Sources Of Law In Malaysia Essay

Written Law is the most important source of law. It refers to that portion of Malaysian Law which includes:
a) The Federal   and State Constitutions. It is the supreme law of the land. There are also constitutions of the thirteen states comprising the Federation, which form part of written law in Malaysia.
b) Legislation enacted by Parliament and the State Assemblies. (eg. Acts of Parliament, Ordinances, Enactments, etc.)
c) Subsidiary legislation made by person or bodies under powers conferred on them by Acts of Parliament or State Assemblies. (eg. Rules and Regulations, By Laws, Guidelines, etc.)
The Federal Constitution
The Federal   constitution of Malaysia is the supreme law of Malaysia. The 1957 Constitution of the Federation of Malaya is the basis of this document. It establishes Malaysia as a constitutional monarchy having the Yang di-Pertuan Agong as Head of State whose roles are largely ceremonial. It provides for the establishment and the organization of three main branches of the government: the bicameral legislative branch called the Parliament, which consists of House Representatives and the senate; the executive branch led by Prime Minister and consists of Cabinet Ministers; and the Judicial branch led by the Federal Court.
The Federal Constitution comprises Articles which provide for the following:
1. The name, States and   territories of the Federation
2. Religion of the Federation
3. Sumpreme law of the Federation
4. Fundamental liberties
5. Citizenship
6. The Federation – Yang di-Pertuan Agong, Rulers, the Executive, Federal Legislature, legislative procedure
7. The States – Rules and Yang di-Pertua Negeri, Legislative Assembly
8. Relations between the Federation and States
9. Financial provisions
10. Elections
11. The judiciary
12. Public services
13. Special powers against subversion, emergency powers
14. General and miscellaneous, e.g. National Language, Federal Capital, Commonwealth reciprocity, amendment of Constitutions,...