Professional Documents
Culture Documents
Malaysian Legal System
Malaysian Legal System
LEGAL SYSTEM
The Coat
of Arms
Jata Negara
The Malay states at that time were divided into 3 groups of states:
Straits Settlement (Negeri-negeri Selat) - Penang, Malacca &
History Singapore
Federated Malay States (FMS) (Negeri-negeri Melayu Bersekutu) -
Perak, Selangor, Negeri Sembilan & Pahang
Unfederated Malay States (UMS) (Negeri-negeri MelayuTidak
Bersekutu) - Johor, Kedah, Perlis, Terengganu & Kelantan
WHAT
Law is typically administered through a system of courts in which
IS judges hear disputes (argument/disagreement) between parties
LAW? and apply a set of rules in order to provide an outcome that is just
and fair
Most countries rely upon the police to enforce the law: to issue
legal warnings, execute search or other legal warrants and to
WHAT make arrests
IS
Law is sometimes based on the concept of “fault”. E.g. passing of
LAW? sentences in criminal cases and award of damages in civil cases
Criminal Law
CATEGORIES Read: Mona Fandey Case
OF LAW
Constitutional Law
Property Law
Company Law
Public law is the branch of the law which concerned with the
relations between:
Public Law
governmental divisions
the organizations of government
the relations between the individual and the state
Includes the areas dealing with E.g. criminal breach of trust, murder,
state and federal powers cheating, theft etc.
Private Law Private law is the branch of the law which concerned with the
legal relations between private individuals, as distinct from public
law
International
Since these rules could not be enforced by any definite
Law supranational (international) agency, their validity has long
depended on the extent to which any particular nation chose to
recognize them
• It is the main part of legal rules applying between sovereign states. It deals with
relationship between states
• Includes law of sea, international criminal law, international humanitarian law
International Private
Law • It is the body of rights and duties of citizens of different sovereign states
towards one another. It deals with that branch of the law that applies to
individuals or legal entities involved in legal disputes of an international nature
• Also known as a “municipal law” - every country may have its own version of law
• The rules will guide the judge when the law in more than one country affects a
case (conflicts of law)
• Includes law on civil or human rights, negligence, contract
• Not only between a government and its own citizens but also in how its citizens
are treated by other nations
WRITTEN The Federal Constitution and the Constitutions of the States and
subsidiary legislation made thereunder;
LAW Acts of Parliament and subsidiary legislation made thereunder;
Ordinance and Enactments (including any federal or State law
styling itself an Ordinance or Enactment) and subsidiary
legislation made thereunder
It constitutes:
Federal Legislations
Courts
Constitution
Administrative aspects of law
Powers of the government
The monarchy
Rights of the citizens
Federal (a) Parliament may make laws for the whole or any part of the
Constitution Federation and laws having effect outside as well as within the
Federation;
(b) The legislature of a State may make laws for the whole or any
part of that State
State Government
Federal Islamic law, land, agriculture and forestry, local government, etc.
Constitution
Federal & State Government
Town & country planning, housing, national park, social welfare,
etc.
Federal If any State law is inconsistent with a Federal law, the Federal law
Constitution shall prevail and the State law shall, to the extent of the
inconsistency, be void
First Reading - only the long title will be read. This is when the
Minister will introduce the Bill in Dewan Rakyat. No debate is
allowed
The minister will announce orally the expected date of the Second
Legislation Reading
The text of the Bill must have been printed and circulated to every
member of the House before the Second Reading
The contents, merits and principles of the Bill are debated and
discussed by all members of the House
He will give his royal assent in form of Public Seal within 30 days
from the date a Bill is being presented to him
Legislation
The Bill will become law at the expiration of the 30 days period
specified should the Yang di-Pertuan Agong, for whatever reason,
fails to give his assent to the Bill within the specified period
http://www.federalgazette.agc.gov.my/index.php
25 November 2020
The Supply Bill The policy stage in Parliament. Budget 2021 was passed with a
(Budget 2021) simple voice vote
Under Standing Order 46(3), a Bill will be put to the House for a
voice vote of “ayes” and “noes” at the debates, with the results
announced by the Speaker
The Supply Bill Although Budget 2021 can be passed via a simple voice vote after
(Budget 2021) debates at the committee stage completes, it can still be derailed
via a bloc vote
Once passed by the Dewan Negara, the Budget will be sent to the
Yang Di-Pertuan Agong for the Royal Assent
National Security Council (NSC) Bill did not receive royal assent
like other Bills
Can a Bill It was passed by Dewan Rakyat and Dewan Negara with 107 in
favour and 74 against the Bill. Some abstained or absented
become Law themselves
without Royal However, the Conference of Rulers wanted some provisions of the
Bill to be refined
Assent?
The Bill automatically became law after 30 days, on 18 February
2016 as if the royal assent was given
NSC Act 2016 came into force on 1 August 2016
Anti-Fake
The bloc vote took place after 50 MPs debated the Bill at the
Laws 2018 policy stage
Anti-Fake The Anti-Fake News Bill 2018 has received the Royal assent and
has been gazetted. The Federal Gazette states the law received
Laws 2018 the Yang di-Pertuan Agong’s Royal Assent on 9 April 2018
Anti-Fake
Laws 2018
Anti-Fake
Laws 2018
English Law With the absence of Malaysian law on the particular subjects,
English law is applied only to fill the missing part in the Malaysian
legal system
“The said common law, rules and equity and statutes of general
English Law application shall be applied so far only as the circumstances of the
States of Malaysia and their respectives inhabitants permit and
subject to such qualifications as local circumstances…”
English Law:
It is mainly made up of non-statutory (non-written) laws, which
Common Law are the precedents derived from judgements given on real cases
by judges in courts
English Law: Almost all ex-British colonies have adopted the common law
system
Common Law
But in each country, the Courts develop their own common law
which may not be identical to the English common law
English Law: When there are conflicts between the English Common law and
Equity Equity law, the rules of equity shall prevail
Judicial
The general rule is decisions of higher courts bind lower courts and
Precedents some courts are bound by their own decisions
Precedents
The court must be in the same hierarchy. E.g. Federal court in
Malaysia is 1 hierarchy which is different from other common law
jurisdiction such as British, Hong Kong
Judicial Precedent laid down by the lower court where the case is on
appeal
Precedents The earlier precedent was arrived at per incuriam (made in
ignorance of a statute or a binding precedent)
There are material differences in facts between the case
established the precedent with the new one
Syariah Law The court that will enforce the Islamic law are the Syariah Court
for matters such as:
Family matters
Marriage
Divorce
Government
Citizen Citizen
Departments
Each parliament lasts for 5 years from the date of its first meeting,
unless dissolved earlier by the YDPA at the request of the PM
Parliament dissolved
Legislative GE 14
9 May 2018
GE15
2023
Parliamentary
The immunity is effective against all criminal and civil laws
Privileges
It cannot be questioned in any court
Dewan Negara
• Cabinet is formed
Malaysian Legal System 103
The law which was enacted by the legislative will not only govern
the people but also the nation including the three government
organs
Court of Appeal
Syariah
Court Magistrates’ Court
Judiciary The judiciary will interpret the law enacted by the legislative and
at the same time, applies the said law in arriving at their decision
All parties will be treated equally and the judiciary is free to make
judgments without coercion, fear or favour
5 years imprisonment
6 months imprisonment
Special Court Before the amendment was made, no proceeding can be brought
in any court against theYang di-Pertuan Agong or the Ruler of a
State in his personal capacity
Special Court The Special Court has exclusive jurisdiction to try all offences
committed in the Federation by the Yang di-Pertuan Agong or the
Ruler of a State and all civil cases by or against the Yang di-Pertuan
Agong or the Ruler of a State, notwithstanding where the cause of
action arose
Section 2 - Child is a person under the age of 18 years, and for the
Court for purposes of criminal proceedings, means a person who has
Children attained the age of 10
It is unauthorized in substance
Doctrine of
It is procedurally irregular, improperly motivated or in breach of
Ultra Vires the rules of natural justice
PRIMA FACIE
Principle: presumption that the defendant / accused are innocent
CASE until proven to the contrary
DISPUTE
Mediation
RESOLUTION Arbitration
Adjudication
They may accept that they owe the unpaid party the claimed
amount and propose to make payment to the unpaid party
They may accept that they owe a part of the claimed amount and
Adjudication propose to make payment of the said part to the unpaid party
They may completely deny the claimed amount and state its
defence to the claim
They may opt to not reply to the Payment Claim within the 10
working days at all