Law Sources Essay

1105 WordsSep 9, 20155 Pages
The sources of Malaysian legal system law are from two different laws which are the Written and Unwritten law. In Malaysian Legal System, the most important source of law is the Written Law which comprises of The Federal Constitution, State Constitutions, Legislation and Subsidiary Legislation. In another word, Written Law refers to the law stated in the Federal Constitutions which is the supreme law of Malaysia and it enshrines the basic or fundamental rights of the individual. The Federal Constitutions also stipulates the “Yang di-Pertuan Agong” who owes his position to the Constitution and act according to it. If the total number of members of the legislature and there is two-thirds of majority of it, the Constitution can be change. The Federal Constitution consists of many Articles prepositioning religion of the federation, welfare of the aborigines and other connected subjects. Besides the Federal Constitution, every state has their own constitution controlling the government of that state which is known as the State Constitution. The provision comprises the Ruler, the Executive Council, the legislature and other related subjects like the Legislative Assembly, financial provisions, state employees, and amendment of the Constitution. Delegated Legislation is a legislation made by individual or bodies under powers given on them by Act of Parliament. It is important because the legislation made by Parliament and the state is not enough to give the laws needed to govern everyday matters. Another source of Malaysian legal system law is the Unwritten Law which consists of English Law, judicial decision and customs. Part of the laws of Malaysia is formed by the English Law. It can be found in rules of equity and English Common Law. However, the application of the law is subject for two limitations where it is applied only in the absence of local statutes on

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