Explain the Sources of Malaysian Legal System.
Explain the sources of Malaysian Legal System.
In different country, there are different types of legal system. Some county practices a the mixture of two or more legal systems which is known as mixed legal system while some country practices only one type of legal systems. Malaysia practices the mixed legal system which consists of the Customary Law, Islamic Law and Common Law. 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. In another word, Written Law refers to the law stated in the Federal Constitutions which is the supreme law of Malaysia and it enshrines the basic or fundamental rights of the individual. The Federal Constitutions also stipulates the “Yang di-Pertuan Agong” who owes his position to the Constitution and act according to it. If the total number of members of the legislature and there is two-thirds of majority of it, the Constitution can be change. The Federal Constitution consists of many Articles prepositioning religion of the federation, welfare of the aborigines and other connected subjects. Besides the Federal Constitution, every state has their own constitution controlling the government of that state which is known as the State Constitution. The provision comprises the Ruler, the Executive Council, the legislature and other related subjects like the Legislative Assembly, financial provisions, state employees, and amendment of the Constitution. Delegated Legislation is a legislation made by individual or bodies under powers given on them by Act of Parliament. It is important because the legislation made by Parliament and the state is not enough to give the laws needed to govern everyday matters. Another source of Malaysian legal system law is the Unwritten Law which consists
In different country, there are different types of legal system. Some county practices a the mixture of two or more legal systems which is known as mixed legal system while some country practices only one type of legal systems. Malaysia practices the mixed legal system which consists of the Customary Law, Islamic Law and Common Law. 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. In another word, Written Law refers to the law stated in the Federal Constitutions which is the supreme law of Malaysia and it enshrines the basic or fundamental rights of the individual. The Federal Constitutions also stipulates the “Yang di-Pertuan Agong” who owes his position to the Constitution and act according to it. If the total number of members of the legislature and there is two-thirds of majority of it, the Constitution can be change. The Federal Constitution consists of many Articles prepositioning religion of the federation, welfare of the aborigines and other connected subjects. Besides the Federal Constitution, every state has their own constitution controlling the government of that state which is known as the State Constitution. The provision comprises the Ruler, the Executive Council, the legislature and other related subjects like the Legislative Assembly, financial provisions, state employees, and amendment of the Constitution. Delegated Legislation is a legislation made by individual or bodies under powers given on them by Act of Parliament. It is important because the legislation made by Parliament and the state is not enough to give the laws needed to govern everyday matters. Another source of Malaysian legal system law is the Unwritten Law which consists