SOURCES OF LAW IN MALAYSIA (WRITTEN LAW (LEGISLATION Law which has been…
LAW IN MALAYSIA
Each state has its own constitution by which it is governed
Can provide additional protections and rights not found in federal law
Contains provision which are enumerated in
the Eight Schedule to the Federal Constitutions
The Legislative of the state
The Legislative Assembly
The executive council
FEDERAL SYSTEM OF GOVERNMENT IN MALAYSIA
Yang Dipertuan Agong (YDPA)
Conference of Rulers
Organs Of The Government
DOCTRINE OF SEPARATION OF POWERS
Law which has been promulgated (or "enacted") by a legislature or other governing body.
Before an item of legislation becomes law it may be known as a bill.
LEGISLATIVE BODIES IN MALAYSIA
(1) Federal Legislation
(2) State Legislation
Article 44 of the Federal Constitution
- legislative authority of Malaysia in Parliament lies with
Yang Di Pertuan Agong
Dewan Negara (Senate)
TYPES OF BILLS
PROCESS OF PARLIAMENT
Proposal discuss at ministry level > Experts and interested outside bodies may be consulted > Sent the proposal to the Parliament Draft person in the Attorney General's Chambers > The proposal becomes Bill > Cabinet gives approval for the bill > The Bill is ready to be introduced into Parliament.
First Reading > Second Reading > Committee Stage > Third Reading
Law made by an authority other than the legislature under powers given/delegated by legislature via enabling or parent statue.
The Parliament enacts the main and basic laws leaving the detail and technical matters to be handled by subsidiary legislation due to time constraint and lack of technical knowledge.
RULES OF STATUTORY INTERPRETATION
Constitution of Malaysia
Article (4) of The Federal Constitution of Malaysia ensures the supremacy of the constitution
Considered as the supreme law in Malaysia
FEDERAL & STATE GOVERNMENT
The decision made by a Court in response to a legal dispute
A statement of law made by a judge as an additional illustration to the case
A decision of a superior court of law, cited as an authority, in support of one's argument, to be adopted by a judge in making his decision making.
Term for legal reasoning
DOCTRINE OF STARE DECISIS
Operation of Doctrine
Vertical application of the doctrine
Horizontal application of the doctrine
Personal laws which are applicable to a particular racial, religious or ethnic groups
MALAY CUSTOMARY LAW
HINDU CUSTOMARY LAW
CHINESE CUSTOMARY LAW
CUSTOMARY LAW IN SABAH & SARAWAK
Article 160 of the Federal Constitution: Definition of law includes "the common law in so far as it is in operation in the Federation or any part thereof.
Section 3(1) of The Civil Law Act 1956
Section 5(1) of The Civil Law Act, 1956