Malaysia has a very unique legislative framework consisting of mixed jurisdictions and mixed legal system namely the common law and the syariah. The common law principles were applied in the civil court in almost matter of jurisdiction. Islamic law in contrast is practiced in the syariah court and only pertaining to the family matters and law of inheritance. Briefly, common law is originated from England. It is a system based on precedent derived from judgements by judges. In contrast, syariah refers to the rules of law originating from al-Quran, as well as practices and explanations rendered by the prophet Muhammad sallallahu alayhi Wasilla, ijma’, qiyas and ijtihad of fuqaha’. Syariah governs many aspects of day-to-day life, including politics, economics, banking, business law, contract law and social issues. Due to the diversity of both legal systems, the issues arrises whether harmonization of the syaria and common law is feasible and acceptable or not. Well I think it is. Apart from that there were also the doctrine of separation of powers we had here in Malaysia to keep the country 's administration at the best state. So in this essay, I will be talking about the Common law and equity, syaria law and as well as the doctrine of the separation of powers.
First of all I am going to talk about the practice of common law in Malaysia which was introduced originally to the Straits Settlements through the Royal Charters of Justice. Then the application was extended to
Mr. Thelaw’s conduct would likely be considered extreme and outrageous when he manipulated Ms. Smartpants emotions in front of the class. Courts have reasoned that a defendant cannot deliberately attempt to manipulate the emotions of a plaintiff, for a perceived advantage over a plaintiff who is susceptible to emotional distress. KOVR-TV, Inc., 37 Cal. Rptr. 2d at 435; McDaniel, 281 Cal.
Unit 1-1: Why We Need Laws
(Konstantin Degtyarev)
Law are rules for everyone to follow, laws are intended to establish freedoms, responsibilities, democratic principles and respect towards others and the public equipment.
A public law is between an individual or a group of individuals and the society; whereas private law is between an individual/s and other individual/s. A public law helps establish rules between people and their community, whilst private law establishes rules between people, hence the name private.
The system of checks and balances and three branches of government has been widely adopted across the world today, most prominently in the Southeastern Asian countries of Thailand and Malaysia. In the Federal Constitution of Malaya (now Malaysia), a constitutional monarchy is formed, including the use of three branches of government, which was first adopted by America in the Constitution of the United States. The three branches of Malayan government are the bicameral legislative branch (a.k.a. The Parliament) consisting of the House of Representatives and Senate, the executive branch containing the Prime Minister and his Cabinet Ministers, and a Federal Court in the judiciary branch. This system of government is almost a clone of the American government formed about two centuries prior.
The main principles of the Australian Legal System are fairness, equality before the law and justice. The constitution provides a structure that outlines separation and division of powers, defining the powers exercised by the government bodies. This is demonstrated through the constitution defining acceptable and unacceptable conduct which outlines expectations for the Australian public, enabling social cohesion and upholding rule of law. The Australian Legal System is based on legal and social principles ensuring laws are democratically enforced and free from arbitrary exercise of power.
The Australian Legal System establishes laws promoting social cohesion and enabling social progress within our multicultural society.
Both societies show no moments of where there is only one person that rules over either. Maybe they are democracies and they let the citizens do what they want. But I for sure know that there is no one over either society. Another
Legal history
A system of rules that a particular country or community recognizes as regulating the actions of its members and may enforce by the imposition of penalties, this is the definition of law. Although the definition of law is evident and perceptible,the portrayal and act of law varies. Throughout the justice system there are many inconsistencies such as the type of law, there is common,criminal,civil, and administrative. Throughout these systems of law there are also criminal proceedings. In these criminal proceedings, some will find that the verdict is just.
The law is meant to provide justice to people. So the main advantages of the common law system is that it is consistent, adaptive, equal and independent.
Consistency is achieved through the precedent as the base for the decisions, not the personal attitudes of the judges. The parties, involved in the process, are expecting that their case would be decided as the similar one, it creates certainty in getting equal justice and stability. Precedents are usually developed in the higher courts by the senior
An issue in theoretical basis on what should prevail or which is supreme between International Law or Municipal Law (national law) is usually presented as a competition between monism and dualist. But in modern approach there is now the theory of coordination or is also called Harmonization theory that rejects the presumption of the other two theoretical concept, monism and dualism. The monist view asserts the international law’s supremacy over the municipal law even in matters within the internal or domestic jurisdiction of a state. While it is true that the international law defines the legal existence of states as well of the validity of its national legal order, the dualist asserts the international law is an existing system that is completely separated from municipal or national law. That dictates the
Just as in other countries, the law in Malaysia can be found not only in legislation, but also in cases decided by the courts. The courts in question are the Federal Court, the Court of Appeal, and the two High Courts. This is because only decisions of superior courts are sources of law as they are the courts that decide on matters of law whereas lower courts generally discuss on matters of fact. Decisions of the higher courts are binding to the lower courts which is known as stare decisis.
Stare decisis is a latin term which means to stand by what has been decided.
The Malay laws (Adat)
Malay customary law is called “adat”, is a word came from Arabic. Adat in general means a right to conduct an in common usage, it stands for a change of things all connected with proper social culture and behavior. Therefore, it will imply rules of etiquette and the ceremonies recommended for a certain occasion such as marriage as well as those customs which have legal consequences.
Being the customs law at a certain time in a certain place, adat is flexible and adaptable to social needs and not suitable for codification. The Malay law was not be taken seriously as representing the adat law in a certain state.
Although Bahasa Malaysia is the official language, but most of the people converse mainly in English.
The different religions in Malaysia shows that there are many different races living there. Although Islam is the the official religion in Malaysia, but the other religions like Christianity, Buddhism, Hinduism and other religions are practiced freely as Malaysia guaranteed religion freedom. Most Malays practice Islam.
In Malaysia they are several branches of government are created and power is shared between them. The one and other branch can challenge other branch and Executive branch is to mainly focus on how to execute the
DEFINITION OF LAW:
Law is outlined as the principles and regulations set by the governing authority, and have binding legal forces. It must be endorsed and obeyed by the citizens, subject to penalties or legal consequences. It depicts the will of the supreme power of the state. The basic purpose of law is to regulate the society, to safeguard and shield the rights of people and to resolve conflicts. It acts as barrier is preventing people from behaving in a negative manner that affects the rights and quality of life other people, hence violation of law implies the punishment of lawbreakers
Dysfunction of Law:
Dysfunction of law means failed to abide by the law.
