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Malaysian Legal System : The History - Coggle Diagram
Malaysian Legal System : The History
Early Legal System
Definition
“The
system of rules
which a particular country or community recognizes as
regulating the actions of its members
and
which it may enforce by the imposition of penalties”.
Function
rules that bind all people living in a community
Legislation
Definition: “The process of making or enacting laws”.
Laws are written by legislators, such as senators or congressmen
What's the difference between an act and policy?Era
An Act is a piece of legislation where its the base for forming a law
A policy is a viewpoint which need not be subject to legislation
Classification of law
Public law
Regulates the
relationship
between the
citizens
and
the State
Constitutional law
deals with the
rights of the individuals
in the State
Administrative law
regulates
duties and exercise
of powers by administrative authorities
Criminal law
codifies various offences committed by individuals against the State;
deals with the
punishment
of those who found guilty.
Private law
Deals with the relationship between a citizen and another i.e., matters that deal with the rights and duties of individuals amongst themselves e.g. contract, tort, family law, company law, property law
International law
Regulates the relationship between
one state
and
another
.
Sources Of Malaysian Law
From (Which Country)
England
Inherited Political, legal and administrative system
United Kingdom
parliamentary democracy and has a constitutional monarchy,
India
Criminal Law
Australia
Land Law
Malaysian Law
Written Law (Most Important Source of Law)
Federal Constitution
the supreme law of the nation, Article 4(1)
State Constitution
consisting of the Constitutions of the 13 States comprising the Federation
Legislation
law enacted by the legislative bodies in Malaysia (Parliament and the State Assemblies
Acts of Parliament
Ordinances
Enactments
Subsidiary legislation
bodies under powers conferred on them by Acts of Parliaments or State Assemblies
Orders in Council
Rules and Regulations
By-laws
Statutory Instruments
Unwritten Law
English Law
Common Law
Equity
Judicial Decisions
Customs