Commercial Law

Written Law

Written law – also known as statute law. Enacted by a governing body.

1. Constitution
• Federal Constitution
• State Constitution
2. Legislation
• Federal law – Acts of Parliament
• State law – Enactments / Ordinances
3. Subsidiary legislation

• The Federal Constitution of Malaysia is a written document which lay down the
powers of the federal government and the rights of the citizens. It is the supreme law
of the country.
• The term ‘law’ is defined both by Article 160(2) of the Federal Constitution and Item
43C of Section 2(1) Interpretation and General Clauses Ordinance 1948 to include
the written law, common law is so far as it is in operation in the federation or in any
part thereof. (We will discuss in detail in the next topic)
• There are 13 states which comprise the federation.
• Each state has its own written constitution governing the state.
• It contains provisions on matters in the Eighth Schedule of the Federal Constitution.

• Legislation happens at two levels:

a) Laws made by the Parliament at the Federal level (Federal law) – known as
Acts of Parliament; and
b) Laws made by the State Legislative Assembly for the State level (State law) –
known as Enactments / Ordinances.

a) Acts of Parliament
• Parliament legislates laws which applies throughout the country.
• After 1957, laws passed by parliaments are called Acts. E.g Contracts Act 1950,
Companies Act 2016.
• Prior to 1957, the laws made between the periods of the Malaysian union in 1946
and 1959 are called Ordinances.

b) Enactment
• Laws made by the State Legislative Assemblies are called Enactments. Exception -
for Sarawak where the laws passed by the state assembly are called Ordinances.
• The laws enacted by the State Assembly is applicable to the state only.
• E.g. Islamic Family Law Enactment (Melaka) 2002

 The Federal Constitution establishes Malaysia as a country that adopts a federal

system of government which controls the 13 states.
 The Constitution states that the Federation shall be governed by the three organs of
state namely Parliament (legislative), the Executive and the Judiciary.
 Thus, the Federal Constitution is the supreme law of Malaysia and any law that goes
against the Constitution is invalid.

1. The Federation comprises of 13 states controlled by a central government.

2.  There is a constitutional Monarch called the “Yang di-Pertuan Agong” who is the
titular head of the country with 13 state rulers.
3. It practices a system of parliamentary democracy comprising of a legislative body
called Parliament, and the Executive or cabinet.
4.  The Judiciary is a separate and independent branch of the government.

5. Islam is the religion of the federation and there is freedom to practice other religions.
6. Fundamental liberties of the citizens.
7. Financial provisions for the country.
8. Elections
9. Public Services
10. The states of Sabah & Sarawak.

The basic features of government is provided in the Federal Constitution for example:
 Article 1: establishes the nation as a federation with the name ‘Malaysia’.
 Article 32 read together with Article 40 establishes a constitutional monarchy- the
Supreme head of the federation is the Yang di Pertuan Agong.