...Introduction History of Unwritten Law Objective of Unwriten Law General Principle of Unwritten Law Element of Unwritten Law The Different between a Unwritten Law and Written Law Example of Unwritten Case UNWRITTEN LAW It is simply that portion of Malaysian law which is not written, i.e., law which is not being enacted by Parliament or State Assemblies and which is not found in the written Federal and State Constitutions. Unwritten law is found in cases decided by the courts, local customs, etc. Unwritten law comprises of the following. * English law The common law of England does apply in Malaysia. However, not all of England’s common law forms part of Malaysian Law. Section 3 (1) of the Civil Law Act 1956 ( Revised 1972) provides that, in Peninsular Malaysia, the courts shall apply the common law of England as well as equity as administered in England on April 1956. In the states of Sabah and Sarawak, the common law of England and the rules of equity together with the statutes of general application shall be applied However, the application of the English law throughout Malaysia is subject to two limitations: a) It is applied only in the absence of local statutes on the particular subjects. Local law takes precedence over English law as the latter is meant to fill the gaps (lacuna) in the local system. b) Only that part of the English law is suited to local circumstances will be applied. The provision to Section 3(1) of the Civil Law Act, 1956 is authority for...
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...Unwritten Law Unwritten laws are laws that are not enacted and not found in any constitution. It comprises of judicial decision of the superior courts, English law and customary law. Judicial decisions of the superior courts In Malaysia, judicial decisions of the superior courts are the High Court, Court of Appeal and the Federal Court. It is based on the hierarchical system known as stare decisis or the doctrine of binding judicial precedent. There are two types of precedents. Mandatory precedent is applied when the decisions of superior court are binding on lower courts or the superior courts are bound by their own decisions previously. However, the decisions of lower courts are not binding over superior courts. The lower courts must refer to the mandatory precedents of superior courts. However, judge of superior court will distinguish a case before him and the cases lying down the precedents and can decide not to follow the mandatory precedent if he thinks that the mandatory precedent is not related to the case before him. From this, an original precedent is formed. Persuasive precedent is a precedent which is useful or relevant to a case. It is not mandatory for the judges to apply persuasive precedent. Persuasive precedent may be binding on lower courts if judges of superior court choose to apply persuasive precedent. Precedents are the decisions made by judges previously in similar circumstances. It is generally recognized that judges do make law though not in the...
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...a) Sources of law is the authority from which the law derives their forces. It also can define as legal rules that make up the laws in Malaysia. The sources of law in Malaysia can be divided into two types, which are written laws and unwritten laws. Written law is the law that has been enacted by the legislature or constitutions while unwritten law is the law that has not been enacted by any legislature or constitutions. Written law consists of three sources, which is Federal and State Constitution, Federal and State Legislation, and Subsidiary Legislation. Firstly, Federal Constitution is the supreme law of the land of the country by virtue of Article 4 of said constitution; any laws passed after Merdeka Day which is inconsistent...
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...Unwritten law is simply that portion of Malaysian law which is not being enacted by Parliament or the State Assemblies and which is not found in the written Federal and State Constitutions. This category of law comes from cases decided by the Courts and the local customs, which is otherwise known as common law. The unwritten law mainly comprised of the English law, judicial decisions and custom law. English law forms part of the laws in Malaysia. English Law can be divided into two which are the English Commercial Law and English Land Law. In section 5(1) of the Civil Law Act 1956 provides that The English Commercial Law is applicable in Peninsular Malaysia except Penang and Malacca as it stood on 7 April 1956 in the absence of local legislation. On the other hand, Section 5(2) of the same act, applies in Penang, Malacca, Sabah and Sarawak as the law administered in these states will be the same as law administered in England, in the like case at corresponding period. As for the English Land Law, none of the English Land Law concerning the tenure, conveyance, assurance of or succession to any immovable property or any estate, right or interest therein applies in Malaysia. In Malaysia, National Land Code is the law that governs the land matters. There is no any allowance for English land law, except in so far the National Land Code might expressly provide. Approaching the judicial decision, judges do not decide arbitrarily. Instead, they are bound to follow certain accepted...
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...legal system. Nowadays, there are few types of legal systems such as civil law, common law, customary law, and mixed law systems. Some country practices one type of legal system and practices the mixed legal system. Malaysia for example, practices the mixed legal system which includes the Common Law, Customary Law and Islamic law. The sources of Malaysian Law can be separated into two different laws which are written and unwritten. Written law refers to the law that is contained in a formal document and which has been passed by a person or body that is authorised to do so. In Malaysia, written law consists of the Federal Constitutions, State Constitutions, Legislation and Subsidiary legislation. Unwritten law, refers to the law that has not been formally enacted. The unwritten law consists of Judicial precedents, Islamic law, Customary law and English common law. Written law, the Federal Constitution is the supreme law of the land. It is a written constitution. It stipulates the powers of the Federal and State level and provides for a democratic system of government. It also establishes a constitutional monarchy and entrenches fundamental liberties of the individual. To ensure that the Federal Constitution is not easily amended, a special majority of two-thirds of the total number of members of the legislature is required for an amendment. State Constitution is own by each of the 13 states of Malaysia. These contain provisions which are counted in the Eighth Schedule to the Federal...
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...------------------------------------------------- Article 160 of the Constitution of Malaysia From Wikipedia, the free encyclopedia | This article does not cite any references or sources. Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed. (June 2010) | Article 160 of the Constitution of Malaysia defines various terms used in the Constitution. It has an important impact on Islam in Malaysia and the Malay people due to its definition of a Malay person under clause 2. It took effect after August 31, 1957 ("Merdeka Day" or "Independence Day") in West Malaysia, and took effect in Singapore and East Malaysia when they merged withMalaya in 1963. The article no longer applies to Singapore, as it declared independence from Malaysia in 1965 (Singapore is also a secular state); however, it does affect the legal status of Malay Singaporeans when they enter Malaysia. ------------------------------------------------- Definition of a Malay[edit] The article defines a Malay as a Malaysian citizen born to a Malaysian citizen who professes to be a Muslim, habitually speaks the Malay language, adheres to Malay customs, and is domiciled in Malaysia or Singapore. As a result, Malay citizens who convert out of Islam are no longer considered Malay under the law. Hence, the Bumiputra privileges afforded to Malays under Article 153 of the Constitution, the New Economic Policy (NEP), etc. are forfeit for such converts. Likewise...
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...The laws of Malaysia can be classified into two types of laws, which are written law and unwritten law. Written laws are the Malaysia’s most important source of law. These written laws are made up of Federal Constitution, Acts of Parliament and Enactments, and subsidiary/delegated legislation. Unwritten laws are laws which are not enacted by the legislature (Parliament and State Assemblies) and not found in the constitution, both federal and state. This is known as the English common law and the rules of equity. In case, if there is no law governing a particular circumstance, Malaysian case law may apply. If there is no Malaysian case law, English case law can be applied in accordance with the Civil Law Act 1956 (Revised 1972) only in the absence of local statues on the particular subject matter. It is mean that the common law and the rules of equity can be modified and should not follow the same law as administered in England. Common law and the rules of equity can be developed and amended according to the local needs. S3(1) of the Civil Law Act 1956 statutorily provides that only the part of the English Law that is suited to the local circumstances are to be applied : I. West Malaysia - the English common law and the rules of equity and statues of general application in England as 1 December 1951. II. Sabah – the English common law and the rules of equity and statues of general application in England as at 1 December 1951. III. Sarawak – the English common law and...
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...net/administrative-law/essays/sources-of-the-malaysian-legal-system-administrative-law-essay.php Sources Of The Malaysian Legal System These essays have been written by students for you to use to help you with your studies. If you need your own custom law essay then we can help.... Get a quote for your own law essay... Share & Download Malaysia practices the mixed legal system which includes the Common Law, Islamic law and Customary Law. Malaysia’s legal system comprises laws which have arise from three significant periods in Malaysian history dating from the Malacca Sultanate, to the spread of Islam to Southeast Asia, and following the absorption into the indigenous culture of British colonial rule which introduced a constitutional government and the common law. 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. It refers to the laws contained in the Federal and State Constitutions and in a code or a statute. The written laws are much influenced by English laws as the Malaysian legal system retains many characteristics of the English legal system. The Written law includes the Federal Constitution, State Constitutions, Legislation and Subsidiary legislation. Malaysia is a Federation of thirteen States with a written constitution, the Federal Constitution, which is the supreme law of the country...
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...“The only source of law in Malaysia is the Federal Constitution” Do you agree? Discuss. State the relevant section and case law wherever relevant. Equity Equity Federal Constitution Federal Constitution Customs Customs Judicial Precedents Judicial Precedents English law English law State Constitutions State Constitutions Common law Common law Legislation Legislation Subsidiary Legislation Subsidiary Legislation According to the table above, we don't agree that the Federal Constitution is the only source of law in Malaysia. State constitution The constitution is the Supreme Law of Malaysia. Federal constitution is the highest law of the land. Besides the Federal constitution, which applies to all states in the Federation. Each state also possesses its own constitution regulating the government of that state. The state constitution contains provisions which are enumerated in the Eighth Schedule to the Federal constitution. Some of these provisions include matters concerning the Ruler, the Executive Council, the Legislature, the legislative Assembly, financial provisions, State employees, and amendment to the Constitution. If such essential provisions are missing, or if any provision is inconsistent with them, Parliament may make provision to give effect to them or to remove any inconsistencies, as the case may be ---Article 71, Federal constitution (Lee&Ivan, 2014). English law English law is used as a sources of law which was provided...
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...Introduction History of Unwritten Law Objective of Unwriten Law General Principle of Unwritten Law Element of Unwritten Law The Different between a Unwritten Law and Written Law Example of Unwritten Case UNWRITTEN LAW It is simply that portion of Malaysian law which is not written, i.e., law which is not being enacted by Parliament or State Assemblies and which is not found in the written Federal and State Constitutions. Unwritten law is found in cases decided by the courts, local customs, etc. Unwritten law comprises of the following. * English law The common law of England does apply in Malaysia. However, not all of England’s common law forms part of Malaysian Law. Section 3 (1) of the Civil Law Act 1956 ( Revised 1972) provides that, in Peninsular Malaysia, the courts shall apply the common law of England as well as equity as administered in England on April 1956. In the states of Sabah and Sarawak, the common law of England and the rules of equity together with the statutes of general application shall be applied However, the application of the English law throughout Malaysia is subject to two limitations: a) It is applied only in the absence of local statutes on the particular subjects. Local law takes precedence over English law as the latter is meant to fill the gaps (lacuna) in the local system. b) Only that part of the English law is suited to local circumstances will be applied. The provision to Section 3(1) of the Civil Law Act, 1956 is authority for...
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...Multiracial Societies in Malaysia A society is a body of individuals living as members of a community A multiracial society refers to a society that consists of various groups of races or ethnicities but under one leadership.Malaysia is a multiple races and cultural country. The very first race that stay in this land were indigenous tribes also known as Orang Asli that still remains; Malay is the next, who moved from mainland Asia in long time ago. The Chinese and India culture was bring in during early 19 century when they start to trade and doing business between them and Malaya at straits of Malacca. Each major religious group has its major holidays such as "Hari Raya Adilfiltri", "Hari Raya Cina" and "Hari Deevapali". Hari Kebangsaan is the most universal holidays that celebrate by the whole Malaysian to celebrate the independent of Malaya back to 31 August 1957. Although festivals are differently from the different ethics, but they still celebrate together in Malaysia. This shows that Malaysian hold the One Malaysia spirit. Before the existence of the three main commiunities (Malay,Chinese and Indian), almost the entire population of Malaya consisted of Malays. In the early 19th century more than 90% of the population in the peninsular of Malaysia and Singapore were Malays. There were only a few number of Chinese who had come to Malaya as traders and settled down in Melacca, Kuala Terengganu, Johor River, Pahang River and Kelantan. Meanwhile, a small number of Indians...
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...SOURCES OF LAW 1.1 Classification of Law Law is a set of rules that control the human behaviours that is developed over a long period of time that regulates interaction that people have within one another. It is also a set of rules that humans have to follow and it set standards and conduct between *individual and individual* and *individual and the government* which is enforced by law through sanctioned. Public law Public law is a law which governs the relationship between individual and the state. Public law can be further divided into constitutional law and criminal law. - Constitutional law Body of law which defines the relationship of different entities within a state, namely, the executive, the legislature, and the judiciary. - Criminal Law It is a body of rules and statute that defines the conduct prohibited by the government. In Malaysia, the penal code is a main source of criminal law. It covers most criminal offenses and provides relevant penalties where relevant acts are breached .It actually codifies various acts committed by individual against the state such as murder, cheating, forgery , rape, and other criminal offenses. Common law A law that derive from case law (precedent) and statute. It is accusatorial with an emphasize remedies. It form a basic right of English law and it can be found in the U.S , other commonwealth nation including Australia, Canada, Singapore, New Zealand, parts of Africa , India and Pakistan. Malaysia derives their legal...
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...NIGERIA Country Description | Cultural * Major Languages: English (Official Language), Hausa, Igbo, Yoruba. * Religion: Christianity and Islam. * Nigeria is a multinational state. It has more than 500 ethnic groups.Administrative. * Nigeria has maintained its political stability successfully. * Three distinct systems of law in Nigeria: Common Law, Customary Law and Sharia law.Geographic * Nigeria is a costal country, so it has access to the shipping routes. * Inadequate infrastructures for logistics and supply chain.Economic * High potential for growth in economy. * Significant Difference in income levels between rich and poor. * Abundance of workforce. * Untapped market. | Relative Importance | With reference to Essential Business Requirement of COSTCO, we evaluated the significance of the four factors: * Culture *** | * Administrative **** | * Geographic **** | * Economic ** | {key: (****-Most significant) - (*- Least Significant)} | Business Challenges | * Culture * Nigeria has local informal retail shopping market. Significant difference in culture (high context). * Variety of people from different cultures, challenge to please each one. * Administrative * It has an inefficient property registration system. * Government has restrictive trade policies. * Geographic * Inadequate infrastructure. Difficult to reach out to rural customers. * Economic * Regional disparity affects target customers. * Presence of...
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...venture? a) Political structure: the government of Malaysia comprises the federal, state and local government. Malaysia is a federation of 13 states operating within a constitutional monarchy using the Westminster parliamentary system and is categorized as representative democracy. The federal government adopts the principle of separation of powers and has three branches: executive, legislature and judiciary. The state governments in Malaysia also have their respective executive and legislative bodies. The judicial system in Malaysia is a federalized court system operating uniformly throughout the country. The federal government of Malaysia adheres to and is created by the Federal Constitution of Malaysia, the supreme law of the land. b) Political parties: Malaysia has a number of parties in operation, while there is only one party holds the true power of the nation. c) Local government: local government of Malaysia is the lowest level in the government system. The local authority has the power to collect taxes, create rules and to grant licenses and permits for any trade in certain areas. d) Stability of government: Since has been introduced above, Malaysia is a one party dominated country, compared with other democratic countries, it has more stable policies (governing party never changes) and has predictable policy trends in the future. e) Summary analysis of domestic, foreign and international political environment: Malaysia is a well trade partner with Australia and has positive...
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...In English law if other than the promisee provide consideration, then the promise could not be enforce by the law. This problem usually may arise when third party involve. For example in the case of Price v Easton (1833), In this case X are doing work for Easton and Easton make a contract with X. In return for X services Easton would pay a price of $19 to Price. The work was done by X but Easton didn’t make any payment to Price and Price sue Easton. Court held that Price claim failed as he didn’t make any consideration. However under the Malaysia law third party of promise are allowed to provide consideration. Section 2(d) of contract Act 1950 define consideration as “when at the desire of the promisor, the promisee or any other person has done or abstained from doing, or does or abstains from doing, or promises to do or to abstain from doing, something such act or abstinence or promise is called a consideration for the promise”. For example in the case of Kerpa Singh v Bariam Singh [1966], The defendant own RM8,869.94. In order to settle the debt the defendant son offer a cheque to plaintiff RM4,000 in full settlement for his father debt. The plaintiffs cash the cheque and demand for the balance of the debt. The federal court ruled that as the plaintiff cash the cheque. It is consider that the plaintiff has acceptance the defendant son offer in full satisfaction preclude the plaintiff to claim the balance of the debt. This means that, for an agreement to be binding...
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