Characteristics Of Written Law In Malaysia

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1.1 WRITTEN LAW Written law consists of Federal Constitutions, State Constitutions, Legislation and Subsidiary Legislation. The Written laws are much influenced by English laws because many of the characteristics of English legal system was maintained by Malaysian legal system

The Federal Constitution is the supreme law in Malaysia. It is the fundamental law of the land, a kind of ‘higher law’ which is used as a measurement to measure the validity of all other laws. The foundation of this Federal Constitution of Malaysia is Federal Constitution of Malaya that was drafted by Reid Commission. Any law inconsistent with the Federal Constitution may be challenged in court. Yang di-Pertuan Agong act as the Head of the Federal Constitution and it was divided into three authorities. There are executive authority which is led by prime minister, legislative authority is the Parliament which consists of House of Representatives and the Senate, and the Federal Court leads the judiciary. If the total number of the members is two-thirds of majority of it, the Constitution can be change.
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Johor was the first state to have a written constitution by Sultan Abu Bakar. Each State Constitution is required under Article 71(4) of the Federal Constitution to contain the so-called ‘essential provisions’ set out in the Eight Schedule, for harmonious integration with the Federal Constitution. If a State Constitution does not contain these provisions, Parliament ensured not only compliance of State Constitutions with the Federal Constitution, but also uniformity in the State Constitutions concerning the structure of

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