The laws of Malaysia can be divided into two types of laws—written law and unwritten law. Written laws are laws which have been enacted in the constitution or in legislation. Unwritten laws are laws which are not contained in any statutes and can be found in case decisions. This is known as the common law or case law.
WRITTEN LAW
"Written law" refers to the laws contained in the Federal and State Constitutions, code or statute. The written laws are much influenced by English laws as the Malaysian legal system retains many characteristics of the English legal system. Written laws include the Federal Constitution, State Constitutions, legislation and subsidiary legislation.
Malaysian written laws are contained in codes and statutes known as Acts, Ordinances, and Enactments.
a) Acts
Acts are laws enacted by the Parliament. There are 4 types of Acts: the Principal Act, the Amendment Act, the Revised Act, and the Consolidated Act.
b) Ordinances
Ordinances are laws enacted by the federal legislature between 1 April 1946 - 10 September 1959. Laws promulgated by the Yang Di-Pertuan Agong during an emergency proclaimed under Article 150 of the Federal Constitution are also known as ordinances.
c) Enactments
Enactments are laws enacted by State Legislative Assemblies. However, the State Legislative Assembly laws in Sarawak are known as ordinances.
The Parliament and State Legislatures are not supreme. They have to enact laws subject to the provisions set out in the Federal and State Constitutions.
FEDERAL CONSTITUTION
The Federal Constitution is the supreme law of the country. It lays down the powers of the Federal and State Governments, and enshrines the basic or fundamental rights of the individual citizen. The rights written in the Constitution can only be changed by two-thirds majority of the total number of the legislature members (in contrast to normal laws which can be amended by a simple majority). The Federal Constitution comprises articles which provide for the following (see image below):
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STATE CONSTITUTIONS
Besides the Federal Constitution which applies to all States in the Federation, each state also possesses its own constitution regulating the government of that State. This includes matters concerning the Ruler, the Executive Council, the Legislature, the Legislative Assembly, financial provisions, State employees, and amendments of the Constitution.
SUBSIDIARY LEGISLATION
The Interpretation Act 1967 defines subsidiary legislation as ‘any proclamation, regulation, order, notification, by-law or other lawful authority and having legislative effect’.
Subsidiary legislation is very important as legislation by Parliament and State Legislatures is insufficient to provide the laws required to govern everyday matters. It deals with the details which the legislature has neither the time nor the technical knowledge to enact laws. The legislature merely lays down the basic and main laws, leaving the details to persons or bodies to whom they delegate their legislative powers.
It is more flexible, can be made, amended or modified easily and more speedily compared to ordinary legislation.
Usually the Parliament or the State Legislative Assemblies enunciates general principles and policies relating the subject matter in a particular legislation. By giving the power to other agencies/bodies to legislate further and fill in the details, the legislative time of the legislature is economized.
May i know what is the difference between Constitution and Legislation ? ><
ReplyDeleteIf not mistaken, Constitution simply means it is a series of documents of laws which have power on the Government of the State. So, different countries have their own different type of Constitution.
DeleteFor Legislation, it simply means where the Legislative Assemblies create, alter or revoke the law before proceeding it to the Executive Part.
Constitution gives power to any people (Parliaments, Council,,,etc) to make Legislations.
Deleteconstitution gave rise to legislative bodies.
Legislation differs through states (in federal countries), but all sovereign states have one applied Consitution.
constitution is the backbone of a sovereign state and subsequent laws or legislatives produced thereafter must not be above or clash with the constitution
anyone can hlp me for my assignment? really urgent.Explain the type of Acts enacted by the Parliament.
DeleteCan you make the differences between written law and unwritten law with its keyword? to make it easier for the beginner to understand the differences. I hope you can do it in a table form
Deletecan you write smtg abt unwritten law? My assignment need it. THANKS :)
ReplyDeletewhere is the legislation?
ReplyDeletecan you tell about importance of legislation
ReplyDeletewhat is the differentiate between ordiance and acts?
ReplyDeleteMay i know the significant of written source and unwritten source countribution to malaysia legal system
ReplyDeletecan u give me what is the example of written law?
ReplyDelete