SOURCES OF MALAYSIAN LAW
WRITTEN LAW
UNWRITTEN LAW
The Federal Constitution
The State Constitutions
Legislation
Subsidiary Legislation
English Law
Judicial Precedents
Islamic Law
Customary Law
⚫ The highest law of the land.
⚫ Have 3 bodies : legislative, executive and judicial.
⚫ Provides the basic rights of individuals.
🔴 Every state in Malaysia has its own constitutions
⚫ Have relationship between Federal Government and State Government.
🔴 It contains provisions to regulate the state government.
⚫ Also known as delegated legislation.
⚫ Refers to rules and regulations enacted by authority under powers conferred on it by a statue
🔴 Refers to laws enacted by bodies constituted.
🔴 Enacted by Parliament and State Legislative.
⚫ Can be found in the English common law, rules of equity and statue of general application.
⚫ Developed from judicial decision pf common law courts
🔴e: When making decisions, judges do not make them arbitrarily.
🔴 It is based on the doctrine of binding
🔴 Two types of judicial precedent : declaratory precedents and original precedent.
🔴 Formal religion of the Federation.
🔴 Enforced by the shariah courts.
🔴 Posses civil & criminal jurisdiction
⚫ Can be found in the customs of the local inhabitants
⚫ Only custom which recognized and enforced by the court is accepted.
⚫ Application of customary law in west Malaysia.