Mapa mental
Law
Contenido del mapa
Law
Historical
Legal
- Written
- Formal documents made by
- Federal Parliament
- State legislature
- Types of Written Law
- Federal Constitution
- Supreme law of Malaysia
- State Constitution
- Principal law of the State
- Legislation (made by federal/state)
- Act: Law enacted by Federal Parliament
- Enactment: Law enacted by State
- Ordinance: Law enacted by State of Sabah & Sarawak
- Enacted by Parliament/State Legislature through parliamentary process
- Subsidiary Legislation (made by federal/state)
- Made by
- Person: Minister
- Body: City Hall
- Referred as
- Regulation
- Rule
- By-Law
- Order
- Advantages
- Eases Parliament of its time to make detailed laws
- Enable legislation of law to meet emergency/social & technological changes
- Less time consuming
- More flexible & informal
- Enable input from expertise
- Easy to amend
- Disadvantages
- Executive has encroached on fuction of legislature
- Absent of separation of power
- Can result in abuse of power
- Lack Publicity
- Can become complex and bulky
- Made by person / body empowered under the law made by parliament/state legislature under the provision of Federal/State Constitution .Does NOT go through parliamentary process.
- Made by
- Federal Constitution
- Formal documents made by
- Unwritten
- Law that are not enacted by Parliament but recognized as law & affects people involved by such law
- Type of Unwritten Law
- Judicial Precedent (Jude Made Law / Case Law)
- Following the decision of the judge in a similar case
- Precedent made by superior court must be followed by lower court in a similar situation
- Precedent a.k.k Stare Decisis / Let the decision stand
- Advantages
- Ease parliament of its burden & time
- Similar cases treated alike, creates uniformity
- Provides flexiblity
- new decision can be developed with new cases
- legal cost minimized
- cases resolved faster
- Judges are bound to follow previous similar fact case decision
- richer in legal principle because based on real cases
- Disadvantages
- Creates rigidity & restriction to development of law because bound by previous fact case decision
- Legal system is slow, expensive and complex
- Cases often involve much time in research because of huge volumes of law report
- slow rigidity cannot be wholly replied because judge may distinguish the case and the previous similiar fact case
- Following the decision of the judge in a similar case
- English Common Law
- Under Civil Law Act 1956
- Subject to cases that happend before 1957
- where no local case law is available and appropriate to local situation
- Subject to cases that happend before 1957
- Under Civil Law Act 1956
- Customary Law
- custom practiced by various local communities
- affects only a particular community
- custom practiced by various local communities
- Judicial Precedent (Jude Made Law / Case Law)
- Written
Información
- Descripción
- Mapa Mental sobre Law , creado por Stephanie Chua el 20/05/2018.
- Creado por
- Stephanie Chua
- Visitas
- 0
- Valoración