Please enable JavaScript.
Coggle requires JavaScript to display documents.
LU1 Part 1: Malaysian Legal System - Coggle Diagram
LU1 Part 1: Malaysian Legal System
Definition:
The system of rules which particular country/community recognizes as
regulating the action of its members
and which it may
enforce by the imposition of penalties
.
Function:
Promoting social justice
Facilitate orderly change
Shaping moral standards
Provide a basis for compromise
Keep peace in a country
Help to facilitate a plan
Legislation
A process of making/enacting laws
An Act must passed by both
senate
and
House of Representative
to become a Bill
A Bill will be final proposal of a law
Difference between
ACT
and
REGULATION
1.Act
Acts are enforced by legislative bodies
When a law is passed by the legislature, it is entitled as an Act
Acts are published as a single document and are available to the public
Regulation
Regulations are enacted by subsidiary bodies
Regulation is a smaller set of rules that work accordingly with the acts for clarification
Regulations are not passed before the Parliament houses and publish in the government gazette.
Difference between
ACT
and
CODE
1.Act
Instrument/document that stating something done to carry out function in particular way
Perform specific duties/roles/functions
A formal decision, law, etc. made by legislature, ruler, court or other authority
2.Code
Enforced by local government for protection of public health, safety, etc.
Systematically arranged collection/compendium of laws, rules or regulations and any set of standards set forth
Difference between
ACT
and
POLICY
1.Act
If Bill pass the Parliament Houses and approved by the President, it'll becomes an Act.
When Act is implemented and people follow the obligations, it'll becomes a Law.
A law commonly followed by penalty.
2.Policy
A viewpoint which not necessarily subjected to legislation.
People may/may not follow a policy due to it is an informal way of principles.
Classification of Law
2.International Law - between one state + another state
Laws prevail between States :
Public International Law
Deals with issues regarding private relationships across national borders :
Private International Law
3.Private Law - between citizen + citizen
family law
trusts
tort
contract
law of property
1.Public Law - between citizens + state
Constitutional Law: individual’s rights in the state
Criminal Law: a person who found guilty will be punished due to offensive actions against the State
Administrative Law: regulate duties + power exercise
Sources of Malaysian Law
2.Unwritten
Principles of English Law
Customs
Judicial decisions
Islamic Law
Equity
Mercantile Law English Commercial Law
3.Islamic
Applied to all Muslims
Particularly related to marriage, divorce and inheritance
Administer by Syariah Court of states except KL and Labuan.
Implement
civil jurisdiction
between 2 parties and
limited criminal jurisdiction
for Muslims against religion.
1.Written
Federal Constitution
Legislation
Subsidiary legislations
The State Constitution