SOURCES OF MALAYSIAN LAW :pencil2: (Where is sources of law can be…
MALAYSIAN LAW :pencil2:
Where is sources of law can be found in?
Can be found in The English Common Law & Rules Of Equity
Is a part of Malaysian Law
Section 3 and Section 5 of the Civil Law Act 1956
Body of rules or judicial decisions developed by the old common law courts
Is based on a judicial assessment of fairness as opposed to the strict and rigid rule of common law
A branch of English Law which developed hundreds of years ago.
English Common Law and Equity
1 December 1951
7 April 1956
12 Decembber 1949
personal laws which are applicable to particular racial, religious or ethnic groups.
A pattern of behaviour accepted and expected conduct in a community.
MALAY CUSTOMARY LAW
recognises patrilineal system
Democratic in nature & Matrilineal customary law
CHINESE CUSTOMARY LAW
HINDU CUSTOMARY LAW
CUSTOMARY LAW IN SABAH AND SARAWAK
MAJLIS AGAMA ISLAM
The court's actual determination of dispute between the parties (inter parte)
The doctrine that where the facts are the same or almost alike
Rationale For Doctrine Of Stare Decision
To prevent the uncertainty
To prevent injustice
To standardise the law and make it uniform
To achieve consistency in judicial decisions
Superior And Subordinate Courts
Horizontal application of doctrine
Vertical application of doctrine
The High court
The Federal Court
that decision has settled the dispute once and for all.
Body of legal & non-legal rules concerning the gov. of a state : :silhouettes:
Considered as the supreme law in Malaysia and any law passed after
which is inconsistent with this constitutional shall be
Each of the state in Malaysia have its own constitution regulating the gov. of the state.
State Legislative Assemblies
Law enacted by the legislature and by bodies and persons authorized by the legislature.
Public Bills & Private Bills & Hybrid Bills
**SUBSIDIARY / DELIGATED / SECONDARY / SUBORDINATE LEGISLATION
Law made by an authority other than legislature under powers given/ delegated by legislature via enabling or parent statute.
Flexibility & Convenience
Save time for legislature
Legislation can continue even not in sessions
Loss of Legislative Control
Bulk & Frequent Changes