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Sources of Law (Written Law (Legislation (Subsidiary legislation (Known as…
Sources of Law
Written Law
State Constitution
The Ruler
The Legislative Assembly
The Legislature of the state
The executive council
Federal Constitution
Supreme law of the Federation
Article 4(1)
Amendments
Article 161E (2) - 161E (4)
Article 159 (3)
Article 159 (4)
Articles 159 (5); Articles 38 (2) (C); (4) & 6
Legislation
Subsidiary legislation
Known as Secondary Legislation
Ministers
Local Government Authorities
Yang di-Pertuan Agong
Technical Expertise
Save time
Parent Act
Enacted by Parliament
Public Bills
Bills of general public interest
Private Bills
Comes from private persons
Hybrid Bills
May affect interest of private
Process
Pre-Parliamentary stage
Parliamentary stage
Acts
Enactments
Ordinances
Unwritten Law
English Law
Equity
Common Law
Evolved by English Courts
Suitable to the local custom
Absence of local legislation
Section 3 and Section 5
Judicial Decision
obiter dictum
Additional illustration
"res judicata"
Has settled once
ratio decidendi
Legal reasoning
To cover loopholes
Judicial precedent
Decision of a superior court
Doctrine of Stare Decisis
Known as "Doctrine of Binding Judicial Precedent"
Prevent injustice
Public Prosecutor v Datuk Tan Cheng Wee & Anor
Vertical
Horizontal
Customary Law
Malay customary law
Adat Perpatih
Power lies in the hand of women
Matrilineal system
Female inherit ancestral land
Adat Temenggung
Power lies in the hand of male
Patrilineal system
Male inherit ancestral land
Chinese customary law
"Kapitan China"
Ching Kwong Kuen V Soh Siew Yoke
Hindu customary law
Polygamous marriages
The Estate of T.M.RM Vengadasalam Chettiar
