Lets start with federal constitution.Federal Constitution is written constitution that is mean to a supreme law the land that have been based on Article 4 of the said, constitution that any laws that have been passed after Medeka Day which is inconsistent with constitution have to be void and it shall to be a consisency.Also, federal constitution is stipulate by the powers of Federaland State Governments and set for democratic system of government.Federal Constitution also establishes a constitutional monarchy and entrenches fundamental liberties of the individual.It was because it want show that federal constitution is not easy to amended.For amendment,it required by a majority of the total number of member of the legislature. Next,State …show more content…
The power of Parliament and of State Legislatures in Malaysia is limited by the constitution and they cannot make any law as they please. Now we proceed to unwritten law. Unwritten law is simply that portion of Malaysia law which is not written.For a detail,the unwritten law can be definition for the portion of Malaysian law which is not found in the written Federal Constitution and State Constitution.It was because it was not necessarily “unwritten” law which is existed and practiced under the saction of other specific law.Unwritten law consists of english common law, judicial decission , customary law,jurist and islamic law. First of all,english common law was a natural cosequence of British colonial rule was the spread of English Law into those ruled by British. This is also a very important source of Malaysian law.Application of English common law in Malaysia was a Section 3(1) and Section 5(1) of the Civil law Act 1956 was explained it was specially permit the reception of English law and equity in Malaysia subject to limitations contained there in.However, the reception of English law and equity are subject to the certain general exceptions.In particular , English common law may only be applied where Section 3(1)and Section 5(1) there is no local law governing the matter and Section 3(2) and Section 5(2) if it suitable to the local …show more content…
It mainly relates to family matters .For example,marriage,divorce and inheritance. The customary laws of the Malay also called as “adat” or native law was continue to be important sources of law. For example , in Malaysia , there are two types of “Adat” which is “Adat Pepateh” and “Adat Temenggung”. Negeri Sembilan and Naning in Malacca, was practiced among the Malay in that state. It uses the matrilineal system which belongs to mother’s lineage .Meanwhile,other states is practiced Adat Temenggung which uses the patrilineal system which belongs to father’s
The two forms of traditional Aboriginal law were ‘sacred’ and ‘secular’ laws. Sacred laws were entrusted to the elders, teaching Aboriginal customs, acceptable behaviour, and adequate use of the land. Secular laws focused on the responsibilities of individuals. There were also ‘secret’ laws and different people...
The Constitution provides the basic framework of our American Government. The Constitution established the structure of the Government and a written set of rules to stabilizes the conduct of the government . The Constitution was ratified in 1788 in Philadelphia. After long diatribe and political battle between the Federalists and the Anti-Federalists, they finally came to and Agreement. The Constitution divided the national government into three branches; Legislative, Executive, and Judicial. The government is based upon the principles of separation of powers and checks and balances even though in practice many powers and functions interchanged and are shared. In 1791 the states ratified the Bill of Rights in order to protect individuals from the power of the federal government. The 1st Ten Amendments to the Constitution involve provisions for freedom is religion, speech,, press, assembly, and petition. Through the year 2000 the Constitution has been amended twenty seven times due to interminable needs by the people.
Texas and Federal Constitutions contain the principles needed for a representative democratic government and both arose from different historical situations; for instance, the U.S. Constitution was made to replace the Articles of Confederation, a weak decentralized form of national government with no president or taxes, which made the government not powerful enough to start a war. The U.S. Constitution was made to improve these weaknesses by proposing a degree of centralization which increased government power. On the other hand, Texas Constitution was made to reverse or avoid the ideas of the U.S. Constitution. On one part, the U.S. Constitution wanted to empower government action whereas the Texas Constitution wanted to weaken government action. The Texas Constitution is more geared toward protecting people’s rights whereas the U.S. Constitution protects the nation’s interest. The Texas Constitution has been amended more than 300 times whereas the US Constitution includes the Bill of Rights and the subsequent
“The Parliament shall, subject to the Constitution, have power to make laws for the peace, order, and good government of the Commonwealth with respect to: (xxi) Marriage: (xxii) Divorce and matrimonial causes; and relation thereto, parental rights and the custody and guardianship of inf...
The Constitution is one of the most significant file and certificate in the United States, the constitution of United States of America was created by Thomas Jefferson and James Madison in the state of Philadelphia and in the year of 1787. The Constitution changed the life of people; furthermore, when the constitution was created, it provided different types of freedom for different people. The constitution of United States includes about twenty seven amendments, which the ten first amendments are most important, because they relate to basic freedom and equality of people. According to http://www.law.cornell.edu/constitution/preamble; The preamble of constitution of United States says that “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America” The constitution task is to try to defend and protect the people of United States; furthermore, it concludes different ages of people not a particular type of people. Actually, people of United States are free people intrusive Federal government doesn’t interfere in their life. The persons who wrote the constitution, tried to make a nation that a particular person doesn’t control all the affairs of the country; in addition, the European countries were absolutely monarchy which cause the people not decide and control everything. The United States doesn’t have queens or kings and no one is above the law. The United Stat...
Constitution is a necessary feature as it defines how power is disseminated within the government and establishes the rights of the citizens and the laws and rules for the country. In order to be successful, a country’s should reflect and satisfy every citizen’s needs and interests.
Legal Pluralism is the presence of various legal systems within a single country or a geographical area. Legal Pluralism is omnipresent although it is generally assumed to exist in countries only with a colonial past. This is because in most countries with a colonial past, colonial laws co-exist alongside indigenous laws. However, if we look at the expansive definition of legal pluralism, it can be said that every society or country if legally plural. The modern definition of legal pluralism also deals with the issues of relation between state and non-state legal orders. It shows the dichotomy that exists between customary legal norms and state law. The judiciary of India has upheld this principle of pluralism in many cases by showing that
The rule of law, simply put, is a principle that no one is above the law. This means that there should be no leniency for a person because of peerage, sex, religion or financial standing. England and Wales do not have a written constitution therefore the Rule of Law, which along with the parliamentary Sovereignty was regarded by legal analyst A.C Dicey, as the pillars of the UK Constitution. The Rule of Law was said to be adopted as the “unwritten constitution of Great Britain”.
...n questioned. It has been suggested time and again that the sovereignty of parliament arises from common law and may be overridden by basic norms of the same common law in some scenarios, particularly the central elements of the principle of rule of law, such as access to justice.
Even though Malaysia’s law system is similar to English Common law system, things like family conflicts and small conflicts at work are so...
Malaysia was once a colonized land and known as Malaya back then. Malaysia is one of the Commonwealth countries, which means Malaysia was one of the British colonies.
Patent protection in Malaysia is governed by the Patents Act 1983, and is obtainable by either or filing a direct national application or entering the national phase of a Patent Cooperation Treaty (PCT) application. There are two patent classifications that an applicant can choose upon application, the standard patent or design patent and the utility patent.
According to Reference.com (2007), law is defined as: "rules of conduct of any organized society, however simple or small, that are enforced by threat of punishment if they are violated. Modern law has a wide sweep and regulates many branches of conduct." Essentially law is the rules and regulations that aid in governing conduct, handling disputes, and dealing with criminal actions.
have no power to declare laws passed by the Parliament invalid. In contrast to the UK, the legislature is
Certainly one may think that the constitution and constitutional courts are the “weapons” in hands of power to set down mutual interests and relations. However, constitutional law, establishing a framework for the society and its members, belongs to every and each one, who can count on it either it is unwritten or written.