Civil Law Is The Legal System Used in Most Countries Around The World Today

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Civil law is the legal system used in most countries around the world today.

The civil law is a set out of comprehensive system of rules which are applied and interpreted by judges. Malaysia's unique legal system is designed to balance the delicate racial and religious needs of its heterogeneous people. The sources of law mean the legal rules that make up the laws. In Malaysia, the sources consist of the primary law and secondary law. The Primary Sources are divided into two parts which are written law and unwritten law. Alternatively, written law refers to the laws contained in the Federal and State Constitutions and in a code or a statute. The written laws are much influenced by English laws as the Malaysian legal system retains many characteristics of the English legal system. It also known as statuary law. The written law includes the Federal Constitution, State Constitution, Legislation and Subsidiary Legislation. Federal Constitution is the supreme law of the country. The Federal can only be changed by a two -thirds majority of the total number of members of the legislature. The Federal Constitution comprises many Articles concerning the religion, fundamental liberties, judiciary and many other related subjects. The Federal Constitution determines how Malaysia is governed. The constitution not only establishes the organ of Malaysian government, it also gives power to these organs. If somebody wants to know how Malaysia is governed a nd administered, the Federal Constitution is the law that provides the answer. Besides the Federal Constitution, there are state constitutions. In Malaysia, each state has its own constitution. For instance, Undang-undang Tubuh Negeri Johor, Undang-undang Tubuh Negeri Perak and Undang-undang Tubuh Negeri Kelantan. Article 71 of federal constitution stated the right of the states to have their own constitution. Each state is governed and administered in accordance with the constitution of the state. Another primary source of civil law is Legislation. Legislations refer to the laws that are established by the Parliaments at federal level and by the State Legislative Assemblies at the state level. The Parliament and State Legislatures are not supreme and so they have to enact laws subject to the requirements set out in the Federal and State Constitution. If Legislature

enacts new law against Federal Constitution, the law will not be enforceable. In the Federal Constitution, Article 74 stated that parliament m ay make law with referring to matters provided in the List I of the Ninth Schedule while the state legislatives may make law with referring to matter provided in List II. While List III which is the Concurrent list, are in the authority of both parliament and state legislatives. Matters that are not in the lists are within the authority of the States. Last but not least, Subsidiary Legislations also known as Delegated Legislation. The Subsidiary Legislations are made by the people or bodies who are authorized by the Acts of Parliament or Enactments of States Assemblies. The Legislatures provide basic law, so subsidiary legislation is very to govern day-to-day matters. In Malaysia, one of the body that given power is The Royal Police of Malaysia. In Article 150 of Federal Constitution, Parliament can pass the power to legislate any subsidiary legislation during emergency, even if there are any contradictions with the Federal Constitutions involved.

The people or bodies who are authorized by the legislatures are the Yang di-Pertuan Agong who is the nominal head of the executive and the Prime Minister and cabinet is the real executive. The Cabinet is answerable to the Yang di-Pertuan Agong as the nominal head of the executive in the country. However, according to the democratic ruling system, the Chief Executive is the Prime Minister. This does not mean that the Yang di-Pertuan Agong is unable to voice any opinion, but rather that he must act on government advice, whatever his personal view might be. The Yang di-Pertuan Agong appoints a Cabinet to advise him on country's matter. The Cabinet consists of the Prime Minister and a number of Ministers who must all be members of Parliament. Besides that, the Government has set up various agencies to ensure the smooth enforcement of the law. It comprised of three main components, namely ministries, departments and statutory bodies.

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