Evolution of Substrate Integrated Waveguide (SIW)

Evolution of Substrate Integrated Waveguide (SIW)  ­Ã‚ ­EVOLUTION OF SUBSTRATE INTEGRATED WAVEGUIDE STRUCTURES: AN OVERVIEW , and Abstract — Substrate integrated waveguide(SIW) is the most captivating technology for easy integration onto planar substrates for millimeter wave components and systems for the next decade. This guide is synthesized on the substrate with arrays of metallic posts retaining the low loss advantage of conventional rectangular waveguides. In this paper, various evolving structures of SIW which had been implemented for various practical applications like filters, couplers, antennas etc are reviewed and some ongoing projects based on this technology are also presented. Index Terms —  Filters, couplers, substrate integrated waveguide (SIW) INTRODUCTION Metallic waveguides are preferred over traditional transmission lines like coaxial cables wherein high losses are accounted, namely, copper losses and dielectric losses [1]. Metallic waveguides inherit the advantage of high power handling capability and high Q-factor [2]. In spite of its aforementioned advantages, it is not yet a very promising technology because of its bulky and non planar nature [3]. Slot like planar printed transmission lines are next to metallic waveguides used in microwave integrated circuits (MICs). These were planar in nature but not suitable at smaller frequencies due to its transmission losses [4].      To bridge the gap, SIW is introduced, a very promising waveguide structure which maintains the advantages of a rectangular waveguide, such as high Q-factor and high power handling capability in planar form [5-7]. Basically in SIW, two parallel metallic layers of substrate are connected via metallic posts introducing structure similar to common metallic waveguides. Generically, the substrate integrated waveguides (SIW) are known as substrate integrated circuits (SICs) [8]. SIW is the most popular topology among others family members of SICs because the design techniques of rectangular waveguide can be applied directly to this topology. The SIW technology has been implemented with millimeter and microwave components as it is suitable for high frequency range because of its accounted leakage losses at low frequency. They can be directly connected to planar circuits, namely, micro strip line and coplanar waveguides (CPW), allowing for easy integration of active circuits thus making it su itable for mass production . In this paper, evolutions of SIW structures are studied and different application of SIW technology are presented, and some ongoing projects are discussed later. EVOLUTION OF SIW STRUCTURE At millimeter wave frequency, electromagnetic coupling between building blocks of antenna makes designing a very critical issue. To provide great deal of flexibility for designing of components, concept of SICs is introduced. SIW, which are synthesized on planar substrate in which metallic posts are perforated in the embedded substrate using printed circuit board technology shown in fig.1. [9] Fig.1. Substrate Integrated Waveguide The steady and constant rise of wireless user has fuelled an increase in wireless applications. For the fulfillment of increasing day to day needs of communication, various evolving structures of SIW are proposed. Substrate integrated slab waveguide (SISW), a new variant in the SIW toolkit is hereby introduced [10]. The structure offers an increase in bandwidth by adding air holes into an SIW mainly for wideband microwave applications. Compared to rectangular waveguides, a size reduction of is achieved with SIW. Unfortunately, SIW are still large (compared to their micro strip counterparts) for various practical applications and hence substrate integrated folded waveguide (SIFW) is proposed [11]. In SIFW size reduction of (9) is achieved by using dual layer substrate but its losses are increased. Also there are half mode substrate integrated waveguides (HMSIW) [12] which increases the bandwidth and can also have a reduced size while maintaining the advantages of SIW. Recently after HMSIW, folded half wave substrate integrated waveguide (FHMSIW) is proposed but there are complexity issues which needs to be solved [13].For effective utilization of waveguide channel, hybrid SIW is proposed in which waveguide channel usage is maximized by routing a strip line inside the substrate [14]. Novel class of bandwidth enhancing structures are proposed, namely ridged substrate integrated waveguide (RSIW) [15] shown in Fig.3 and ridged substrate integrated slab waveguide (RSISW) [16].In former structure, side walls of top and bottom metal layers are connected by full height metallic posts and central row of partial heighted metallic posts are connected at their bottom by a metal strip. The latter structure is having the similar geometry of RSIW but additional air holes are included to further increase the bandwidth. Also there are unpopular structures like honeycomb substrate integrated waveguide (HCSIW) and folded corrugated substrate integrated waveguide (FCSIW). HCSIW cr eates partially low dielectric region by drilling air filled posts vertically [17] and FCSIW is used for back lobe suppression [18]. For two different modes of propagation, switchable substrate integrated waveguide (SSIW) (via the biasing of pin diode switch) is introduced [19]. Another variant of HMSIW is rotated HMSIW, to improve the manufacturing tolerances by enabling direct interaction with wave energy at central point which is not feasible for the structures discussed earlier[20]. Recently, Butterfly substrate integrated waveguide; another variant has been added to the SIW toolkit for better gain and low side lobe levels. [21]. Latest variant added to the SIW toolkit is empty SIW (ESIW). This structure eliminates the disadvantages of dielectric substrate by replacing it by novel empty substrate (air filled) while maintaining the advantage of complete integration in planar substrate [22]. Outlines of important configurations of SIW are shown in fig.2. [11], fig.3.[15] and fig.4 [21]. Fig.2. SIW Main Variants Fig.3.RSIW Structure Fig.4.Butterfly substrate integrated waveguide FUTURE TRENDS IN SIW SIW, a very promising technology has been implemented for many practical applications like SIW based shifters, oscillators, resonators, filters, power dividers, diplexers, mixer, antennas and many more [23-30]. Currently there were many ongoing projects in progress based on SIW technology. A very few have been mentioned here in this paper. Efficient synthesis and design of reconfigurable micro electro mechanical systems (MEMS) based band pass filter (BPF) in SIW technology [31] is one of the ongoing projects. This project is focused on the development of novel microwave and millimeter wave fully reconfigurable BPF on SIW so that advantages of miniaturization, easy integration onto planar substrates, low losses, high power handling can be achieved. This project tries to combine the advantages of novel comb line SIW resonators with the enhanced characteristics of MEMS varactors to tune the response of coupled resonator filters. These filters are key components of emerging RF front ends for future telecommunication systems. SOSRAD-77GHz SIW system on substrates (SOS) radar front end is the other ongoing project based on SIW [32]. The aim of the project is to establish SIW technology as the leading high performance platform to encompass all available technologies within a common substrate at mm-wave frequencies. Some of the completed projects on SIW technology are stated; integrated focusing systems in SIW technology: full wave modeling and optimization [33] and Design and development of SIW based RF circuits and components using metamaterials in ku-band application [34]. REFERENCES [1] Dominic Deslandes, â€Å"Design considerations for tapered micro strip to substrate integrated waveguide transitions,† IEEE Trans. Microwave Theory Tech., vol. 46, no.5, pp.625-630, May 1998. [2] N. Ranjkesh and M. Shahabadi, †LOSS MECHANISMS IN SIW AND MSIW,† Progress in Electromagnetics Research B, Vol. 4, 299–309, 2008. [3] Li Yan, Wei Hong Guang Hua, Jixin Chen, Ke Wu and Tie Jun Cui, â€Å"Simulation and Experiments on SIW Slot array antennas,† IEEE Microwave and wireless components letters, vol. 14, no. 9, September 2004. [4]  Futoshi Kuroki and Ryo-ji Tamarulow, â€Å"Low-loss and Low-cost solution for printed Transmission Lines at Millimeter-wavelengths by using Bilaterally Metal-loaded Tri-plate,† Microwave Symposium Digest, 2009. MTT’09, IEEE MTT-S International. [5]  Dominic Deslandes and Ke Wu, â€Å"Integrated Micro strip and rectangular waveguide in planar form,† IEEE Microwave and wireless components letters, vol. 11, no. 2, February 2001. [6]  Uchimura, H.; Takenoshita, T.; Fujii , M., â€Å"Development of the laminated waveguide,† Microwave Symposium Digest, 1998 IEEE MTT-S International, vol. 3. [7]  a, J.; Ando, M, â€Å"Single layer waveguide consisting of posts for plane TEM wave excitation in parallel plates,† IEEE Transactions on Antennas and Propagation, vol. 46, no.5, may 1998. [8] a Wu, Dominic Deslandes and Yves Cassivia, â€Å"The Substrate Integrated Circuits-A new concept for high-frequency electronics and optoelectronics,† 6th international conference on Telecommunications in Modern Satellite, cable and Broadcasting Service, 2003, vol. 1. [9] M. Bozzi, L. Perregrini, K. Wu, and P. Arcioni, â€Å"Current and future research trends in substrate integrated waveguide technology,†Radioengineering, vol. 18, no. 2, pp. 201–209, 2009. [10] Deslandes, D.; Bozzi, M.; Arcioni, P.; Kea Wu, â€Å"Substrate integrated slab waveguide (SISW) for wideband microwave applications,† Microwave Symposium Digest, 2003IEEE MTT-S International, vol. 2, pp. 1103-1106. [11] Nikolaos Grigoropoulos, Benito Sanz-Izquierdo and Paul R. Young. â€Å"Substrate Integrated Folded Waveguides (SIFW) and Filters,† IEEE Microwave and Wireless Components letters, vol.15, no. 12, December 2005. [12] W. Hong, B Liu, Y. Wang; Q. Lai, H. Tang, X. X. Yin. D. Dong, Y. Zhang, and K. Wu, â€Å"Half Mode Substrate Integrated Waveguide: A new guided wave structure for microwave and millimeter wave applications,† in Proc. Joint 31st Int. conf. Infr. Millim. Waves, Sept. 18-22, 2006, pp. 219-219. [13] W. Wang, Yuan Jiang, W. J. Zou, R. J. Luo, X. Q. Lin, â€Å"A varactor-loaded tunable phase shifter based on folded half mode substrate integrated waveguides,† in Proc. International Symposium on Antenna, Propagation EM Theory(ISAPE)Oct. 22-26,2012 pp. 558-561. [14]  Suntives, A.;Abhari, R, Experimentalevaluationof ahybridsubstrate integrated waveguide, Antennas and Propagation Society International Symposium, 2008. AP-S 2008. IEEE, pp.1-4. [15]  Cuixia Li,;Wenquan Che;Russer, P.,Propogation and Band Broadening Effect of Planar Ridged Substrate-integrated Waveguide(RSIW), Microwave and Millimeter Wave Technology, 2008. ICMMT 2008.InternationalConference,vol. 2,pp.467-470. [16] M. Bozzi, S. A. Winkler, and K. Wu, â€Å"Broadband and compact ridge substrate integrated waveguides,† IET Microw. Antennas Propag., vol.4, no. 11, pp. 1965–1973, 2010. [17] H. Ikeuchi, I. Ohta, M. Kishihara, and T. Kawai, â€Å"Honeycomb substrate integrated waveguide (HCSIW) and its application to design of SIW right-angle corner,† Proc. 42nd European Microwave Conf., pp. 112-115, Oct. 2012. [18] Daekeun Cho; Hai-young Lee,Folded Corrugated SIW(FCSIW) Slot Antenna for Backlobe Suppression, Antennas and wireless propagation Letters,IEEE, vol.2,2013. [19] R. F. Xu; B. S. Izquierdo; and P. R. Young, â€Å"Switchable substrate integrated waveguide,† IEEE Microw. Wireless Compon. Lett., vol. 21,no.4, pp. 194–196, Apr. 2011. [20] Farrall, A..J. ; Young, P.R,Rotated Half-Mode Substrate Integrated Waveguide, Antennas and Propagation Conference(LPAC),2013, pp.514-517. [21] Mohtashami, Y. ; Rashed-Mohassel, J,A Butterfly Substrate Integrated Waveguide Leaky-Wave Antenna,IEEE Transactions on Antenna and Propagation, 2014, vol. 62, pp.3384-3388. [22] A. Belenguer, H. Esteban, V.E. Boria,Novel Empty Substrate Integrated Waveguide for High-Performance Microwave Integrated Circuits,IEEE Transactions on Microwave Theory and Techniques, April 2014, vol. 62, pp. 832-839. [23] W. Che, E. Yung, and K. Wu, â€Å"Millimeter-wave ferrite phase shifter in substrate integrated waveguide (SIW),† in IEEE Int. AP-S Symp. Dig.,Jun. 2003, pp. 887–890. [24] Y. Cassivi and K. Wu, â€Å"Low cost microwave oscillator using substrate integrated waveguide,† IEEE Microw. Wireless Compon. Lett., vol. 13,no. 2, pp. 48–50, Feb. 2003. [25] Y. Cassivi, L. Perregrini, K. Wu, and G. Conciauro, â€Å"Low-cost and high-Q millimeter-wave resonator using substrate integrated waveguide technique,† in Proc. Eur. Microw. Conf., Milan, Italy, Sep. 2002, pp. 1–4. [26] D. Deslandes and K. Wu, â€Å"Millimeter-wave substrate integrated waveguide filters,† in Proc. IEEE Elect. Comput. Eng. Conf., May 2003, vol. 3, pp. 1917–1920. [27] S. Germain, D. Deslandes, and K. Wu, â€Å"Development of substrate integrated waveguide power dividers,† in Proc. IEEE Can. Conf. Elect.  Comput. Eng., May 2003, vol. 3, pp. 1921–1924. [28] Z. Hao, W. Hong, J. Chen, X. Chen, and K. Wu, â€Å"Planar diplexer for microwave integrated circuits,† Proc. IEEE Microw. Antennas Propagat. Conf., vol. 152, no. 6, pp. 455–459, Dec. 2005 [29] J. Xu and K. Wu A sub harmonic self-oscillating mixer using substrate integrated waveguide cavity for millimeter-wave application,IEEE MTT-S Int. Microwave Symp. Dig., pp.2019 -1022 2005. [30] W. Hong, â€Å"Development of microwave antennas, components and subsystems based on SIW technology,† in Proc. IEEE Microw., Antenna, Propag. and Electromagn. Conf., Beijing, China, Aug. 8–12, 2005, pp.P-14–P-17 [31] Efficient synthesis and designs of reconfigurable microelectromechanical systems based band pass filter in substrate integrated waveguide technology , cordis .europa . eu / project / rcn / 704581_en.html. [32] SOSRAD-77 GHz substrate integrated waveguide(SIW) system on substrate (SOS) radar front-end, http://www.cttc.es/project/77-ghz-substrate-integrated-waveguide-siw system on substrate-sos-radar-front-end/. [33] Integrated focusing systems in substrate integrated waveguide technology: full wave modeling and optimization, http://www.esf-newfocus.org/achievements_projects.html. [34] Design and development of SIW based RF circuits and components using metamaterials in ku-band application, www.becs.ac.in/project-etc-submenu.

The Best of Times the Worst of Times

Comfort women were women and girls forced into a prostitution corps created by the Empire of Japan. [1] The name â€Å"comfort women† is a translation of a Japanese name ianfu ( ). [2][3] Ianfu is a euphemism for shofu ( ) whose meaning is â€Å"prostitute(s)†. [4] The earliest reporting on the issue in South Korea stated it was not a voluntary force,[5] and since 1989 a number of women have come forward testifying they were kidnapped by Imperial Japanese soldiers. Historians such as Lee Yeong-Hun[6] and Ikuhiko Hata stated the recruitment of comfort women was voluntary. 7] Other historians, using the testimony of ex-comfort women and surviving Japanese soldiers have argued the Imperial Japanese Army and Navy were either directly or indirectly involved in coercing, deceiving, luring, and sometimes kidnapping young women throughout Japan's occupied territories. [8] Estimates vary as to how many women were involved, with numbers ranging from as low as 20,000 from some Jap anese scholars[9] to as high as 410,000 from some Chinese scholars,[10] but the exact numbers are still being researched and debated.A majority of the women were from Korea, China, Japan and the Philippines,[11] although women from Thailand, Vietnam, Malaysia, Taiwan, Indonesia and other Japanese-occupied territories were used for military â€Å"comfort stations†. Stations were located in Japan, China, the Philippines, Indonesia, then Malaya, Thailand, Burma, New Guinea, Hong Kong, Macau, and French Indochina. [12] According to testimony, young women from countries under Japanese Imperial control were abducted from their homes.In many cases, women were also lured with promises of work in factories or restaurants. Once recruited, the women were incarcerated in â€Å"comfort stations† in foreign lands. [13] A Dutch government study described how the Japanese military itself recruited women by force in the Dutch East Indies. [14] It revealed that a total of 300 Dutch wome n had been coerced into Japanese military sex slavery[15] The Best of Times the Worst of Times Comfort women were women and girls forced into a prostitution corps created by the Empire of Japan. [1] The name â€Å"comfort women† is a translation of a Japanese name ianfu ( ). [2][3] Ianfu is a euphemism for shofu ( ) whose meaning is â€Å"prostitute(s)†. [4] The earliest reporting on the issue in South Korea stated it was not a voluntary force,[5] and since 1989 a number of women have come forward testifying they were kidnapped by Imperial Japanese soldiers. Historians such as Lee Yeong-Hun[6] and Ikuhiko Hata stated the recruitment of comfort women was voluntary. 7] Other historians, using the testimony of ex-comfort women and surviving Japanese soldiers have argued the Imperial Japanese Army and Navy were either directly or indirectly involved in coercing, deceiving, luring, and sometimes kidnapping young women throughout Japan's occupied territories. [8] Estimates vary as to how many women were involved, with numbers ranging from as low as 20,000 from some Jap anese scholars[9] to as high as 410,000 from some Chinese scholars,[10] but the exact numbers are still being researched and debated.A majority of the women were from Korea, China, Japan and the Philippines,[11] although women from Thailand, Vietnam, Malaysia, Taiwan, Indonesia and other Japanese-occupied territories were used for military â€Å"comfort stations†. Stations were located in Japan, China, the Philippines, Indonesia, then Malaya, Thailand, Burma, New Guinea, Hong Kong, Macau, and French Indochina. [12] According to testimony, young women from countries under Japanese Imperial control were abducted from their homes.In many cases, women were also lured with promises of work in factories or restaurants. Once recruited, the women were incarcerated in â€Å"comfort stations† in foreign lands. [13] A Dutch government study described how the Japanese military itself recruited women by force in the Dutch East Indies. [14] It revealed that a total of 300 Dutch wome n had been coerced into Japanese military sex slavery[15]

Sources Of Law Introduction To The Malaysian Legal System Sources Of Law

SOURCES OF LAW INTRODUCTION TO THE MALAYSIAN LEGAL SYSTEM SOURCES OF LAW The sources of Malaysian law refer to the legal sources i. e. the legal rules that make up the law in Malaysia. The sources of Malaysian law comprise: 1)Written law; and 2)Unwritten law Federal and State Constitutions Written Legislations & Delegated Legislations SOURCES OF MALAYSIAN LAW Judicial Decision English law Unwritten Islamic law Customary Law SOURCES OF LAW: UNWRITTEN LAW Unwritten law is the portion of Malaysian law which is not being enacted by the Parliament or State Legislative Assemblies and is not found in the Federal & State Constitutions.It is found in cases decided by the courts, local customs etc. – The unwritten law comprises the following: – i. Principles of English law applicable to the local circumstances. ii. Judicial decisions of a superior courts e. g. the High Courts, Courts of Appeal and the Federal Court. iii. Customs of the local inhabitants which have been accepted a s law by the courts. iv. Islamic law UNWRITTEN LAW – ENGLISH LAW English law comprises of the common law, the rules of equity and statutes :The common law is the unwritten law which was developed by judges in England based on customs and usages of the society.The common law is recognized and enforced through decisions of courts rather than through parliament or the executive branch of the government. The rules of equity is a body of legal rules formulated and administered by the Court of Chancery in England to supplement the rules and procedures of the common law. Statutes are the laws which are enacted by the legislature/parliament. Reception and Application of English Law in Malaysia ? Started with the informal reception in the Straits Settlement. ? Led to the Malay States through the intervention of the British Resident and advisors. As for the Borneo states since they became British protectorates in 1888, they too informally received English Law. ? The English Law was for mally received under three statutes: ? Civil Law Ordinance 1956 for Peninsular Malaysia ? Application of Laws Ordinance 1951 for Sabah ? Application of Laws Ordinance 1949 for Sarawak ? All the three statutes are now incorporated into the Civil Law Act 1956 ? The principles of English law can be applied in Malaysia by virtue of section 3 and 5 of the Civil Law Act 1956.It provides for the application of the principles of English law in Malaysian courts provided that: ? i) there is a lacuna in law, and ? ii)the principles of English law is suitable to the local circumstances. ? Lacuna = a blank gap or missing part ?Sec. 3(1)(a) of the Civil Law Act 1956 provides that the Court shall in West Malaysia apply the English common law and rules of equity as administered in England on 7 April 1956. This means that only English law, which was used in England as at 7 April 1956 can be used in West Malaysia.Further development of English law after this date cannot be so applied. However, they m ay be persuasive, especially in the absence of local statutory provisions or case law. ?Sec. 3(1(b) of the the Civil Law Act 1956 provides that the Court shall in Sabah apply the English common law, rules of equity and statutes of general application as administered or in force in England on 1 December 1951. ?As for Sarawak , sec. 3(1)(c) of the Civil Law Act 1956 allows the Court to use English common law, rules of equity and statutes of general application in force in England on 12 December 1949. English Commercial Law ? As for English commercial law, sec. 5(1) of the Civil Law Act 1956 provides that for West Malaysia (except for Penang and Malacca), the principles of English commercial law as at 7 April 1956 shall be applied in the absence of local legislation. ? As for the states of Penang, Malacca, Sabah & Sarawak – sec. 5(2) of the Civil Law Act 1956 provides that the principles of English commercial law as at the date on which the matter has to be decided is to be used , where there is no Malaysian legislation on that area. However, as there are an increasing number of Malaysian statutes on commercial law, sec. 5 Civil Law Act 1956 is of diminishing importance. ? The local circumstances clause in sec 3 Civil Law Act 1956 is absent in sec 5 Civil Law Act 1956 , but in practice, sec 5 has been interpreted as if it is subject to this clause as – Shaik Sahied bin Abdullah Bajerai v Sockalingam Chettiar (1933) Section 5 [Specific Application Commercial Matters] ? S 5(1) – All West Malaysia states (Except Penang & Malacca) apply English Commercial Law including statutes on 7/4/1956 S 5(2) – Penang, Malacca, Sabah & Sarawak apply the relevant and applicable English Commercial Law on the date of trial HIERARCHY OF COURTS IN MALAYSIA Federal Court Courts of Appeal High Courts Sessions Courts Magistrates’ Courts Penghulu‘s Courts UNWRITTEN LAW – JUDICIAL PRECEDENT court decisions which make up the ? Judicial decision s are common law of a country. The courts make law by applying the existing law to new situations and by interpreting legislations. Judicial decisions form part of the law of Malaysia through the doctrine of judicial precedent. A judicial precedent is commonly defined as â€Å" a judgment or decision of a court of law cited as authority for the legal principle embodied in its decision†. ? Doctrine = a principle The Doctrine of Judicial Precedent. ? This doctrine states that an earlier decision of a higher ranked court is binding on a later lower ranked court, if the facts in both cases are similar. Thus the cases heard in a higher ranked court lay down legal principles which must be followed by the lower ranked court. Once a precedent is made, it remains binding unless and until overruled by a later decision. The doctrine of judicial precedent is based on the principle of stare decisis, this means that like cases should be treated alike. The general rule is that all courts ar e bound to follow decisions made by courts higher than themselves in the hierarchy and appellate courts are usually bound by their own previous decisions although there are exceptions. ? stare decisis = stand by what has been ? This practice of following precedent is also known as stare decisis (stand by what has been decided).It is a legacy of the English common law system. ? If a judge fails to follow a binding precedent, the decision will be legally wrong and it is likely to be reversed on appeal. Where there is no appeal, it can be overruled in a later case. ? The general rule is, where the subsequent case is in pari materia The Application of the doctrine of Binding Precedent in Malaysia to the earlier case: a) Courts of lower rank in Malaysia are bound to follow the decisions of the courts of higher rank in this country. However, there are exceptions: I.When there is a conflict of decision between higher courts of the same rank : in the case of two conflicting decision of the Court of Appeal, the lower court is entitled to decide which one to follow; in the case of two conflicting decision of the Federal Court the lower court must follow the later decision (because it represents the existing state of the law). Dalip Bhagwan Singh v PP (1998) In pari materia = upon the same matter or subject I. The decision of the higher court though not expressly overruled, cannot in the opinion of the court stand with a decision of the Federal Court. II.Distinguishing precedent – a judge may distinguish the case when there are material differences in facts between the case before him and the case laying down the precedent. ? Hierarchy of the Courts: Federal Court v Court of Appeal v Superior Cts. High Court v Sessions Court v Magistrates’ Court Subordinate Cts. ? Only superior courts are entitled to set up judicial precedents whereas the subordinate courts are duty bound to follow precedents. ? The Federal Court ? The highest ranking court and the final ap peal court. ? The decisions of the Federal Court are binding on all lower Courts. The Federal Court is only bound by its own decision in civil cases. ? Decision of The Court of Appeal ? The Court of Appeal is bound by the decision of the Federal Court. ? The Court of Appeal's decision is binding on all lower courts, including the High Court. ? The Court of Appeal is also bound by its own decision ? Decision of The High Court ? The High Court decision is binding on all subordinate courts. ? The High Court is not bound by its own decision. ? Decision of The Subordinate Court ? The Sessions Courts and Magistrates’ Courts are bound by the decision of the Superior Courts. The Sessions Court and Magistrates’ Court decisions are not binding on any court, including themselves . UNWRITTEN LAW – CUSTOMS ? The regular pattern of social behaviour, accepted by a ? ? ? ? given society as binding upon itself. Customs are proved through repeated acts practiced over a long perio d of time, leading to the conclusion that by common consent they have become the accepted norm, or the law of the place, to the exclusion of ordinary law. In Malaysia, the term is also known as adat or ‘native law & custom’ Art 160 of Federal Constitution includes ‘customs & usages having the force of law’ in the definition of law.This definition distinguished between customs that have legal consequences and those that do not. ? There is no common customary law for all communities. ? Malays – Adat Perpatih & Adat Temenggung ? Natives of Sabah & Sarawak – Native law & custom ? Chinese – Chinese Customary law ? Indian – Indian Customary law ? Customary law consists of customs and traditions including Malay adat, old Chinese and Hindu customs and native law. UNWRITTEN LAW – ISLAMIC LAW ?- Islamic law is another important source of Malaysian law.It refers to the legal rules that are part of the Syariah and enacted as legislati on in accordance with the Federal and State Constitution. incorporation of Islamic principles into land laws and banking laws. Islamic law applies to all Muslims and of particular importance are the laws relating to family matters (marriage & divorce) & division of assets/properties of the deceased persons. ? It is increasingly being applied in our local laws e. g. through the ? In Malaysia the Islamic law applied is of the Shafii school of jurisprudence (mazhab), with some modification by Malay adat (customary) law. Islamic law is applicable only to Muslims and is administered in the Syariah court. Except for the Federal Territories, the states have the power to administer the Islamic law. ? Article 121(1A) of the Federal Constitution states that the civil courts have no jurisdiction in respects of any matter within the jurisdiction of Syariah court. It posseses civil jurisdiction in proceedings between parties who are Muslims, and limited criminal jurisdictions over offences by Mu slims against religion. ? The Sources of Islamic law are: The Quran, Sunnah, Ijma’, Qiyas etc. SOURCES OF LAW: WRITTEN LAW –Written law is the most important source of law in Malaysia. It is in writing and includes the following: the Federal and State Constitutions, legislations and subsidiary/delegated legislation Federal Constitution is the supreme law of the country and no law can go against it. It sets out the structure of the government and states that Malaysia is a system of parliamentary democracy with no separation of legislative and executive branch. However, the judiciary is a separate branch. The Federal Constitution also states the basic rights of every citizens, such as rights to education, citizenship rights and voting rights.There is also freedom to practice one’s own religion, although Islam is the religion of the Federation. – – – – The State constitution sets out the structure of the state governments and provides fo r the existence of a State Legislative Assembly in each state. The function of the state Legislative Assembly is to enact laws for the state. Legislation is enacted by the Parliament at federal level and by the state Legislative Assembly at the state level. The Federal and State legislatures are not supreme as they can only enact laws in accordance with the stipulated procedures in the Federal and State Constitutions.Law made by the Parliament is called an ‘Act’ while law made by the State Legislative Assemblies is called an Enactment or Ordinance. Subsidiary or delegated legislation arises when parliament delegates its rights to make law to another body such as the Minister concerned or a local authority. These laws are known as regulations or by-laws. There is a need for delegation as the Parliament’s time is limited and sometimes specialized expertise in certain areas of the law is required WRITTEN LAW – FEDERAL CONSTITUTION ? The meaning of the term â €˜Constitution’ It is used in two senses: ?The body of legal and non-legal rules concerning the government of a state ? A single written document having special legal status, which establishes the state, and sets out the structure and powers of the state ? In Malaysia, there are 13 states and three federal territories ? There is one Federal Constitution and 13 States Constitutions ? The Federal Constitution is the supreme law of the land. – The FC sets out the structure of the country’s government and states that Malaysia applies the system of parliamentary democracy. It lays down : i) the power of the Federal and State Governments ii) fundamental rights of ndividual such as the rights to education, voting & freedom to practice one’s own religion, although Islam is the official religion of the country. iii) Citizenship iv) the judiciary v) Financial provisions vi) Public Services vii) Relationship between Federation and the States viii) etc. WRITTEN LA W – STATE CONSTITUTION ? Each state has its own constitution. ? This constitution regulates the government of that particular state. ? The powers of a state is provided in the ‘State List' of the Federal Constitution. Example of matter which falls under the State List is Islamic personal and family laws. WRITTEN LAW – LEGISLATION Also known as primary legislation ? Refers to law enacted by: ? Parliament – at federal level ? State Legislative Assemblies – at state level ? Article 74(1) –Parliament makes laws on matters listed in the Federal List or Concurrent List ? Article 74(2) – State Legislature makes laws on matters listed in the State List or Concurrent List. ? Article 75 – if state law inconsistent with federal law the federal law prevails. Types of Legislation ACTS Enacted by Parliaments ENACTMENTS Enacted by State Legislative Assemblies ORDINANCES Promulgated by the YDPA During Emergency & Laws enacted by Sarawak State L egislative Assembly Laws enacted by the Parliament btw 1st Apr 1946 – 10th Sept 1959 ? Also known as delegated/ subordinate legislation ? Law made through powers delegated by the legislature to a WRITTEN LAW – SUBSIDIARY LEGISLATION body or person via a parent statute ? Sec 3 of the Interpretation Act 1948 & 1967 defines SL as: ? ‘Any proclamation, rule, regulation, order, notification, bylaw or other instrument made under any Act, Ordinance or other lawful authority & having legislative effect. ’ ? Why SL is needed: i. The legislature has insufficient time ii.Better to leave the highly technical aspect of the legislation to the experts or administrators on the job iii. The legislature is not continuously in session & the procedures are cumbersome The Federal Constitution The general features of the Malaysian Federal Constitution: ? The Supremacy of the Federal Constitution. – In Ah Thian v Government of Malaysia (1976), Suffian LP pointed out that the doctrine of Parliamentary Supremacy does not apply in Malaysia. Here we have a written constitution. The power of Parliament and state legislatures in Malaysia is limited by the Constitution. The legislature, the executive and the judiciary and all institutions created by the Federal Constitution and deriving their powers from it are subject to the provisions of the Federal Constitution. – Article 4(1) of the FC declares that the FC is the supreme law of the federation and any law passed after the merdeka day that is inconsistent with FC is (to the extent of the inconsistency) void. – Art 162 – pre merdeka laws shall be applied with such modifications as may be necessary to make them accord with the FC – In Dewan Undangan Negeri Kelantan & Anor v. Noordin Bin Salleh & Anor.The Supreme Court declared that a law passed by the Kelantan State Legislative Assembly to be void as the said state law contravened the provisions of the Federal Constitution that guaranteed the freedom of association. ? Fundamental Liberties/ Basic Human Rights ? The Constitution highlights and safeguards certain fundamental human rights essential for the continuance of human race. ? The constitution protects our freedom an restrains any law or any other power from encroaching and taking away our basic rights. ? Examples: o Article 5 – No one shall be deprived of his life or personal iberty except through the provisions of law. A person may not be unlawfully detained, he must be informed of the ground of his arrest and must be produced before a Magistrate within 24 hours. o Article 6- prohibits slavery and forced labour. o Article 7- protects against retrospective criminal laws and repeated trials. o Article 8 –provides for equality before the law and equal protection of the law. o Article 9 – provides for freedom of movement o o o o Article 10 – freedom of speech, expression and association. Art 11 – Rights to profess & pr actice & propagate religion Art 12 – Rights of education Art 13 – Rights to propertyRestraints†¦ ? Art 5 – i) Govt. entitled to stop/prevent individual from leaving/visiting country for various reasons. E. g. political boycott, threat of war, pending criminal charges, etc . , ii) Internal Security Act – detention w/o trial : exempted from complying with Art 5 ? Art 6 – compulsory service for national purposes – work incidental to serving of imprisonment are not considered slavery/labor force ? Art 7 – the acquitted/convicted can be subjected to disciplinary action by a domestic tribunal for the same offence, OR being tried under difference statute Art 8 – Art 153 allows reservation of quotas for bumiputras – AG is given power to discriminate individual for public interest – Certain people – enjoy immunity. E. g. monarch, diplomat, special rapporteur for UN ? Art 9 – subject to banishment order m ade by Deputy Minister of Home Affairs under s 2(i) of Restricted Residence Enactment ? Art 10 – Freedom of speech: Defamation Act 1957, Sedition Act 1948, Official Secrecy Act, Printing Presses & Publications Act 1984 Freedom of Assembly : Permit is sin qua non. Has to satisfy the police the assembly is not prejudicial & excite disturbance of peace Art 11 – Propagation is subjected to clause 4 where the state & federal law may restrict, control the act of propagation of any religion among persons professing Islam Clause 5 – In exercising religious practices, The FC forbids any act which may lead to public disorder, affect public health or public morality. Case: (Halimatussaadiah v Public Service Commission, Malaysia, Anor [1992] ? Art 12 – subject to Art 152 : national language and Art 153 : bumiputra quotas. Case: Merdeka University v Govt of M’sia [1982] ? Art 13 – subject to acquisition by the govt. ut entitled to receive fair & reasonab le compensation. Case: K’jaan Negeri Johor & Anor v Adong bin Kuwau & Ors [1998] ? Amendment of the Federal Constitution ? All institutions created by the Federal Constitution and deriving their powers from it are subject to the provisions in Federal Constitution . ? The provisions that are written in the Federal Constitution can only be amended by certain methods provided for by the Federal Constitution itself. ? Article 159 provides for 4 methods by which the Federal Constitution can be amended: 1. Requiring Special Majorities 2. Requiring Consent of Conference of Ruler 3.Requiring Consent of Sabah & Sarawak 4. Not requiring Special Majorities DIVISIONS/CLASSIFICATIONS OF LAW ? Legal rules can be divided up in many different ways. ? Not all legal rules are of the same type ? They show differences in purpose, in origin and form, in the consequences when the rules are breached and in matters of procedure, remedies and enforcement. EXAMPLES OF DIVISION OF LEGAL RULES ? 1. stat ute v common/case law ? 2. criminal law v civil law ? 3. national law v international law ? 4. public law v private law Criminal law v civil law ? Criminal law means the law relating to crime. Civil law means the law not relating to crime. ? The difference relies in the nature of the proceedings and the sanctions that may follow DIFFERENCES BETWEEN A CRIME AND A CIVIL WRONG CRIME ? 1. A crime is a public CIVIL WRONG ? 1. A civil wrong is an wrong. It constitutes breaches and violations of public rights and duties due to the community as a whole. infringement of a private civil right which belongs to an individual. ? 2. A crime is prosecuted by ? 2. A civil wrong is filed by the public prosecutor on behalf of the government; criminal charges cannot be filed by an individual.An act is a crime if the sanction is enforced at the discretion of the state using a criminal procedure. the damaged or wronged individual. An act is a civil wrong if the sanction is enforced at the discretion of the party whose right has been violated, using a civil procedure. ? 3. If the outcome of the ? 3. Civil wrongs are usually procedure is punishment in the form of sentencing after a finding of guilt, then the act or wrong is a crime. Crimes are punishable by imprisonment, fines or capital punishment. resolved through awarding monetary damages to the wronged individual.If the outcome is a judgment for damages, compensation, restitution, declaration of rights, order of specific performance, a prerogative order, etc. , then the act or wrong is a civil wrong. ? 4. The punishment for ? 4. There is no set limit on crimes has already been set down in rule and punishment is generally decided by the type of crime that was committed, the seriousness of the offence and, in some instances, the history of the offender. the amount one found guilty of a civil wrong can be made to pay. PUBLIC LAW V PRIVATE LAW ? Public law is concerned with the distribution nd exercise of power by the state and the legal relations between the state and the individual. ? For example, the rules governing the powers and duties of local authorities, the regulation of building standards, the issuing of passports, the compulsory purchase of land to build motorway all fall within the ambit of public law. ? Private law is concerned with the legal relationships between individuals such as the liability of employers towards their employees for injuries sustained at work, consumer’s rights against shopkeepers and manufacturers over faulty goods or owners’ rights to prevent others walking across their land.

Definition and Examples of False Friends in Language

In  linguistics, the informal term  false friends refers to  pairs of words in two languages (or in two dialects of the same language) that look and/or sound the same but have different meanings. Also known as false (or deceptive) cognates. The term false friends (in French, faux amis) was coined by Maxime Koessler and Jules Derocquigny in Les faux amis, ou, les trahisons du vocabulaire anglais (False Friends, or, the Treacheries of English Vocabulary), 1928. Examples and Observations Youd think you can figure out the meanings if you come across the words embarazada, tasten, and stanza in Spanish, German, and Italian respectively. But watch out! They actually mean pregnant, to touch or feel, and room in the respective languages.(Anu Garg, Another Word a Day. Wiley, 2005)At the simplest level there can be trivial confusion between everyday words such as French carte (card, menu, etc.) and English cart or German aktuell (at present) and English actual. But more problematic conflicts of meaning arise with trade names. Americas General Motors had to find a new name for their Vauxhall Nova car in Spain when it was discovered that no va in Spanish means doesnt go.(Ned Halley, Dictionary of Modern English Grammar. Wordsworth, 2005)An example of a  false cognate  is the English  jubilation  and the Spanish  jubilacià ³n. The English word means happiness, while the Spanish one means retirement, pension (money).(Christine A. Hult and Thomas N. Huckin,  The New Century Handbook. Allyn and Bacon, 1999) Interference: Four Types of False Friends Interference is the phenomenon that we experience when linguistic structures that we have already learnt interfere with our learning new structures. Interference exists in all areas—for example, in pronunciation and spelling. Incidentally, interference exists not only between two languages, but also within one language. In semantics, one therefore refers to intralingual and interlingual false friends. Since a word may change its meaning in the course of time, this problem cannot be viewed only in the light of the current (i.e., synchronic) situation. Because the historical (i.e., diachronic) development must also be taken into consideration, there are altogether four types of false friends.(Christoph Gutknecht, Translation. The Handbook of Linguistics, ed. by Mark Aronoff and Janie Rees-Miller. Blackwell, 2003) French, English, and Spanish:  Faux Amis [I]n order to illustrate how deceitful false friends may become, the best we can do is to resort to the term false friends itself . . . As I have just pointed out,  false friends is a calque from the French term faux amis, although this translation is at least unsuitable, despite being lexicalised now. And the reason is that treacherous, disloyal or unfaithful friends are not usually called false friends and falsos amigos, but bad friends and malos amigos in English and Spanish, respectively.Yet, the term false friends is the most widely spread in the literature on this linguistic phenomenon . . .(Pedro J. Chamizo-Domà ­nguez, Semantics and Pragmatics of False Friends. Routledge, 2008) Old English and Modern English The vocabulary of Old English presents a mixed picture, to those encountering it for the first time. . . Particular care must be taken with words which look familiar, but whose meaning is different in Modern English. An Anglo-Saxon wif was any woman, married or not. A ​fugol fowl was any bird, not just a farmyard one. Sona (soon) meant immediately, not in a little while; won (wan) meant dark, not pale; and faest (fast) meant firm, fixed, not rapidly. These are false friends, when translating out of Old English.(David Crystal, The Cambridge Encyclopedia of the English Language, 2nd ed. Cambridge University Press, 2003)