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Introduction to Malaysian Legal System
21
Transcript
"A rule of action to which men are obliged to make their conduct comfortable, a command, enforced by some sanction, to act or forbearance of a class"
What
is law?
English Law
Consists of two elements :
- Commercial Law
- English Land Law
English Law :
Common Law
Law of Equity
Enforcement of Law
Public Law
Constitutional law
Administrative law
Criminal law
Private Law
Contract Law
Tort Law
Trusts Law
Family Law
Company Law
Property Law
Ministry of Home Affairs has seven agencies:
Royal Malaysian Police (PDRM)
National Anti-Drugs Agency (AADK)
- Malaysian Prison Department
- Malaysian Civil Defence Department (JPAM)
- Immigration Department of Malaysia
- Registrar of Societies (JPPM)National Registration Department (JPN)
Malaysian Armed Forces is comprised of three branches:
Malaysian Army
Royal Malaysian Navy (TLDM)
- Royal Malaysian Airforce (TUDM)
International Law
Public International Law
Private International Law
By :
Nuuril Amni binti Rahaimi 1116706
Nurul Syahirah binti Mohd Zawawi 1113884
Nur Anis Amila Mohamad 1112934
Balqis Nabilah binti Mohamad Najib 1112090
Liyana binti Muhammad Jamal 1119044
Classification
of Law
Introduction to the Malaysian Legal System
Separation of powers
legal sources/rules that make up the law in Malaysia
Sources of Law
Malaysian law can be classified into written and unwritten law as well as Islamic law.
a) Written law
Most important source of law
can be found in :
i.Federal Constitution – supreme law of the land
ii.State Constitution – all the 13 states comprising the federation have individual constitutions which provide for a single chamber legislative Assembly in each state.
iii.Legislation – law made by a person or body which has the power to make law.
iv.Subsidiary Legislation – also known as subordinate legislation or delegated legislation
EXECUTIVE
- Governed and policed the law
- Yang di-Pertuan Agong is the ceremonial executive
- Cabinet appointed by the YDPA – in the advice of Prime Minister
- consists of ministers who are required by the Constitution to be members of either House of Parliament
b) Unwritten law
portion of Malaysian law which is not written, i.e. law which is not being enacted by Parliament or the State Assemblies and which is not found in the written Federal and State Constitution.
can be found in:
i.English law – forms part of the laws in Malaysia and can be found in the English common law and rules of equity. However, not all of England’s common law and rules of equity form part of Malaysian law.
ii.Judicial Precedent ( Common law) – law laid down by judges sitting in Superior Courts as distinct from statute law enacted by the legislature.
iii.Customs – customs relating to family law ( marriage, divorce, inheritance) are given legal force by the courts in Malaysia.
LEGISLATIVE
- Responsible to enact laws
- Cannot interfere the administration carried out by the Executive
- Parliament – place where law will be enacted & the voice of the people will be heard through their representative
- The Cabinet controls Parliament through its majority
JUDICIARY
- Enforced the laws made by Legislative
- “independent” of the Executive and Legislative arms
- No member of the Executive or the Parliament can hold judicial office & vice versa
- Has the power to declare invalid any law or executive act
- Limit the power possess by each “governing body”
- SOP not being practiced strictly.
- overlapping power of the Executive & the Legislative
- the Cabinet of Malaysia (executive) is also the members of Parliament (legislation)Tendency of ratifying an ultra
- Tendency of ratifying an ultra vires action done by the executive may exist