1. MALAYSIAN STUDIES
ZAKIAH KHASSIM

2. SOURCES OF MALAYSIAN LAW
WRITTEN LAW :-
- THE FEDERAL CONTITUTION
FUNDERMENTAL LIBERTIES
LEGISLATIVE POWER OF FEDERAL/STATE
TO CHANGE ON BY 2/3 MAJORITY
- THE STATE CONSTITUTION
- LAW THAT REGULATES THE ADMINSITRATION OF THE STATE
- LEGISLATION
- ACTS
- ENACTMENTS
-SUBSIDIARY LEGISLATION

3. SUBSIDIARY LEGISLATION
The term delegated legislation means –
Section 3 Intepretation Acta1948 & 1967 “ any proclaimation, rule, regulation, order, notifications, by law or other instrument made under any ordinance, enactments or lawful authorithy and having legislative
Laws passed by subordinate authorithy under powers conferred upon it by an Act called parent or Enabling Act
If parent Act repealed – automatically subsidiary repealed
If contravene parent Act or constitution – invalid
Exception Section 150 of Fed Consti- emergency ordinance
Comparison
Subsidiary legislation are laws made by persons or bodies under powers conferred on them by ACTS OF Parlimen or State Assemblies (rules, regulations and by-laws)
It become very important as the government gets more complicated

4. Subsidiary legislation
Advantages:-
matters of detail as the legislature has no time or technical knowledge
flexibility eg Currency Control
can easily be recinded if impractical or outdated
urgent matters - epidemic, political or economic calamities
compare to Act of Parliament – can be amended/repealed only by another Act and must wait next Parlimentary siting

5. Delegated legislation may be controlled in the following manner :-
Consultation - prior consultation with organized groups and advisory bodies
Publicity - made public as soon as come into force
Parent Act can repealed the provision
debate in Parliament
member may move a prayer to annul the reguslations
Sub-delegation means- unusual but if authorized, it means law making will take place at three or more levels from Parent Act
Disadvantages:
a)Abuse of power in the hands civil servants not accountable to public
b) Over delegation
c) if power too freely given –undermine effect system

6. Judicial system in Malaysia
FEDERAL COURT
COURT OF APPEAL
HIGH HIGH COURT
COURT OF
OF MALAYA BORNEO
SESSION SESSION
MAGISTRATE MAGISTRATE
PENGHULU NATIVE

7. SPECIAL COURTS SPECIAL COURTS INDUSTRIAL COURTS MARTIAL COURTS
SYARIAH COURTS
COURT FOR CHILDREN

8. SPECIAL JURISDICTIONS
FEDERAL COURT
Original :-
Article 128 (1) of the FC
law which the bodies has no power to make
disputes between states and federation
Referral
to determine constitutional questions
Appelate
Hear appeal from Hg Court/Court of Appeal (Civil/Criminal)
Advisory
– advises YDPA on effect of the Constitution

9. SPECIAL HIGH COURT JURISDICTION
divorce & matrimonial matters - estate matters
admiralty matters
bankruptcy matters
appointment of guardians of infants/infants property property
appointment of guardians of mentally disordered person/ unsound mind
Equitable remedy
Presumption of death

10. Unwritten law
Judicial decision
Custom
English law

11. Judicial precedent
Judge make laws in 2 ways - applying rules to new situation
interpreting statutes & apply them
Not every case judge need to apply :-
case overulled on appeal
arrived in ignorance of the law
material difference in facts
Advantages:-
more practical as it involved real dispute
flexible and able to grow
richer in legal detail
certain
Disadvantage
overlooked in view of the large number
difficulty to distinguish obiter/ratio
Decisions of higher court greater than lower ones

12. English law
Unwritten Law comprised of :- English Law, Judicial precedents and customs.
English law - English Law forms part of the laws of Malaysia. It can be found in the English Common Law and rules of equity. However not all form part of Malaysian Law
Two limitations :-
applicable in the absence of local statutes which is only meants to fill in the lacuna
only that part that is suited to local circumstances- proviso of law Section 3(1) Civil Act
It may offend religious sentiments, customs and practice

13. English Law not applicable in :-
(a) Criminal Procedure Code
- English law not applicable in CPC
Cases : Karpal Singh & anor vs PP
(b) Commercial Law
--Section 5(1) principle of Eng Commercial Law as at 7/4/1956 in the absence of local legislation (except Penang & Malacca )
--section 15 (2) Eng Commercial Law applicable to 4 states (pg, Malacca, Sabah, Sarawak) apply to the matter which has to be decided as it would in England in the absence of local legislation
Eg : Kon Then Soong v Tan Eng Nam – English Partnership Law not applicable because local statute exist
© Land law
Section 6 Civil Law Act- Land Law not applicable
Cases : UMBC vs Pemungut Hasil Tanah Kota Tinggi- eng law not applicable because Land Law is complete and comprehensive .
Note if Eng law accepted by court- it becomes local Law under the doctrine of judicial precedent.

14. According to your perception, how should an ideal Malaysian be, in respect character, attitude and visions so that he can be well equip to face the challenges of tomorrow.