This essay has been submitted by a law student. This is not an example of the work written by our professional essay writers. The sources of malaysian legal system. Sources of malaysian law written law. Malaysia is a federation of thirteen states with one written constitution. Of the federal constitution declares the constitution as the. Supreme law of the land. It is essential to stipulate the powers of the governments of federal and state level. Federal constitution enshrines the fundamental rights of the rights. Written law is the most important source of law. It refers to that portion of malaysian law which includes. The federal and state constitutions. It is the supreme law of the land. There are also constitutions of the thirteen states comprising the federation, which form part of written law in malaysia.
Discuss the legal system and the sources of law in malaysia legal system. In general, legal systems can be split between civil law and common law systems. Introduction to the malaysian legal system and sources of law by dr. Sharifah suhanah syed ahmad dr sharifah suhanah syed ahmad retired as an associate professor of the faculty of law, university of malaya, kuala lumpur, malaysia in october. Sources of law in malaysia 1. 1 classification of law 2. Classification of law la w public law privat e law internation al law relationship between individual and state relationship between states relationship between individuals crimin al law constitution al law privat e public contrac t law trust s.
introduction to the sources of law in malaysia by dr sharifah suhanah syed ahmad dr. Sharifah suhanah syed ahmad is associate professor at the faculty of law, university of malaya, kuala lumpur, malaysia. This law is found in cases, which have been decided by the courts and local customs. Unwritten law is mainly comprised of. English law forms part of the laws of malaysia. English law 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. In malaysia, parliament and legislative assemblies have powers to enact laws in their respective areas. Laws made by parliament may extend to the whole country. However, laws enacted by a state assembly only apply to that particular state only.
The sources of malaysian legal system law are from two different laws which are the written and unwritten law. 5in malaysian legal system, the most important source of law is the written law which comprises of the federal constitution, state constitutions, legislation and subsidiary legislation. Sources of law introduction to the malaysian legal system sources of law the sources of malaysian law refer to the legal sources i. The legal rules that make up the law in malaysia. Read this essay on sources of law in malaysia. Come browse our large digital warehouse of free sample essays. Get the knowledge you need in order to pass your classes and more.
Explain and state examples of the various sources of malaysian describe the functions of the following courts in malaysia i. Briefly describe and explain what is meant by the term. Inferior courts must follow and they cannot question the law made by higher courts customs. Governing laws in the particular. Source of malaysian law there are two sources that make up malaysian law which are written and unwritten law. Sources of written laws refers to. Federal constitution, the supreme law of malaysia. The federal of malaysia which is made up by 13 states with a written constitution, e. Johor, malaka, negeri sembilan, etc. This is the highest constitution of malaysia which enshrines the basic. Below is an essay on. Sources of written and unwritten law in malaysia. From anti essays, your source for research papers, essays, and term paper examples.