While in Malaysia, constitutional supremacy is applied. In the English legal system, a case can be pursued in the English courts (domestic courts) as well as in the European Court of Human Rights (an international court). However in the Malaysian legal system, a case can only be pursued in the Malaysian courts (domestic courts). Conclusion
Customary law is “traditional common rule or practice” that is not an actual part of official legislation. One of these, for the wizarding world, is not using magic to coerce or cause harm. Statutory laws are created by a legitimate, legislative body and can be reinforced. Examples of statutory laws are, the International Statute of Secrecy, the Decree for the Restriction of Underage Sorcery, various treatises and the laws against the Unforgiveable Curses. Statutory laws are enforced throughout the series because they come directly from the Ministry of Magic and even though they do not come from a legislative power they are clearly defined and it is those laws that define if the Ministry has
A just order cannot be brought about unless laws take into account individuals or groups in society. Also, the administrator who has no discretion in implementing schemes and requirements will result in inequalities and injustice. A modern society has various complex issues which cannot be tackled by uniform laws and without giving discretion to administrators. Thus, if the rule of law stands for justice, its contents must be
Some people think this code represented justice and fairness in the society which contribute to the stability and prosperity of the society. On the contrary, some people think the purpose of this code is to enhance the power of the ruling class. Both of them have their supporting facts and theories, so it is hard to decide whether the code plays a positive role in the human history or not. I choose three pieces of law form the code which represent the intension of the code in order to determine if it is inclined to justices or to governance. I analyze these law based on the indications-the apply/benefit group of people, the fairness of the law, the practice of the law.
Firstly, we believe our respondents have personal experience with the racial advantage to Malays. When asked if respondents personally believe Malays have special privileges in Malaysia, a majority of 48 (96%) agreed that they do (Haque, 2003). This was consistent with our research. As stated before, the Malaysian Federal Constitution holds specific privileges for natives and bumiputeras only (Pusat Komas Malaysia, 2015).
Nicholas Zirpoli Law and Society Professor Weiss September 25, 2015 Unit 1 Legal Systems Unit 1 explores the legal systems of the world starting with the United States. We learned things from how the government was created, to the Bill of Rights. Its all about the laws and how it affects our society as a whole. We also take a look into different governments like France, China, and Saudi Arabia and compare them with our own government.
SYSTEM. The aim of this project was not to judge which legal system is better: civil law or common law. Each legal system may have some advantages and deficiencies which will discuss. If a foreign legal system has some advantages, why not merge them in the national legal system?
In this paper, I will explain the difference between case law and statutes. Lastly, I will explain how a public administrator may implement case law and statutes differently. Case law or common law also known as court-made law is laws that permit judges to render decisions based on the ruling of previous cases with similar situations. (Currier and Eimermann) In other words, judges read existing laws and based on whatever they read, make a written decision.
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
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 extent of the encroachment on matters beyond its competence may be an element in determining whether the legislation is colourable: whether in the guise of making a law on a matter within its competence, the legislature is, in truth, making a law on a subject beyond its competence. However, where that is not the position, the fact of encroachment does not affect the vires of the law even as regards the area of encroachment. The first task in the pith and substance analysis is to determine the pith and substance or essential character of the
Another example of Malay privileges can be seen through jobs qualifications. To acquire a job in Brunei, it is essential to have excellent Malay language skills which can be obtained and seen through resume and CV. In this regard, the system can be seen as being biased towards the Malays as Malay is their native language. On the contrary, other ethnic groups suffer from this discrimination because they are required to learn the Malay language that is not their forte to get a decent job and make a living in
In Malaysia, the court at the top of the hierarchy is the Federal Court. This means that all the courts are bound by its decision. Next is the Court of Appeal, then the two High Courts, and then the subordinate courts. The courts may not decline to follow the higher court’s decision on grounds that it is wrong or rendered obsolete by changing conditions or even by per incuriam. A case where the vertical operation was applied is in Harris Solid State (M) Sdn Bhd & Ors v Bruno Gentil s/o Pereira .