What is the sources of Malaysian law?

What is the sources of Malaysian law?

The Federal Constitution in Article 160(2) defines ‘law’ to include three sources:(i) written law, (ii) the common law and (iii) any custom having the force of law. This means that legislation, subsidiary legislation, judicial precedents and recognized customs are the “source of law” in Malaysia.

What are legal sources of law?

Sources of law are the origins of laws, the binding rules that enable any state to govern its territory. The term “source of law” may sometimes refer to the sovereign or to the seat of power from which the law derives its validity.

Why the written law is the most important sources of Malaysian law?

Written law is the most important source of law. It refers to the laws contained in the Federal and State Constitutions and in a code or a statute. The Parliament and State Legislatures are not supreme and so they have to enact laws subject to the provisions set out in the Federal and State Constitution.

What are the two main sources of law?

The main sources of law in India are: 1. The Constitution 2. Statutes 3. Customary law 4. Judicial decisions of superior courts.

• The Constitution.
• Statutes.
• Customary law.
• Judicial decisions of superior courts.

What are the sources of law in Kenya?

In Kenya, the laws have been derived from the Kenya National Constitution, the legislation i.e. parliamentary acts, subsidiary legislation, the substance of common law and the African customary law.

Where do we find the sources of law in Kenya?

Most of the laws in Kenya emanate from an act of Parliament. These are introduced into Parliament as Bills. The Bill has to be published, in the Kenya Gazette, fourteen days before its introduction. It then has its First Reading, which is a formal reading of the title of the Bill.

Why is the source of law important?

For a lawyer within a legal system, a text and its interpretation exist together. When lawyers cite a source of law, they use it to provide the “legal basis” or justification for an argument or a decision.

Which is the most important source of law?

Pursuant to principles of federal supremacy, the federal or US Constitution is the most preeminent source of law, and state constitutions cannot supersede it.

What are the 5 primary sources of law?

The primary sources of law in the United States are the United States Constitution, state constitutions, federal and state statutes, common law, case law, and administrative law.

Which is the supreme source of law in Kenya?

Supremacy of this Constitution. (1) This Constitution is the supreme law of the Republic and binds all persons and all State organs at both levels of government.

What are the 5 sources of law in Kenya?

STATUTORY SOURCES

• The Constitution.
• Acts of Parliament.
• Subsidiary/Delegate/Subordinate.
• County Assembly Legislations.
• Foreign legislations.
• Treaties and conventions.
• General rules of international law.

What kind of legal system does Malaysia have?

Malaysia practices the mixed legal system which consists of the Customary Law, Islamic Law and Common Law. The sources of Malaysian legal system law are from two different laws which are the Written and Unwritten law.

What is the meaning of written law in Malaysia?

It refers to the laws contained in the Federal and State Constitutions and in a code or a statute. 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,…

What is the role ofjudges in Unwritten Law in Malaysia?

Judges always contribute to the growth of unwritten law in Malaysia. Some customs of the local inhabitants such as Adat Perpatih, Adat Temenggung and custom related to family law are given legal force by courts in this country. In Sabah and Sarawak, land dealing over native customary lands and family matters are applied by native custom-matters.

Is English commercial law applicable in Malaysia?

In section 5 (1) of the Civil Law Act 1956 provides that The English Commercial Law is applicable in Peninsular Malaysia except Penang and Malacca as it stood on 7 April 1956 in the absence of local legislation.