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Topic 1: Introduction To Law and The Malaysian Legal System

The document provides an introduction to Malaysian law, including the concept of law, classification of law, and sources of Malaysian law. It discusses how law is defined as rules enforced by the state. It outlines the main sources of law in Malaysia, including the Federal Constitution, state constitutions, legislation passed by federal and state parliaments, judicial precedents, and customary law. The document also discusses the separation of powers between the legislature, executive, and judiciary branches of government in Malaysia.

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Shaun Lew
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43 views14 pages

Topic 1: Introduction To Law and The Malaysian Legal System

The document provides an introduction to Malaysian law, including the concept of law, classification of law, and sources of Malaysian law. It discusses how law is defined as rules enforced by the state. It outlines the main sources of law in Malaysia, including the Federal Constitution, state constitutions, legislation passed by federal and state parliaments, judicial precedents, and customary law. The document also discusses the separation of powers between the legislature, executive, and judiciary branches of government in Malaysia.

Uploaded by

Shaun Lew
Copyright
© © All Rights Reserved
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
Download as pptx, pdf, or txt
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TOPIC 1

INTRODUCTION TO LAW AND THE MALAYSIAN LEGAL SYSTEM


Course Outline
• The concept of law
• Classification of law
• The sources of Malaysian Law
• The doctrine of judicial precedent
• Citation of cases and statutes
3

Introduction
• What is Law?
▫ Law may be defined as a body of RULES which are
ENFORCED by the STATE
▫ John Austin in his book “The Province of Jurisprudence
Determined” defined law as a command set by a
superior being to an inferior being enforced by
sanctions (punishment)
 Superior being – The State
 Inferior being – The individual
 Sanctions – Imprisonment, fines, damages,
injunctions or specific performance
The concept of law
• Oxford dictionary – ‘the body of enacted or
customary rules recognized by a community as
binding’
• The aim of law is to attain justice in society
• Justice is an abstract idea of right and wrong,
fairness and equity
• Therefore, the aim of a given law is to encourage
the doing of what is right or just in a particular set
of circumstances.
5

Law, The State and The


Constitution
LAW IN MALAYSIA
Malaysia, which consists
of Peninsular Malaysia,
Sabah and Sarawak is
one political unit, but is
NOT governed by the
same set of laws
Malaysian Law

Public Law Private Law

Constitutional & Administrative Law Criminal Law

Property Law Family Law Company Law Contract Law Tort


The Sources of Malaysian Law
• Means the legal rules that make up the law in
Malaysia.
• Places where the law can be found.
• The role of Parliament – to make laws of the
country
The Sources of Malaysian Law
Malaysian Law

Written Unwritten Law Islamic Law

Federal State English Judicial Customs


Constitution Constitution Law Precedents

Legislation Common Law Equity

Subsidiary Legislation
9
10

Sources of Law
In conclusion, the main sources are :

◦ The Federal Constitution


◦ The 13 Constitutions of the State
◦ Federal Laws made by Parliament
◦ State Laws made by the State Assemblies
◦ Federal and State subsidiary legislation (delegated legislation)
◦ Judicial decisions of the Superior Courts (Common
law/judge-made laws)
◦ Principles of English Law suitable to local circumstances
◦ Custom
◦ Islamic Law – applicable only to Muslims
11

The separation of powers


• Montesquieu described the separation of powers
among:
▫ Legislature
 Parliament
 Makes the laws
▫ Executive
 Executes the laws made by Parliament
 Runs the country
▫ Judiciary
 Interpret the laws
 Ensure that other branches do not abuse their powers
12

The separation of powers


• To prevent one branch from becoming supreme
• Checks and balances
13

Citation of Cases and Statutes


• A case is normally cited in support of a legal
proposition and this is done by quoting the name,
date, volume number and first page of the report
Tan Bing Hock v Abu Samah [1968] 2 MLJ 221
• Plaintiff – Tan Bing Hock
• Defendant – Abu Samah
• Reported in the Malayan Law Journal of 1968,
Volume 2 at page 221
• Act of Parliament – Hire-Purchase Act 1967
14

Q&A

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