17091057
Description
Mind Map by Nursyuhada Redzuan, updated more than 1 year ago
|
Created by Nursyuhada Redzuan
about 5 years ago
|
|
MALAYSIAN LEGAL SYSTEM
- 1. Definition of
law
- Law refers to a set of rules which
governs the conduct of a citizen. It
can be considered as a set of
guidance which is important for the
harmonization of citizens
- Law refers to a set of rules which
governs the conduct of a citizen. It
can be considered as a set of
guidance which is important for the
harmonization of citizens
- 2. Classifications of law
- Public Law
- The law that governs the
relationship between individuals and
the state. Examples of public laws
are constitutional, criminal and
administrative
- Constitutional law - It refers to a
written text of the state and federal
constitution which regulated the
power of the government, confers the
fundamental rights of individuals in
the state and the power of the ruler
of the state
- Criminal Law - The body of law that
relates to crimes. It regulates social
conduct and prescribes whatever is
threatening, harmful, or otherwise
endangering to the property, health,
safety and moral welfare of people
- Administrative law - The body of law that
governs the activities of administrative
agencies of government which includes
rulemaking, adjudication or the enforcement
of a specific regulatory agenda.
- Constitutional law - It refers to a
written text of the state and federal
constitution which regulated the
power of the government, confers the
fundamental rights of individuals in
the state and the power of the ruler
of the state
- The law that governs the
relationship between individuals and
the state. Examples of public laws
are constitutional, criminal and
administrative
- Private Law
- Refers to civil law which governs the
relationship between individuals. The parties
in dispute can bring an action to court in
their own names. Examples, contracts, torts,
hire purchase, agency and others.
- Refers to civil law which governs the
relationship between individuals. The parties
in dispute can bring an action to court in
their own names. Examples, contracts, torts,
hire purchase, agency and others.
- International Law
- The body of law that governs the legal
relations between or among states or
nations. The rules of international law are
found in treaties, conventions and rules of
international customary law
- Public International Law
- It covers a range of activities such
as diplomatic relations, conduct of
war, trade and human rights.
- It covers a range of activities such
as diplomatic relations, conduct of
war, trade and human rights.
- Private International Law
- It deals with a variety topics such
as contracts, marriage and
divorce, jurisdiction, child adoption
and abduction.
- It deals with a variety topics such
as contracts, marriage and
divorce, jurisdiction, child adoption
and abduction.
- Public International Law
- The body of law that governs the legal
relations between or among states or
nations. The rules of international law are
found in treaties, conventions and rules of
international customary law
- Public Law
- 3. Sources of Law in Malaysia
- Written Law
- It refers to the law
that is itroduced
through
parliamentary
process. It is also
known as the laws
which have been
enacted in the
constitution or in
legislation
- Subsidiary Legislation
- The acts or Enactments may confer
powers to specific bodies or persons in
authority to make law
- These law basically concern with everyday
matters , which are not covered by
Parliament or State Assemblies Normally
they relate to policies
- Known as rules or regulations
- The acts or Enactments may confer
powers to specific bodies or persons in
authority to make law
- Legislation
- For the law enacted after 1946
until 1956, they are known as
Ordinance. For those that are
enacted from 1957 they are
known as Act
- For the laws legislated by the State
Legislative Assemblies, they are
known as Enactment except in
Sarawak, known as Ordinance
- For the law enacted after 1946
until 1956, they are known as
Ordinance. For those that are
enacted from 1957 they are
known as Act
- State Constitutions
- Each state has its own
constitution. This constitution is
applicable to that particular
state only
- The provisions in the State
Constitution are relating to state
matters, for example relating to
ruler, financial, state employees
etc
- Each state has its own
constitution. This constitution is
applicable to that particular
state only
- Federal Constitution
- The term refers to a body of
legal and non-legal rules
concerning the government of
a state
- Federal Constitution lays
down powers of the federal
government and the state
government. These powers
are stated in the federal
list, state list or concurrent
list
- Any clause of the Federal
Constitution can be changed
by two third (2/3) majorty
votes of total number of
members of parliament
- The term refers to a body of
legal and non-legal rules
concerning the government of
a state
- It refers to the law
that is itroduced
through
parliamentary
process. It is also
known as the laws
which have been
enacted in the
constitution or in
legislation
- Unwritten Law
- Refer to the law which is
introduced without any
law-making body. It is one of
the sources of law which is
introduced based on custom,
usage, and judicial decisions
- Judicial Decisions
- Refer to the court's judgment or determination
of the dispute between the parties
- In deciding cases before the courts, the judges are bound to
follow the previous decisions made by the previous judges. The
previous reported case is called as precedent and it is known as
stare decisis, which is to keep decision
- Two conditions that must be observed before the current
judges can follow the precedent. These are: a) There must
exist reliable report of cases b) There must be a settled
judicial hierarchy
- Refer to the court's judgment or determination
of the dispute between the parties
- English Law
- The guidelines in application
of English law troughout
Malaysia is based on the Civil
Law Act 1956
- Our legal system normally would
adopt English Common Law and
Equity and English Commercial Law
based on section 3 and section 5. It
depends on: the local circumstances
where the Malaysian written law
permits and when there is no statute
of particular law in Malaysia that
deals with that kind of situatons
- The guidelines in application
of English law troughout
Malaysia is based on the Civil
Law Act 1956
- Customary Law
- An ancient unwritten law that is
found in a particular place where
no rules has ever been enacted by
the legislative authority
- It also can be defined as customs
and traditions in the Malay
community
- Examples of customary laws in
Malaysia are Adat Perpatih, Adat
Temenggong, Iban customary laws
and Dusun customary laws
- Principal requirements for a valid custom:
The custom must be proven to exist and
have been observed for a long time,
continuously and consistently and must be
legal, obligatory, certain and reasonable
- An ancient unwritten law that is
found in a particular place where
no rules has ever been enacted by
the legislative authority
- Islamic Law
- Its application is limited to Muslim only
- Islamic law is known as Sharia
law that is a divine law and it
has four major sources, the
Qur'an, Hadith, Ijma' and Qiyas
- The administration of Islamic law
Enacments were given to three principal
authorities i.e. The Majlis Agama Islam, the
Mufti and the Syari'ah Courts
- Its application is limited to Muslim only
- Refer to the law which is
introduced without any
law-making body. It is one of
the sources of law which is
introduced based on custom,
usage, and judicial decisions
- Written Law
- 4. Procedure of the law making process
before any law is passed by Parliament
- How a Bill becomes a law?
- Parliament exercises its power to make
laws by passing of Bill in both Houses i.e.
House of Representatives (Dewan Rakyat)
and Senate (Dewan Negara)
- 1st Reading- Reading of long title, i.e, the
title of the Bill will be read. If it is accepted,
the bill will printed and distributed to the
members of Parliament
- 2nd Reading- the members will discuss and
debate on the Bill. Voting by simple majority (by
voices) or 2/3 majority through divisions. If it is
accepted, it will sent to the next stage for the
consideration of the Committee of the House
- Committee Stage- The committee will consider
the Bill and may amend any part of it. If the
committee approved, the bill will sent to the
next stage
- 3rd Reading- voting for second time.. Long title
will be read and passed by the house
- Royal Assent- Once passed by the Houses in
which the Bill is originated, it will sent to the
other House. Once the House (second House)
passes the Bill, it must be presented to the
YDPA for His assent thereto. The YDPA must
within 30 days assent to the Bill by causing
Public Seal to be affixed thereto. If He fails to
do so, the Constitution provides that the Bill
should become law at the expiration of 30
days as if He had assented thereto.
- Gazetted and printed- The Bill shall become law
on being assented to by the YDPA, but no law
shall become into force until it had been gazette
- Law
- Law
- Gazetted and printed- The Bill shall become law
on being assented to by the YDPA, but no law
shall become into force until it had been gazette
- Royal Assent- Once passed by the Houses in
which the Bill is originated, it will sent to the
other House. Once the House (second House)
passes the Bill, it must be presented to the
YDPA for His assent thereto. The YDPA must
within 30 days assent to the Bill by causing
Public Seal to be affixed thereto. If He fails to
do so, the Constitution provides that the Bill
should become law at the expiration of 30
days as if He had assented thereto.
- 3rd Reading- voting for second time.. Long title
will be read and passed by the house
- Committee Stage- The committee will consider
the Bill and may amend any part of it. If the
committee approved, the bill will sent to the
next stage
- 2nd Reading- the members will discuss and
debate on the Bill. Voting by simple majority (by
voices) or 2/3 majority through divisions. If it is
accepted, it will sent to the next stage for the
consideration of the Committee of the House
- 1st Reading- Reading of long title, i.e, the
title of the Bill will be read. If it is accepted,
the bill will printed and distributed to the
members of Parliament
- Parliament exercises its power to make
laws by passing of Bill in both Houses i.e.
House of Representatives (Dewan Rakyat)
and Senate (Dewan Negara)
- How a Bill becomes a law?
- 5. Judicial System In Malaysia
- Hierarchy of Courts
- Federal Court
- Court of Appeal
- High Court of
Malaya
- Sessions Court
- Magistrate Courts
- Magistrate Courts
- Sessions Court
- High Court of Sabah/
Sarawak
- Sessions Court
- Magistrate Courts
- Magistrate Courts
- Sessions Court
- High Court of
Malaya
- Court of Appeal
- Federal Court
- Hierarchy of Courts
Want to create your own Mind Maps for free with GoConqr? Learn more.