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SOURCES OF
MALAYSIAN LAW - Coggle Diagram
SOURCES OF
MALAYSIAN LAW
Written Law
Federal Constitution
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establish organs of Federation (legislative body, executive body and judicial body)
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provides fundamental rights of individuals (freedom of speech, assembly and association)
State Constitution
each state in Malaysia has its own constitution which
contains provisions to regulate the state government
matters concerning the ruler, executive council, legislature, legislative assembly, state employees
Legislation
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State legislative assemblies- legislate law
at state level
Law made are called enactment for state except Sarawak
Law in Sarawak are called ordinances
Subsidiary legislation
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Also referred to as delegated legislation, subordinate
legislation, secondary legislation
refers to rules and regulations enacted by an authority under powers conferred on it by a statute (parent legislation)
Unwritten Law
English Law
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However, not all of English law applicable in Malaysia. The application is based on section 3 and 5 of the Civil Law Act
Judicial Precedents
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Types
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Original Precedent
if the case before the judge is without precedent,
then the decision has to be made based on
justice, equity and good conscience
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