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:
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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 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...I believe the reason was Malaysia didn't have the groundwork for its own common laws, because many records were lost and fragmented.
http://www.thesundaily.com/article.cfm?id=53180QUOTENasharudin had asked that after 53 years of independence, doesn’t the government think that it was time to abolish the English common law through the Civil Law Act 1956 to which Minister in the Prime Minister’s Department Datuk Seri Nazri Aziz answered in the negative.
He told Nasharudin that the act allows Malaysia to apply English common law where "there is no provision in our laws" and whenever the relevant English common law "is suitable for use in the local context".
As no one from the government side stood up to ask the second supplementary question – probably also because the subject was not interesting enough, Speaker Tan Sri Pandikar Amin Mulia gave the opportunity to another opposition member, Saifuddin Nasution Ismail (PKR-Machang).
He asked for the de facto law minister’s comment on the possibility of extracting something amounting to a regional common law from the practices of such Malay empires as Srivijaya, Majapahit, Langkasuka and Malacca.
Nazri said it may be possible but it may be difficult to do away completely with the English common law and wondered whether there is a local alternative for such thing as contempt of court.
Here's a relevant article from The Star:
http://thestar.com.my/lifestyle/story.asp?...8&sec=lifefocusQUOTETuesday November 9, 2010 Limited use of English common law
ARTICLES OF LAW
By BHAG SINGH
Calls for abolishing English common law are unnecessary as its application is only in very limited circumstances which can be avoided.
WHAT is the English common law that we in Malaysia are...
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