English Law In Malaysian Legal System
Malaysian legal system sources of law english law 1.
English law in malaysian legal system. It has become the personal law of the garrison members. The role of the malaysian bar 10. The law of malaysia is mainly based on the common law legal system. Article 160 fc law includes written law the common law in so far as it is in operation in the federation or any part thereof and any custom or usage having the force of law in the federation or any part thereof.
The supreme law of the land the constitution of malaysia sets out the legal framework and rights of malaysian citizens. Legal practice in sabah and sarawak east malaysia. Therefore the english law cannot be the lex loci. Sharifah suhanah syed ahmad dr sharifah suhanah syed ahmad retired as an associate professor of the faculty of law university of malaya kuala lumpur malaysia in october 2013.
Legal profession practice and etiquette rules 1978 9. Law has been imported into malaysian legal system not by case law but by codification in leg islation so much so that at present the volumes of statute law have become dominant compared to. Legal aid programme 12. She continues to teach part time at the university.
Language used in the courts 13. This was a direct result of the colonisation of malaya sarawak and north borneo by britain between the early 19th century to 1960s. Malaysian legal system law 416 introduction. In other words english law was introduced to penang through the first charter of justice in 1807.
It was also further emphasize that once the law of england was introduced in any state no other law would be enforced except the english law. The answer is because the common law the doctrine of binding precedent or stare decisis is central to the english legal system and to the legal systems that derived from it such as those of australia canada and new zealand.