English Law
English common law and the rules of equity from part of the law of Malaysia.
I was reading about some of the extent of the application of the English common law as applied in Malaysia.
Any opinioins with sources?
First of all as i know we are following UK 's english common law and other bits and pieces i read around google.
As i read from wiki i found out that theres very minimal information on this topic.
Could anybody practicing law help me with this? I am actually researching thing for my law presentation sources i used: http://en.wikipedia.org/wiki/Law_of_Malaysia#Common_law http://www.wordiq.com/definition/Common_law
Note #1: please refrain from saying anything at all as any kind of improper/unrelated postings. This is a serious discussion thread about Malaysian Common Law.
Note #2: If u have nothing constructive to say please move on to a topic of your interest to post and not flame here. Thanks. | Basically, the importation of ECL is governed under section 3 of Civil Law Act (CLA) 1956.
We dont directly apply ECL nowadays becoz CLA provides the cut-off date of ECL that can be imported to Msia.
Laws applied in England b4 the cut off date can be applied in Msia subject to its suitability with 'local circumstances '...
All these are provided in section 3 of CLA.
For Laws of England passed after the cut off date, it is only persuasive to our courts. There is a speech by the previous Chief Justice that calls for our courts to develop our own common law, instead of relying to English law. Bt this is hard to achieve becoz many of our lawyers and judges are english educated or rely too much in english authorities...
In fact, aside from english law, we also apply laws from other countries as well. eg, our National Land Code is from australia.
btw, ur research is under wut topic? | QUOTE(Nidz @ Nov 10 2010, 10:41 PM)For Laws of England passed after the cut off date, it is only persuasive to our courts. There is a speech by the
I was reading about some of the extent of the application of the English common law as applied in Malaysia.
Any opinioins with sources?
First of all as i know we are following UK 's english common law and other bits and pieces i read around google.
As i read from wiki i found out that theres very minimal information on this topic.
Could anybody practicing law help me with this? I am actually researching thing for my law presentation sources i used: http://en.wikipedia.org/wiki/Law_of_Malaysia#Common_law http://www.wordiq.com/definition/Common_law
Note #1: please refrain from saying anything at all as any kind of improper/unrelated postings. This is a serious discussion thread about Malaysian Common Law.
Note #2: If u have nothing constructive to say please move on to a topic of your interest to post and not flame here. Thanks. | Basically, the importation of ECL is governed under section 3 of Civil Law Act (CLA) 1956.
We dont directly apply ECL nowadays becoz CLA provides the cut-off date of ECL that can be imported to Msia.
Laws applied in England b4 the cut off date can be applied in Msia subject to its suitability with 'local circumstances '...
All these are provided in section 3 of CLA.
For Laws of England passed after the cut off date, it is only persuasive to our courts. There is a speech by the previous Chief Justice that calls for our courts to develop our own common law, instead of relying to English law. Bt this is hard to achieve becoz many of our lawyers and judges are english educated or rely too much in english authorities...
In fact, aside from english law, we also apply laws from other countries as well. eg, our National Land Code is from australia.
btw, ur research is under wut topic? | QUOTE(Nidz @ Nov 10 2010, 10:41 PM)For Laws of England passed after the cut off date, it is only persuasive to our courts. There is a speech by the
Bibliography: 1) Wan Arfah Hamzah & Ramly Bulan. 1995. Malaysia Legal System.2 nd Edition.KualaLumpur: Dewan Bahasa dan Pustaka.2) Wu Min Aun . 2000. The Malaysian Legal System. 2 nd