Sources Of Law In Malaysia Essay
First of all, I would like to brief to you about the sources of law in Malaysia. Sources of law in Malaysia are consist of three main law which are Written Law, Unwritten Law and Islamic Law. The most important law among the three laws is the Written Law. It is quite different with England, their main source of law is the Unwritten Law in the form of Common Law and the Rules of Equity. 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. The case …show more content…
Subsidiary Legislation is when enact a law, the Legislature usually makes extensive provisions on the policy and surrenders the next law in detail to other bodies or agencies. The example of the Subsidiary Legislation is usually the laws for everyday matter like parking, food standard and taxation. There are so many advantages of Subsidiary Legislation like save time for legislature. Unfortunately, there are also some flaws like the increase of executive power but reducing the power of the legislature. So, the way to control it are by judicial control, legislative control, publication and consultation. There is a case based on judicial control, the The Cheng Poh v Public Prosecutor Malaysia. The appellants were charged with possession of firearms or ammunition in a security area. The Essential (Amendment) (Security Cases) Regulations 1975 were declared to be ultra vires (beyond legal power) because it was contrary to Article 150 (2) of Federal Constitution. A legislative delegation will not be based on the Constitution if it is contrary to the
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