SOURCES OF MALAYSIAN LAW
1. INTRODUCTION
Sources of Malaysian law are from written law and
unwritten law. Islamic law also one the sources however, the application is
limited in the Syariah Courts.
1.1 Written
Law
Written
law refers to the law embodied in the Federal and State Constitutions and in a
code or a statute, including subsidiary or delegated legislation. It can be found in writing and have undergone
the process of law making by the legislative body
Legislative
body in Malaysia can be divided into two: The Parliament for federal government
and State Legislative Assembly for state government.
Parliament
and State Legislature have to enact laws according to provisions in the Federal
Constitution
•
List I of the ninth
Schedule for Parliament
•
List II for State
•
List III - concurrent
1.2
Unwritten law
Unwritten
law is laws which are not the result of formal law making process. The law is
not going through a legislative body, ie: Parliament or State Legislative
Assembly. Not necessarily ‘unwritten’ - law which existed and practiced under
the sanction of other specific law.
SOURCES OF MALAYSIAN LAW
Reviewed by Kamaruddin Mahmood
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