SOURCES OF MALAYSIAN LAW
SOURCES OF MALAYSIAN LAW
1.
INTRODUCTION
Sources of Malaysian law are from written law and
unwritten law.
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.
The Federal Constitution is the supreme law of the land by virtue of
Article 4(1) of the said Constitution. On that count, Article 4 goes on to
state that any laws passed after Merdeka Day which are inconsistent with the
Constitution shall to the extent of inconsistency is void.
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Law
make by legislation body (Parliament or State Legislative Assembly) is called
Legislation. However, Legislation also gives their power to certain bodies to
make law and the law make by them is called subsidiary legislation.
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Statutory interpretation concerns the role of judges
when trying to apply an Act of Parliament to an actual case. The wording of the
Act may seem to be clear when it is drafted and checked by Parliament, but it
may become problematic in the future.
STATUTORY INTERPRETATION
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.
UNWRITTEN LAW
1.3
Islamic Law
Islamic law also one the sources however, the
application is limited in the Syariah Courts.
ISLAMIC LAW
SOURCES OF MALAYSIAN LAW
Reviewed by Kamaruddin Mahmood
on
1:17:00 PG
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