Coding for Judicial Database.docx

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Code book for Judicial Database
No Subject Code Applicant 1 Applicant – secular state institution 2 Applicant – Islamic religious state institution 3 Applicant – Islamic religious non-state actor 4 Applicant – Muslim individual 5 Applicant – non-Islamic non-state actor 6 Applicant – non-Muslim individual Respondent 7 Respondent – secular state institution 8 Respondent – Islamic religious state institution 9 Respondent – Islamic religious non-state actor 10 Respondent – Muslim individual 11 Respondent – non-Islamic non-state actor 12 Respondent – non-Muslim individual Court Level 13 Federal Court (or Supreme Court before ...) 14 Court of Appeal 15 High Court Location of court 16 Perlis 17 Kedah 18 Penang 19 Perak 20 Selangor 21 Federal Territory of Kuala Lumpur 22 Federal Territory of Putrajaya 23 Negeri Sembilan 24 Malacca 25 Johor 26 Pahang 27 Terengganu 28 Kelantan 29 Sabah 30 Sarawak Primary cause of the case is constitutional 31 Constitutional – Individual v. state; intra state agencies or state v federal Non – constitutional cases (with constitutional implications as a secondary cause) Fundamental liberties (civil and political) 33 Article 4 – Deprivation of life or liberty 34 Article 5(2) Habeas Corpus Article 5(3) Rights to grounds of arrest and to counsel Article 5(4) Judicial approval for extended detention 35 Article 9(2)/(3) Freedom of movement and of residence

2 No 36 Subject Article 10(1)(a) Freedom of speech Article 10(1)/(b) Freedom of Assembly Article 10(1)(c) Freedom of Association 37 Article 11 (1)/(4) Freedom of Religion Article 11(3) Right to manage religious affairs and institutions 38 Article 12(2) Right to establish religious schools Article 12(3)/(4) No compulsory religious education and ceremonies in another religion 39 Article 13(1) Right to property Article 13(2) No compulsory acquisition without adequate compensation Other cases which are non-constitutional but are mega political by nature 40 Ruling party politician 41 Individual linked to the ruling party supporter (or have strong links to ruling party) 42 Ethno or religio centric activists Opposition party politician 43 Opposition party supporter (or have strong links to opposition party) 44 Civil society activists 45 Cases that involve Islam 46 Where a state agency is involved Decisions 47 In favour of the state (unanimous) 48 Against the state (unanimous) 49 In favour of the state (with dissenting view/s) 50 Against the state (with dissenting view/s) 51 No outcome (bench deflects making a decision) Judges 51 Name 52 Title when case was decided 53 Gender: Male or Female 54 Religion: Muslim (or non-Muslim) 55 Ethnicity: Malay or non-Malay 56 Origin: Peninsular Malaysia or Sabah/Sarawak 57 Location (Judge of…) when case decided 58 Basic degree (local or foreign) 59 Career: from civil service or private sector Code

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Note: Laws in Malaysia that is contentious by nature: (1) Internal Security Act (1960) , [repealed on 15 September 2011] (2) Restricted Residence Act (1933) and Banishment Act (1959) [Repealed on 15 September 2011] (3) 4 Emergency proclamations repealed. (4) Police Act (1967) [Section 27 reviewed] (5) Printing and Publications Act (1984) [Reviewed] (6) Official Secrets Act (1972) (7) Societies Act (1966) (8) The Sedition Act (1948) (9) The Defamation Act (1957) New laws introduced: (10)The Security Offences (Special Measures) Act [Introduced to replace ISA] (11) Peaceful Assembly Act 2012 (12) Currently under debate in parliament – Prevention of Crime Bill