Premium Essay

Law in Malaysia

In: Other Topics

Submitted By farah93
Words 1666
Pages 7
REVISION MTC037 – INTRODUCTION TO LAW II
BY: ARIFF HAFIZI BIN MOHD RADZI
GROUP: LWA02E

Explain the features found in a Civil Law System and a Common Law System. (20 marks) Legal system is basically defined as a system for interpreting and enforcing the law. According to Wu Min Aun, a legal system is a framework of rules and institutions within a nation, regulating the individual’s relation with others and between the individuals and the government. Two most prevalent legal systems in the world are Civil Law System and Common Law System.

Firstly, common law is law that became common to the realm which developed in medieval England. It mainly uses evolving bodies of case (judge-made) precedents. Example of countries which applies this type of system is Australia, United Kingdom and India. On the other hands, the civil law carries the meaning of citizen law which said to be derived the word jus sivil (citizen law). It is mainly developed from Roman Law and Emperor’s Justinian’s Code. Countries which use this type of legal system are mainly located in the European continent, for example; France and Italy. This legal system uses codified (or statute) laws which comes from the parliament.

Basic feature of the common law system is that, its primary source is case law, neither statutes nor legislation. Legal principles from previous cases are applied to similar facts in later cases. On the other hand, civil law regards statutes/codes as its primary and only official sources. Law are codified, or placed into codes or statutes.

Other prominent difference is the role of the judges, in common law system, the judges have more influential role. They interpret the law and statutes. Their decision become precedent and thus, other judges are bound to follow it. Doctrine of Binding Precedent and adversarial system are applied in common law system along with equity.…...

Similar Documents

Premium Essay

Business Law & Ethics - River Pollution in Malaysia

...and discuss environmental issues and its’ challenges in Malaysia. Motivation According to the statistic from the River Division of Department of Irrigation and Drainage Malaysia (Cho, 2006), there are a total of 189 rivers in Malaysia which cover 57,300 kilometres in length with 89 rivers in Peninsular Malaysia, 22 rivers in Sarawak, and 78 rivers in Sabah. River is important to our life because it could serve as the source of transportation, recreation, food, and income. In fact, rivers provide 97 % of all the water used in Malaysia. However, some rivers have been identified as highly polluted and caused great negative impacts to human and livestock in the polluted areas. The reduction in river water quality is a clear indicator of the decline in the environmental health of a river basin too (Azwad, 2012). Since river pollution is highly concerned with our daily lives, I am motivated to look into the river pollution issues and its rehabilitation challenges in Malaysia. River Pollution Statistical Background in Malaysia River pollution is a serious problem in Malaysia and causes negative impacts on the sustainability of water resources. It reduces the total water availability considerably due to the high water treatment cost or the polluted waters are not treatable for consumption in some instances. Meanwhile, Department of Environment (DOE) Malaysia had classified Juru River, Penang as the most polluted river in Malaysia (SungaiJuru.com, 2011). It is shamed that the......

Words: 636 - Pages: 3

Premium Essay

English Law in Malaysia

...English Law (Common law) Common Law is a major part of many States, especially Commonwealth countries. The common law is based on the principle of deciding cases by reference to previous judicial decisions, rather than to written statutes drafted by legislative bodies. The decisions came from English Common Law courts and are essential case law made by English judges. It is based on tradition, past practices and legal precedents set by courts through interpretation of statues, legal legislation, and past rules. The existence on English Common Law assists judge to decide cases when Statute is not adequate to cover the situation. Section 5 of the Criminal Procedure Code states that English law shall be applied in cases where no specific legislation has been enacted. However, only the relevant part which is suited to the local needs and circumstances applies. Consequently not all English laws are applicable in Malaysia. This can be look at the formation of Malaysian law is not totally by English law indicating that not all English laws are applicable in Malaysia. The application of English Common law could be illustrated by the situation when there is no law governing by a particular circumstances, Malaysia case law can be applied. If there is no Malaysian case law, English case law can be applied. In the case “Commonwealth of Australia v. Midford (Malaysia) Sdn. Bhd”, it was held that the doctrine of sovereign or crown immunity which was developed in English Common Law......

Words: 267 - Pages: 2

Premium Essay

Consideration (Malaysia Law)

...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......

Words: 1043 - Pages: 5

Free Essay

Ecommerce Law in Malaysia

...Government. Hence, in order to protect the security of user in communication and multimedia industry, the Malaysia Government have enforce several Acts and regulatory framework. All the regulatory frameworks will be discuss further in this report. DISCUSSION. Malaysia was one of the earliest countries to introduce a specific set of laws covering the Internet. These laws known as Cyber Laws which enacted in 1997. The government include the Computer Crimes Act 1997, the Digital Signature Act 1997, and the Telemedicine Act 1997 in Cyber Laws. The Malaysian Communications and Multimedia Act 1998 or CMA was also enacted as the regulatory arm for the Ministry of Energy, Communications and Multimedia namely, the Communications and Multimedia Commission in 1998. This Commission purpose was to regulate communications and multimedia activities. The CMA provides for a regulatory framework to enhance the rapid growth of the communication and multimedia industry in Malaysia. The CMA also had been enacted to replace previous regulatory such as Broadcasting Act 1988 and the Telecommunications Act of 1950, which were repealed in 1999. In February 2001, the Communications and Multimedia Consumer Forum of Malaysia (CfM) was established in order to conduct the requirements of the Communications and Multimedia Act (CMA), 1998, Section 190. CfM is registered with the Registrar of Societies of Malaysia and it is an independent body comprising institutional members from the industry and civic......

Words: 1462 - Pages: 6

Premium Essay

Sources of Law in Malaysia

...[Please do not circulate or cite without permission] Written Constitutions and Unwritten Constitutionalism Mark D. Walters Faculty of Law Queen’s University February 2007 To Be Published In: Grant Huscroft (ed.), Expounding the Constitution: Essays in Constitutional Theory (Cambridge University Press, forthcoming) I. Introduction Defending the idea of ‘unwritten law’ has never been easy. Jeremy Bentham thought the very expression to be a ‘paradoxical and unmeaning epithet’.[1] In his view, social reform required ‘fixed and accurate’ laws—laws that ‘[w]e see, we hear, we touch; in short we handle…’[2] This empirical concept of law follows from the ideal of law as something produced by conscious acts of sovereign will. Central to this concept are, to use H.L.A. Hart’s expression, ‘rules of change’ that permit societies to escape the confines of ‘primitive’ custom.[3] The progressive march of legal theory, it may be said, has been away from medieval notions of law as customs practiced time out of mind or as the immutable dictates of natural law, away from the fiction that judges discover rather than make law, and towards modern notions of law as creative political acts recorded in writing. In terms of constitutional law, this march leads to the idea of written constitutionalism, a destination that the rebelling American colonists are often said to have reached first.[4] It was a task especially ‘reserved’ to the American people,......

Words: 14138 - Pages: 57

Free Essay

Malaysia

...Isu dan cabaran dalam pelaksanaan Rancangan Malaysia dan cadangan penambahbaikan Malaysia – A success story 2 Rancangan Malaya 9 Rancangan Malaysia Parliament Building (1963) National Mosque (1965) Federal Territory Mosque (2000) Malaysia Trade Centre (2006) Terengganu International Airport Terminal (2007) Kuala Lumpur International Airport (1998) SILK Kajang Interchange Sayong Bridge CIQ Complex, Johor (2007) Submarine Bay, Sepangar Bay, Kota Kinablu, Sabah We have progressed What do we want? Maximise value of investment Reference Model Competitive Tourism Highly respected SUSTAINABILITY Quality Environmental friendly Energy Efficiency Safety Issues, enablers and recommendations Issues 1. Clarity of outcomes 2. Strategic and integrated planning 3. Innovative Procurement 4. Life Cycle Costing Enablers 1. Human capital development 2. Construction technology 3. ICT Strategic map for improved project delivery in Malaysia Plans ONE MALAYSIA PEOPLE FIRST PERFORMANCE NOW Competitive Reference Model Sustainable Highly respected Safety Quality Tourism Clarity of outcome Strategic and integrated planning Innovative procurement Life Cycle Costing Enablers Human Capital Construction Technology ICT Cost and Impact vs time Impact/Cost Can make fundamental changes Effort not cost effective Less opportunity Consumes valuable time Influence Curve More......

Words: 740 - Pages: 3

Premium Essay

Malaysia Law

...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......

Words: 1390 - Pages: 6

Free Essay

Malaysia

...Datuk Seri Najib Abdul Razak , Prime Minister 3rd April 2009 unveiled a new concept- One Malaysia - as a guiding principle to build a united and progressive Malaysian nation in 21st century. The two paramount cardinal principles underlie in One Malaysia concept is to inculcate the sprit and values of togetherness and a sense of belonging among Malaysians, regardless of race ,religion and creed. Najib also reiterated that he will make sure that the future policies formulated by the government will be focused on people centric or people’s interest at heart. He urged Malaysians of all walks of life to admit and accept the reality that Malaysia is made up of plural society. There is no two way about it. Thus, he called all Malaysians to treat diversity in a plural society of Malaysia as a impetus to progress further to greater heights in future. Some of Najib’s new cabinet’s decisions recently reflect the spirit of One Malaysia. For an example, his cabinet decision on conversion issue. The rakyat, particularly the non-Muslim society who were looking forward to resolve many issues pertaining to conversion and lopsided policies felt joyous about the recent decision. His laudable and remarkable decisions on conversion marks the dawn of a better and greater Malaysia for all. His recent policies surely has potential to woo the confidence of the rakyat towards his government . Cabinet has made a ruling that a child must follow the religion practiced by the parents at the time......

Words: 824 - Pages: 4

Premium Essay

Malaysia

...A Trip to Malaysia Travelling is a sense of adventure that excites people, and also is a big chance for us to learn about other cultures and the way people live their lives. While many tourists travel to France, England or some famous countries in Europe, fewer travel to a small country in Asia. As someone who loves to explore and enjoy new things, 3 years ago in the summer, my boyfriend and I decided to backpack to Malaysia. It was a fantastic trip and an amazing experience for us that you should definitely try it. In this country, there are three destinations that travelers should not miss: the Petronas Twin Towers, Golden Triangle area, and The Genting Highland Park.   When we arrived into Kuala Lumpur, we headed straight to the Petronas Twin Towers, which are also known as the world’s tallest tower. They are an impressive icon of the capital of Malaysia that are visible from about everywhere in the city, and dominate the night sky. The Petronas Twin Towers are 1,483 feet tall, have 88 stories, and were completed in 1998. The architecture was very magnificent from the outside, especially at night, they look like ice sculptures. The most attractive architecture of the tower is that at the 41st and 42nd level, there is a skybridge connecting the two towers. The bridge is 170 meters above the ground, 58 meters long and weighs 750 tons. My boyfriend and I drove the high-speed lift that zooms up to the skybridge on the 41st floor; we walked across the skybridge to take some......

Words: 354 - Pages: 2

Premium Essay

The Source of Law in Malaysia

...“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......

Words: 748 - Pages: 3

Premium Essay

Malaysia

...but finally submit to democracy and peace. 2.0 Content Through the early history what lesson that we can learn?what does the meaning that in 1948 until 1960, it emergency to hold for Malaysia and Malaysians? The first lessons is the most important for Malaysians , it is we must cherish the stability and the peace that we had enjoy now. Through the early history, we must learn that never fail into the conflict like before.. If this kind of conflict happen again , it will cause the thing that we have today will be change to before. Nowadays, the young people in Malaysians may not really understand the meaning of peace that they know all along specifically for who haven’t see the war happen in front of them. The experienced that Malaysia face are not less than four episode of the severe wars and unrest in the last century such as the threat from the Communist Party of Malaya, the May 13 Ethnic Riots, the Japanese occupation and the Konfrontasi. War is take a horrible fee on lives, life and resources. They set us back many years and decades. Some of the country are never came back to normalcy. They burst and become less than the total of their original parts. However, some country become more powerful and harmony. Luckily, Malaysia are get caught this latter classification. The second lesson that we learn from the emergency era and the experience with the horrible at other area, it is horrible and the terrorists is not belong to any......

Words: 1188 - Pages: 5

Premium Essay

Malaysia

...The report has struck a chord internationally, and it has provided a yardstick against which standards of corporate governance are being measured. 1.7 Of significance, is the aspirational and evolutionary way in which codes influence the expectations of society, that are eventually reflected in the law. The attention generated on corporate governance issues has already had an impact on evolving judicial interpretations of directors’ duties. There is an increasing trend (internationally) to hold directors liable to a higher objective standard. The Australian case of Daniels v Anderson which deals with the tortuous duty of care owed by directors, is a clear instance of non-executive directors being increasingly held to an objective standard of care. ]The English case of Dorchester Finance v Stebbings4, is another such example. 1.8 The need for a code also results from economic forces and the need to reinvent the corporate enterprise, so as to efficiently meet emerging global competition. The world’s economies are tending towards market orientation. In market-oriented economies, companies are less protected by traditional and prescriptive legal rules and regulations. Malaysia is no exception and the shift to a full-disclosure regime, to be completed by the year 2001 is such an example. Hence there is the need for companies to be more efficient and well- managed than ever before to meet existing and anticipated world-wide competition. The role of directors then......

Words: 17068 - Pages: 69

Premium Essay

Renewable Energy Law of Malaysia

...of the enactment of this Act SCHEDULE 4 Bill Sustainable Energy Development Authority A BILL 5 i n t i t u l e d An Act to provide for the establishment of the Sustainable Energy Development Authority of Malaysia and to provide for its functions and powers and for related matters. [ ENACTED by the Parliament of Malaysia as follows: PART I PRELIMINARY ] Short title and commencement 1. (1) This Act may be cited as the Sustainable Energy Development Authority Act 2010. (2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette, and the Minister may appoint different dates— (a) for the coming into operation of this Act in different parts of Malaysia; (b) for the coming into operation of different provisions or Parts of this Act; and (c) for the coming into operation of different provisions of this Act in different parts of Malaysia. 6 Interpretation Bill 2. In this Act, unless the context otherwise requires— “Government Entity” includes any ministry, department, office, agency, authority, commission, committee, board, council or other body, corporate or unincorporate, of the Federal Government, or of any State Government or local government, whether established under written law or otherwise; “committee” means any committee established by the Authority under section 13; “Chief Executive Officer” means the Chief Executive Officer appointed under subsection 22(1) and includes an employee of the......

Words: 8456 - Pages: 34

Free Essay

Laws of Malaysia

...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......

Words: 773 - Pages: 4

Free Essay

Law of Malaysia

...The Federal Court of Malaysia is the highest judicial authority and the final court of appeal in Malaysia. The country, although federally constituted, has a single-structured judicial system consisting of two parts - the superior courts and the subordinate courts. The subordinate courts are the Magistrate Courts and the Sessions Courts while the superior courts are the two High Courts of co-ordinate jurisdiction and status, one forPeninsular Malaysia and the other for theStates of Sabah and Sarawak, the Court of Appeal and the Federal Court. The Federal Court, earlier known as the Supreme Court and renamed the Federal Court vide Act A885 effective from June 24, 1994, stands at the apex of this pyramid. There are generally two types of trials, criminal and civil. The hierarchy of courts begins from the Magistrates' Court, Sessions Court, High Court, Court of Appeal, and finally, the Federal Court. The jurisdiction of the courts in civil or criminal matters are contained in the Subordinate Courts Act 1948 and the Courts of Judicature Act 1964. Article 121 of the Constitution provides for two High Courts of coordinate jurisdiction, the High Court in Malaya, and the High Court in Sabah and Sarawak. Thus this creates two separate local jurisdiction of the courts for Peninsular Malaysia and for East Malaysia. The highest position in the judiciary of Malaysia is the Chief Justice of the Federal Court of Malaysia (also known as the Chief Justice of Malaysia), followed by the......

Words: 1143 - Pages: 5