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Source of Malaysia Law: Written Law

The document summarizes the sources of written law in Malaysia. It states that written laws are those codified in the Federal and State Constitutions. The key sources of written law are the Federal Constitution, State Constitutions, legislation passed by Parliament and State Legislative Assemblies, and subsidiary legislation. Subsidiary legislation provides additional rules and regulations to implement acts and address everyday matters not covered by broader legislation.

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36 views6 pages

Source of Malaysia Law: Written Law

The document summarizes the sources of written law in Malaysia. It states that written laws are those codified in the Federal and State Constitutions. The key sources of written law are the Federal Constitution, State Constitutions, legislation passed by Parliament and State Legislative Assemblies, and subsidiary legislation. Subsidiary legislation provides additional rules and regulations to implement acts and address everyday matters not covered by broader legislation.

Uploaded by

amiruddin
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Source of

Malaysia Law:
Written Law

KAMAROZAMAN NORMAN 2021749871

MUHAMMAD FAQIH BIN MOHAMAD SUKRI 2021159543

A’IN FATIN NAJIHAH AKMAT 2020678488

NUR SHAFIKA ALIA BINTI HUSSIN 2020278338

NUR AIN BINTI AWANG @ MAT SALLEH 2020284442


DEFINITION OF WRITTEN LAW:

● Written laws are laws that have been codified or recognized by


the Federal and State Constitution
● The written laws are much influenced by English laws as the
Malaysian legal system retains many characteristics of the
English legal system.
● The Written law includes the Federal Constitution, State
Constitutions, Legislation and Subsidiary legislation.
SOURCE OF WRITTEN LAW

● The Federal Constitution


● The State Constitution
● Legislation
● Subsidiary Legislation
1.FEDERAL AND STATE CONSTITUTION
● Federal constitution
- The Federal Constitution enshrines the basic or the fundamental rights of
individuals.
- Any other law or any state constitution must not contravene or inconsistent
with any provision under Federal Constitution
- The inconsistent provision may be declared to be ultra vires to the Federal
Constitution and void
- This Constitution can be only amended by ⅔ majority of total 222 members of
legislature (Dewan Rakyat)

● State Constitution
-There are also Constitutions of the 13 States comprising the Federation,
which forms part of written law in Malaysia.
-Some of these provisions include matters concerning the Ruler, the
Executive Council, the Legislature, etc.
2. FEDERAL AND STATE LEGISLATION

● Legislation refers to law enacted by a body constituted for this purpose.

● In Malaysia, laws are legislated by the Parliament at the Federal level


and by various State Legislative Assemblies at the state level.

● Laws that are enacted by the Parliament after 1946 but before
Malaysia’s Independence in 1957 are called Ordinance, but those made
after 1957 are called Acts.

● On the other hand, laws made by the State Legislative Assemblies


(except Sarawak) are called Enactments. The laws in Sarawak are called
Ordinances.
3. SUBSIDIARY LEGISLATION

● Interpretation Act 1948 and 1967:


Subsidiary Legislation means any proclamation, rule, regulation, order,
notification, or other instrument made under any Ordinance,
enactment or other lawful authority and having legislative effect

● Subsidiary Legislation is very important as legislation by the Parliament


and the State Legislatures is insufficient to provide the laws required to
govern every day matters.

● Subsidiary legislation deals with the details about which legislature has
neither the time nor the technical knowledge to enact laws.

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