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MALAYSIAN
LEGAL SYSTEM - Coggle Diagram
MALAYSIAN
LEGAL SYSTEM
A) Definition of Law
Oxford English Dictionary – law is the body of enacted or customary rules recognized by community as binding.
“Rules established by a governing authority to institute and maintain orderly co-existence; any system of regulations to govern the conduct of the people of a community, society or nation”.
From written or unwritten. Every law is considered valid only if it is enforceable by the ruling power
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B) CLASSIFICATION OF LAW
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PRIVATE LAW
Affects the right and obligation of individual, families, businesses.
Intended to give compensation to person injured, to enable the property to be recovered etc.
C) SOURCES OF LAW
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- The most important source of law.
- Written law is referring to the law which is being enacted by the Parliament and State Legislative Assemblies and can be found in written Federal Constitution and State Constitution.
- It refers to the law embodied in the:
a) Federal Constitution
- Article 4- Federal Constitution is the supreme law of the land together with the State Constitutions comprising the Federation.
- All the articles/provisions in the State constitution, legislation and subsidiary legislation must be consistent with the Federal Constitution. (Principle of ultra vires)
- Can only be amended by a 2/3 majority in the Parliament.
- Consists of powers of both Federal and State Governments.
- Applies to all states in Malaysia
b) State Constitution
- Each State in the Federation is governed by its own constitution.
- Provide State Legislative assembly to make law (enactment)
- State government headed by Menteri Besar (with Sultan) and Ketua Menteri (No Sultan)
- There are some variations in the State Constitutions to cater for local peculiarities (habit) such as succession to the throne but the structure of government is largely similar
c) Legislation
- Legislations are laws enacted by Parliament and the respective State Assemblies (DUN) for each state in Malaysia.
- Parliament is given power to enact law pursuant to the Federal Constitution.
- State Assemblies are given power to enact law pursuant to the respective State Constitutions for each state.
- Both Parliament and State Assemblies must always enact laws in accordance with the Federal Constitution. Laws enacted against the wish of the Federal Constitution will not be enforceable.
- Law enacted by Parliament known as Acts and enacted by State Legislative Assemblies known as Enactments and Ordinances.
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