Sources of Malaysian legal system Essay
The word ‘source’ has several meanings which includes historical sources and legal sources. A historical source is the factor that has influenced the development of the law although they are not recognized as law. For example religious beliefs, local customs and opinion of jurists. While legal sources is legal rules that make up the law. Can be classified into written and unwritten. Sources of law can be found from statues, law reports and text books. Sources of law can be classified into two that is written and unwritten law.
Written law is the most important source of law. It refers to that portion of Malaysian law which includes the federal and state constitution, legislation enacted by parliament and state assemblies and subsidiary legislation. In other word, written law is normally referred to as statutory law or statutes and they are usually laid down in a country’s constitution by the parliament. Typically, statutes that are made by parliaments of lower jurisdiction can be overruled by those of a much larger jurisdiction.
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 is a portion of Malaysian law which is not written. In example law which is not being enacted by Parliament or the State Constitution can be found in English law, judicial precedent, superior courts, and customs.