LAW084 Assignment Brief
The number of words should be between 2500 – 2700 words (excluding footnotes and bibliography).
Please refer to the Presentation styles below on details of your written assignment.
Question
Malaysia adheres broadly to the doctrine of judicial precedent (stare decisis) within a hierarchical court structure, where decisions of superior courts may bind inferior courts, promoting consistency and predictability in the law.
Discuss critically the operation and rationale of the doctrine of judicial precedent in Malaysia, with particular reference to:
- How the doctrine functions in practice within Malaysia’s court hierarchy.
- The shortcomings and limitations of the doctrine in the Malaysian context
- Whether, considering these shortcomings, Malaysia should abandon the doctrine of judicial precedent. If you argue yes, explain what would replace it, how coherence would be maintained, and whether this would improve justice and legal development. If you argue no, explain why the doctrine remains necessary, and discuss how its shortcomings can be managed.
Your answer should be analytical and evaluative, not merely descriptive. Where relevant, support your arguments with examples and, if useful, brief comparative references to other common law jurisdictions to illuminate why Malaysia might retain, reform, or move away from precedent.
- Students must conduct legal research on the question above and must cite minimum 7 scholarly legal journal articles available in Lexis Nexis, Westlaw, Google Scholar, Jstor or other reputable sources in the submitted Written Assignment.
- Students must include proper citation. Students can make reference to any type of source i.e. journal articles, Internet websites, newspaper articles, textbooks and others.
- Students must include a bibliography.
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