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Sources Of Law law_review (Written Law (Legislation …

- - - - Legislation on State
      - Legislation on Concurrent Lists
    - - Federal List
      - Concurrent List
      - State List
    - - The Federal Constitution permits flexibility by authorizing Parliament to legislate certain matters on State Lists
    - - Power to make the law
      - Dewan Negara/YDPA
    - - Articles 159 (5); Articles 38 (2) (c); (4) & 6
      - Articles 161E(2) - 161E (4)
      - Articles 159 (3)
      - Article 159 (4)
    - - Article 4(1)
  - - - Have its own constitution regulating the government of that state
  - - - Legislature
      - Bodies
      - Persons athorized by the Legislature
    - - Federal Legislation
      - State Legislation
    - - Legislative authority of Malaysia in Parliament lies with
        
        Yang Di Pertuan Agong (YDP)
        
        Dewan Negara (Senate)
        
        Dewan Rakyat (House Of Representatives)
    - - Public Bills
        
        Private concerns
        
        Comes from private persons/ associations/ corporate
      - Private Bills
        
        Public matter which affect interest of private bodies
      - Hybrid Bills
        
        General public interest
    - - Proposal Discuss
        
        Consultation
        
        Attorney General's Chambers
        
        The Proposal Becomes Bill
        
        Approval from Cabinet
        
        The Bill is ready to be introduced into Parliament
        
        Sent the proposal to the Parliamentary Draft Person
        
        Experts and interested outside bodies may be consulted
        
        At ministry level
    - - First Reading
        
        Second Reading
        
        Committee Stage
        
        Third Reading
    - - Enacted by State Legislative Assemblies
    - - Laws made by State Legislative Assembly in Sarawak
      - Sabah/Sarawak
      - Laws enacted by the Federal legislature between 1 April 1946 - 10 September 1959
    - - Laws enacted by Parliament ( Dewan Rakyat Dewan Negara)
      - Article 160(2) of Federal Constitution -"Act of Parliament means a law made by Parliament".
  - - - Yang di-Pertuan Agong
      - Ministers
      - Local Government Authorities (MBPJ, MPSJ)
    - - Main laws
      - Basic Laws
    - - Judicial Control
        
        Legislative Control
        
        Consultation
        
        Publication of Subsidiary Legislation
        
        Reference is made to professional bodies or experts
        
        Will delegated power
        
        Court have power to make judicial review
    - - Proclamation
      - Rule
      - Regulation
      - Order
      - Resolution
      - Notice
      - Rule of court
      - Approval of the council
- - - - English Common Law
      - Rules of Equity
    - - The body of rules developed by the old common law courts,
        
        Court of Exchequer, Court of Common Plea and Court of King's Bench.
    - - It is based on judicial assessment of fairness as opposed to the strict and rigid rule of common law.
    - - Section 3(1)
        
        Provides that English Common Law and Equity will be applicable subject to 2 restrictions
        
        There should not be no local law governing the particular issue
        
        Part of English law must be suitable to the local customs and circumstances of the people in Malaysia
      - Section 5(1)
        
        Introduces into Peninsula Malaysia principles of English commercial law as it stood on 7 April 1956 in the absence of local legislation
        
        In Penang, Malacca, Sabah and Sarawak
        
        there is still a continuing reception of English commercial law in the absence of local legislation
  - - - Legal reasoning.
    - - Additional illustration made by a judge.
    - - Decision of a superior court of law
        
        Doctrine of Stare Decisis
  - - - Hindu Customary Law
        
        Polygamous marriage
      - Orang Asli Customary Law
      - Chinese Customary Law
        
        Kapitan China
      - Native Customary Law
      - Malay Customary Law
        
        Adat Perpatih & Adat Temenggung
      - 5 courts in Sabah
      - 3 courts in Sarawak