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SOURCES OF MALAYSIAN LAW :pencil2: (Where is sources of law can be found…
SOURCES
OF
MALAYSIAN LAW :pencil2:
Where is sources of law can be found in?
LEGAL
FORMAL
HISTORICAL
UNWRITTEN LAW
ENGLISH LAW
Can be found in The English Common Law & Rules Of Equity
Is a part of Malaysian Law
Refer to
Section 3 and Section 5 of the Civil Law Act 1956
COMMON LAW
Body of rules or judicial decisions developed by the old common law courts
EQUITY
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
Sabah
1 December 1951
Peninsular Malaysia
7 April 1956
Sarawak
12 Decembber 1949
CUSTOMARY LAW
personal laws which are applicable to particular racial, religious or ethnic groups.
CUSTOM
A pattern of behaviour accepted and expected conduct in a community.
MALAY CUSTOMARY LAW
Adat Temenggung
recognises patrilineal system
Adat Perpatih
Democratic in nature & Matrilineal customary law
CHINESE CUSTOMARY LAW
HINDU CUSTOMARY LAW
CUSTOMARY LAW IN SABAH AND SARAWAK
ISLAMIC LAW
Secondary sources
Qiyas
Ijma
Primary sources
Al-Quran
Sunnah
ADMINISTRATION
MAJLIS AGAMA ISLAM
MUFTI
SYARIAH COURTS
JUDICIAL DECISIONS
The court's actual determination of dispute between the parties (inter parte)
Obiter Dictum
Ratio Decidendi
Judicial Decision
Stare Decisis
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
Decision
Res Judicata
that decision has settled the dispute once and for all.
WRITTEN LAW
CONSTITUTION
Body of legal & non-legal rules concerning the gov. of a state : :silhouettes:
FEDERAL CONSTITUTION
Considered as the supreme law in Malaysia and any law passed after
Merdeka Day
which is inconsistent with this constitutional shall be
void
.
Parliament
Federal List
Concurrent List
STATE CONSTITUTION
Each of the state in Malaysia have its own constitution regulating the gov. of the state.
State Legislative Assemblies
State List
Concurrent List
LEGISLATION
Law enacted by the legislature and by bodies and persons authorized by the legislature.
Public Bills & Private Bills & Hybrid Bills
Pre-parliamentary Stage
Parliamentary Stage
SECOND READING
COMMITTEE STAGE
FIRST READING
THIRD READING
**SUBSIDIARY / DELIGATED / SECONDARY / SUBORDINATE LEGISLATION
Law made by an authority other than legislature under powers given/ delegated by legislature via enabling or parent statute.
Example
+
Technical expertise
Flexibility & Convenience
Save time for legislature
Legislation can continue even not in sessions
-
Loss of Legislative Control
Bulk & Frequent Changes
