Malaysian Legal System

Page 1 of 10

Malaysian Legal System

By | October 2011
Page 1 of 10
FOOD SERVICE LAW (HTF 653)

INTRODUCTION TO MALAYSIAN LEGAL SYSTEM

Outline

 Introduction
 Classification of Law
 Sources of Malaysian Law
1. Written Law
2. Unwritten Law
 System of Precedent
 Hierarchy and Jurisdiction of Courts

INTRODUCTION

 Oxford English Dictionary defined “law” as “the body of enacted or customary rules recognized by a community as binding”.  Therefore, law = a body of rules which are enforced by a State.  Aim of law = to attain justice in society. Justice is an abstract idea of right or wrong.

CLASSIFICATION OF LAW

Classification of Law Public Law
Private Law
Constitutional Law
Criminal Law Administrative Law

Public Law

 Public Law = law which governs the relationship between individual and the State  Constitutional Law = law that contains the rights of the individual in the state. Deals with rights of citizens such as freedom of religion, freedom of speech etc.  Criminal Law = codifies various offences committed by the individual against the State.  Administrative Law = lays down the powers and duties of local authorities and provides the rules of accountability of public officials.

Private Law

 Private Law = concerned with matters that deals with the rights and duties of individuals among themselves.  Private law also known as civil law
 Private law aims at giving compensation to person injured, to enable property to be recovered from wrongdoers and to enforce obligations.

SOURCES OF MALAYSIAN LAW
Written Law

Federal & State Constitution

Subsidiary Legislation
Legislation
Sources of Malaysian Law

English Law

Islamic Law
Unwritten Law
Customs
Judicial Decisions of Superior Courts

 Sources = the legal rules that make up the law in Malaysia.

 Sources can be divided into written and unwritten law.

Written Law

The most...