The law of malaysia is mainly based on the common law legal system this was a direct result of the colonisation of malaya, sarawak, and north borneo by britain between the early 19th century to 1960s the supreme law of the land—the constitution of malaysia—sets out the legal framework and rights of malaysian citizens. The malaysian legal system is based on english common law the sources of malaysian law means the legal rules that make the laws in malaysia, which can be classified into written and unwritten law written law is the most important source of law. An introduction to the malaysian legal system by wu min aun and a great selection of similar used, new and collectible books available now at abebookscom. Malaysian legal system 1 categorise of law:- contract law tort law criminal law constitution law property law trust law administrative law international law etc emphasised on the ‘general rule of conduct’ 2.
Malaysian land law is based on the australian torrens system the federal constitution is the supreme law of the land it provides the legal framework for the laws, legislation, courts, and other administrative aspects of the law. Level system of appeal, lost with the abolition of appeals to the privy council, and provided n c s a ry li f o th f d c u there are two high courts of co-ordinate jurisdiction and status: the high court of malaya for the states of peninsular malaysia andthehighcourtofsabahandsarawakfor the borneo states there is a chief judge that heads each high court.
The malaysian legal system is largely based on the british common law system as a result of the colonization of the country by the british in the 19th century to the 1960s the law system is known as the constitution of malaysia which lays down the legal framework to protect the citizens of the country. 3 the federal constitution of malaysia was craftedduringthebirthpangsofthenationin 1957 and provides the framework for malaysia’s modern legal system. Malaysian legal system (law 416) introduction when we speak of the law we usually imply the whole of the law, however it may have been formed, much of the malaysian law has been created out of the english customs, but a great part of the law has been created by statute ie act of parliament.
The superior courts – malaysian legal system hierarchy comprises the malaysian high court, the court of appeal, the federal court and the court of sarawak and sabah high court – the high court has general revisionary and supervisory jurisdiction over all subordinate courts and hears appeals related to criminal and civil cases from subordinate courts. The malaysian legal system: a tale of two courts yvonne tew georgetown university law center, [email protected] this paper can be downloaded free of charge from: this open-access article is brought to you by the georgetown law library posted with permission of the author. The malaysian legal system hierarchy is mainly centered despite federal constitution of malaysia the british common law has a great influence over this system and also the islamic law but to a lesser extent and no political interference is there in this system.
The answer is because the common law the doctrine of binding precedent or stare decisis is central to the english legal system, and to the legal systems that derived from it such as those of australia, canada and new zealand a precedent is a statement made of the law by a judge in deciding a case. The application of legal system varies from country to country and is largely shaped by the unique history of a particular country the malaysian legal system can be traced back to the british colonial rule and the knowledge of the legal history provides the foundation from which one can begin to understand and apply the principles of constitutional, administrative, and judicial law, among others. The sources of malaysian legal system law are from two different laws which are the written and unwritten law in 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.
Update: 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 2013 she continues to teach part-time at the university. A mixed legal system is a mixture of two or more legal system practised by some countries 20 malaysia's legal system different country practices different types of legal system some country practices one type of legal system while others practices the mixed legal system which means a combination of two or more legal systems. The legal system of malaysia was modeled after the english legal system which practices parliamentary democracy and is ruled by a constitutional monarchy, with his majesty the yang di-pertuan agong (the king) presiding ceremonially as the head of the country.