Malaysia is a country with a government type of federal parliamentary democracy of federal and state level with constitutional monarchy. Technically, a constitutional monarchy is just a specific type of monarchy. Malaysia is a country that made up of 13 states and three federal territories. There are nine peninsular states which are also known as the Malay State based on historical Malay Kingdom. Each of these nine Malay States has a hereditary ruler as the head of the particular state.
The term ‘Sources of Malaysian Laws’ means the legal sources, in other words, the legal rules that make up the law in Malaysia. The main sources of Malaysian law comprise of written law and unwritten law. Written law comprises statute law and subsidiary legislation; whilst unwritten law comprises case law or common law. Written law includes the Federal and State Constitutions – the Federal Constitution is the supreme law of the land. There are also Constitutions of the thirteen States comprising the Federation, which form part of the written law in Malaysia.
The state government deals with security, finance, etc. policies and decision making and form policies and decision which are in the interest of their own region whereas central government just governs the proper functioning of the system and resolve trade related issues, tax collection, etc. This type of government is known as confederation system of government. The federal system of government is the type of government where the powers of the state and central government are divided and they are connected by the national government. The division of powers and activities are governed by the constitution.
Democracy in Malaysia Malaysia is a federation of 13 states which is operating within a constitutional monarchy under the Westminster parliamentary system and also known as a representative democracy. The federal governments of Malaysia are the supreme law of the land and are containing three main branches which is legislative, judiciary and executive. Each of the state government in Malaysia also contain their own legislative and executive bodies. All of them are operating with the principal of separation of power which to ensure that each of the branches would not abuse it’s power. Introduction of Communism in
Nations with parliamentary frameworks are U.K, Germany, Canada, Spain and Scandinavian countries. The renowned distinction between the two administrative systems lies in the idea of separation of power; in a presidential government, the executive or official branch and
In 1961 South Africa had a constitution that used the Westminster political system whereby the country had a State President that was elected by the parliament Under the Westminster political system, the country has separate powers where the Executive, Parliament, and the Judiciary were separated because before this system was introduced; all the powers were vested on the Governor-General. The executive powers were put in the State President and he was required to take the advice of the Cabinet. In this system, the State President could be removed for misconduct by resolutions taken out by both House of Parliament after there has been an investigation against him. The Parliament had all the legislative powers which consisted of the House of Assembly and the Senate. The Parliament sat in Cape Town and was allowed to meet at least once per year.
Now in the current situation all the similar powers of Governor General are vest partly with President, who acts a nominal head, and with Prime Minister who acts as real executive head. President power of promulgation of ordinance was vested with Governor General and Prime Ministers power of executing the acts were also vested with Governor General. Thereby it seems that Governor General is a combined form of President and Prime Minister. So it is transparent that our Indian Constitution provides power to President and Prime Minister which are as same as powers of Governor General of India by Government of India Act, 1935 Conclusion: In my opinion i feel that government of India Act 1935 is the basis of the government which we have today. We have inherited many characters from that act.
Written Law refers to the law embodied in the Federal Constitutions and State Constitutions. Moreover, the federal legislation, state legislation and subsidiary legislation are also included in the Written Law. The Federal Constitutions is the supreme law in Malaysia. In it there are details about the power of parliament and the state legislative council. Based on the case of Ah Thian v Government of Malaysia.
Written Law refers to the law embodied in the Federal Constitutions and State Constitutions. Moreover, the federal legislation, state legislation and subsidiary legislation are also included in the Written Law. The Federal Constitutions is the supreme law in Malaysia. In it there are details about the power
Question 1: The laws in Malaysia can be broken into two, which are written and unwritten laws. Written laws are the most crucial source of law in Malaysia. Written law consists of: (i) The Federal Constitution is the supreme law in the country. (ii) The State Constitution that comprises the 13 states of Malaysia and each possesses their own constitution, which governs that state. The 8th Schedule of The Federal Constitution recognizes the State Constitution.