Preview

law of malaysia

Good Essays
Open Document
Open Document
1166 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
law of malaysia
It is important that reseachers should understand that much of Malaysia’s history is related to Great Britain which established amongst the early colonies on the Malay Peninsula. Although the Dutch and Portuguese were the British, who had ruled Malaya for more than one hundred and fifty with just one short interruption of the World War II, left greater impact upon the law of the country. The legal history of Malaysian begins with the acquisition of Penang in 1786 and with the introduction of the Charters of Justice in 1807, 1826 and 1855.
The legal system of Malaysia was modeled after the English legal system which practices parliamentary democracy and is ruled by a Constitutional Monarchy, with His Majesty the Yang di-Pertuan Agong (the King) ceremonially as the Head of the country. The Yang di-Pertuan Agong is elected by the Conference of Rulers for a five-year term from amongst the hereditary Rulers of the nine states in the Federation which are ruled by Sultans. The states are Perlis, Kedah, Perak, Selangor, Negeri Sembilan, Johor, Pahang, Terengganu and Kelantan. In the other states, namely Melaka, Pulau Pinang, Sabah and Sarawak, the Head of State is the Yang di-Pertua Negeri or Governor of the State. The Yang di-Pertua Negeri is appointed by the Yang di-Pertuan Agong for a four-year term.
Legislative authority is the power to enact laws applicable to the Federation as a whole under Article 66(1) of Federal Constitution. At Federal level, the legislative power is vested in a bicameral Parliament headed by the Yang di-Pertuan Agong and comprises the Dewan Negara (House of Senate) and Dewan Rakyat (House of Representatives). The Dewan Negara has 70 members, of whom 44 are nominated by the Yang di-Pertuan Agong, and 26 elected by the State Legislative Assemblies. The Dewan Rakyat is fully elected and has 219 members. The duration of the life of each Parliament and State Legislatures is about five years and is split into one-year sessions, after which the

You May Also Find These Documents Helpful

  • Better Essays

    Japan Political System

    • 1501 Words
    • 7 Pages

    Legislative power is vested in the National Diet which consists of an upper house, named the House of Councillors, and a lower house, named the House of Representatives. The House of Councillors is composed of 242 members for 6-year term. The House of Representatives is the powerful house in National Diet and comprised of 480 members for 4-year term. The national Diet is designated as the highest organ of state power that the political responsibility is decided by elected…

    • 1501 Words
    • 7 Pages
    Better Essays
  • Good Essays

    Belgium Pestel

    • 746 Words
    • 3 Pages

    Bicameral parliament consist senate consisted of 71 seats (40 elected members by popular votes and 31 indirectly selected). There are three levels of the government; they are federal, regional and linguistic community. The government structure is quite complex.…

    • 746 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Executive power is vested in the Cabinet of Ministers is appointed by the Yang di-Pertuan Agong. The Yang di-Pertuan Agong of the appointment of the Prime Minister for the first time, members of the House of Representatives, presided over the cabinet. Prime number on whose behalf the members of the House of Representatives by the Minister of his…

    • 2279 Words
    • 10 Pages
    Powerful Essays
  • Powerful Essays

    The parliamentary system is a political system that the head of the government role and the head of the state role are both assigned to separate executive individuals. The Prime Minister is the chief executive the leader of the party, which gets the majority of the vote to the legislature but does not hold a fixed term. The separation of powers is very…

    • 1442 Words
    • 4 Pages
    Powerful Essays
  • Good Essays

    Besides that, there is an upper house and a lower house which has different powers respectively. In Malaysia, the upper house of the parliament of Malaysia is known as Dewan Negara. It consists of 70 senators which is appointed by Yang di-Pertuan Agong with the advice of the Prime Minister. They are responsible to initiate and amend the legislation, as long as it does not concern with the financial and fiscal matters. Any proposed legislation must first be approved by the Dewan Negara. The approved proposal will be sent to the King. If the King does not agree about what is written in the proposal, the proposal is sent back to Parliament with a list of suggested comments. But if the King approves the proposal, it will become a law when it is published in the Government Gazette.Lower house is known as Dewan Rakyat in Malaysia.On the other hand, the lower house commands more power compared to upper house. They are allowed to override the upper house in some ways. For example, they hold the control over budget and monetary laws. And, if the Prime Minister loses the confidence of the Dewan Rakyat, or when he does not seem to fit to hold that position anymore, or he fails to pass a budget, he must submit his resignation to the King. The lower house has the power to vote to dismiss the Prime Minister.…

    • 1255 Words
    • 6 Pages
    Good Essays
  • Better Essays

    In English law if other than the promisee provide consideration, then the promise could not be enforce by the law. This problem usually may arise when third party involve. For example in the case of Price v Easton (1833), In this case X are doing work for Easton and Easton make a contract with X. In return for X services Easton would pay a price of $19 to Price. The work was done by X but Easton didn’t make any payment to Price and Price sue Easton. Court held that Price claim failed as he didn’t make any consideration.…

    • 1043 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Law of Privity in Malaysia

    • 1265 Words
    • 6 Pages

    The doctrine of privity prevented a third party from enforcing a benefit in a contract made between other parties. This position has clearly been altered by the enactment of the Contract (Rights of Third Parties) Act 1999. Today, third parties are no longer denied the ability to enforce benefits conferred upon them by a contract between two or more parties.…

    • 1265 Words
    • 6 Pages
    Good Essays
  • Good Essays

    Subsection (1) applies to the states of West Malaysia which corresponds to the former Federated and Unfederated Malay States, while Subsection (2) applies to the former Strait Settlement colonies of Penang and Malacca, and also the Borneo States of Sabah and Sarawak. The difference between the two subsection is not limited for absolute application, but there is also an important substantive difference in that under subsection (1) for the states of west Malaysia other than Penang and Malacca, the law to be administered in England in the like case ‘at the date of the coming into force of this Act’. However, under subsection (2) for Penang, Malacca, Sabah and Sarawak, the law to be administered is the same as would be administered in England in the like cases ‘at the corresponding period’.…

    • 587 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Court System in Malaysia

    • 647 Words
    • 3 Pages

    The High Courts in Malaysia are the third-highest courts in the hierarchy of courts, after the Federal Court and the Court of Appeal. Article 121 of the Constitution of Malaysia provides that there shall be two High Courts of coordinate jurisdiction—the High Court in Malaya and the High Court in Sabah and Sarawak (before 1994, the High Court in Borneo). Before 1969, the High Court in Singapore was also part of the Malaysian courts system (see Law of Singapore).…

    • 647 Words
    • 3 Pages
    Good Essays
  • Good Essays

    In this system the executive and the legislature work in close cooperation. The members of the Council of Minister are also members of the legislature. In fact the Council of Ministers is drawn from legislature. The President Summons the legislature and gives his consent to the bills passed by the legislature to make them Acts. The bills passed by the legislature are in fact drafted and initiated by the Ministers. The President of India promulgates ordinance during the recess of the legislature. The ordinance has all the force and effect of law.…

    • 1421 Words
    • 6 Pages
    Good Essays
  • Good Essays

    Courts in Malaysia

    • 1374 Words
    • 6 Pages

    There are generally two types of trials, criminal and civil. The hierarchy of courts begins from the Magistrates’ Court, Sessions Court, High Court, Court of Appeal, and finally, the Federal Court. The jurisdiction of the courts in civil or criminal matters are contained in theSubordinate Courts Act 1948 and the Courts of Judicature Act 1964. Article 121 of the Constitution provides for two High Courts of coordinate jurisdiction, the High Court in Malaya, and the High Court in Sabah and Sarawak. Thus this creates two separate local jurisdiction of the courts – for Peninsular Malaysia and for East Malaysia. The highest position in the judiciary of Malaysia is the Chief Justice of the Federal Court of Malaysia (also known as the Chief Justice of Malaysia), followed by the President of the Court of Appeal, the Chief Judge of Malaya, and the Chief Judge of Sabah and Sarawak. The superior courts are the High Court, Court of Appeal, and the Federal Court, while the Magistrates’ Courts and the Sessions Courts are classified as subordinate courts.…

    • 1374 Words
    • 6 Pages
    Good Essays
  • Powerful Essays

    The President is the Head of State, elected by Members of Parliament for a term of five years extendable for another term; the current President's term began in September 2002. Executive power is vested in the Prime Minister, who selects and heads the Cabinet; the Cabinet is collectively responsible to Parliament. The President appoints the Prime Minister. The President's duties are generally ceremonial, as he/she must act in accordance with the advice of the Prime Minister.…

    • 7724 Words
    • 31 Pages
    Powerful Essays
  • Powerful Essays

    Malaysian Legal System

    • 1723 Words
    • 7 Pages

    Every citizen is protected under the Federal Constitution which entrenches certain ‘fundamental liberties’. In this context, explain what is meant by ‘fundamental liberties’ and state the main liberties so entrenched in the Federal Constitution.…

    • 1723 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    Malaysia Legal System

    • 3090 Words
    • 13 Pages

    Law is needed to ensure good conduct of people and peace in society. Therefore, government makes necessary laws whenever needed. Law is an obligatory rule of conduct. Government makes law to regulate the conduct of people in society. Law requires that people should behave well with fellow members in society and must abide by social and ethical rules together with legislative laws made by Parliament.…

    • 3090 Words
    • 13 Pages
    Good Essays
  • Good Essays

    Legislative

    • 582 Words
    • 3 Pages

    Administrative system in Malaysia nature of Doctrine is legislative power responsible for making laws, the executive power which governed and political and judicial power which enforced the laws made by the first branch and each section shall have the different tasks in the government.…

    • 582 Words
    • 3 Pages
    Good Essays