English Law in Malaysia Overview
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Questions and Answers

What is the nature of subsidiary legislation within the Malaysian legal system?

  • It refers to common law principles.
  • It represents international treaties incorporated into domestic law.
  • It is law created by administrative bodies under the authority of an enabling act. (correct)
  • It is law enacted only by state legislatures.

Which of the following reflects the characteristics of unwritten law in Malaysia?

  • It is derived from international legal standards.
  • It includes legislation passed by Parliament.
  • It consists primarily of customary law and judicial decisions. (correct)
  • It is documented and codified for public access.

How is English law applied in the Malaysian legal system?

  • It is automatically recognized as the supreme law.
  • It is applicable only where there is no local law conflicting with it. (correct)
  • It is ignored in all legal matters.
  • It replaces all existing local laws.

What area of law does Islamic law primarily govern in Malaysia?

<p>Family law and personal matters. (D)</p> Signup and view all the answers

What is the main purpose of commercial law in Malaysia?

<p>To govern the rights and obligations of parties in business transactions. (D)</p> Signup and view all the answers

Which of the following is NOT considered a form of written law in Malaysia?

<p>Judicial decisions. (C)</p> Signup and view all the answers

Which of the following best describes the role of the Federal Constitution in the Malaysian legal system?

<p>It is considered the supreme law and establishes the framework of governance. (D)</p> Signup and view all the answers

What function does customary law serve in the context of Malaysian law?

<p>It regulates social behaviors and community relationships. (C)</p> Signup and view all the answers

What is the primary purpose of subsidiary legislation?

<p>To provide details on laws that the legislature cannot address (B)</p> Signup and view all the answers

Which of the following is NOT a source of unwritten law in Malaysia?

<p>Federal Constitution (B)</p> Signup and view all the answers

Under which conditions does English law apply in Peninsular Malaysia?

<p>When local legislation is absent (C)</p> Signup and view all the answers

What influences the application of English law in Malaysia?

<p>Local circumstances and qualifications (D)</p> Signup and view all the answers

Which of the following is an example of unwritten law in Malaysia?

<p>Sharia Law (C)</p> Signup and view all the answers

Who may enact subsidiary legislation under the Prevention and Control of Infectious Diseases Act?

<p>Specified Ministers and local authorities (D)</p> Signup and view all the answers

What is the significance of the Proviso to section 3(1) of the Civil Law Act 1956?

<p>It ensures the application considers local circumstances. (B)</p> Signup and view all the answers

Which statement about the control of movements under the Prevention and Control of Infectious Diseases Act is accurate?

<p>Regulation 3 provides guidelines for movement control. (C)</p> Signup and view all the answers

What are the two primary limitations for the application of English law in Malaysia?

<p>Absence of local law and suitability to local circumstances (C)</p> Signup and view all the answers

When is English commercial law applied in West Malaysia according to the Civil Law Act 1956?

<p>As it stood on April 7, 1956 (C)</p> Signup and view all the answers

In which states does Section 5(2) provide that English law applicable at the time of the case is used?

<p>Penang, Malacca, Sabah and Sarawak (A)</p> Signup and view all the answers

What was the court's ruling in the case of Kon Thean Soong v Tan Eng Nam regarding English Partnership law?

<p>It was not applicable due to existing local law (D)</p> Signup and view all the answers

What aspect of English commercial law did the Privy Council note as being unaddressed in Section 5?

<p>Its suitability to local circumstances (B)</p> Signup and view all the answers

What is the consequence of having many local statutes relating to commercial law in the states of Penang and Malacca?

<p>Local statutes override the application of English law (B)</p> Signup and view all the answers

What is indicated about English commercial law in relation to local circumstances based on the discussed case law?

<p>It must align with local customs and conditions (D)</p> Signup and view all the answers

What principle regarding mercantile law is expressed for West Malaysia under the Civil Law Act 1956?

<p>It is solely based on existing English principles (D)</p> Signup and view all the answers

Flashcards

English Law in Malaysia

English law applies unless local laws are absent or unsuitable.

Civil Law Act 1956

This Act governs the application of English law in West Malaysia.

Section 5(1) of Civil Law Act

Applies English commercial law principles as of 7th April 1956 in West Malaysia.

Section 5(2) of Civil Law Act

States applicable law in commerce for specific regions unless local laws exist.

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Kon Thean Soong v Tan Eng Nam

Court ruled English Partnership law is not applicable due to the Contracts Ordinance.

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Shaik Sahied b Abdullah Bajerai v Sockalingam Chettiar

Privy Council ruled English Moneylenders' Act inapplicable, emphasizing local suitability.

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Subsidiary Legislation

Laws created for detailed regulation when Parliament lacks resources.

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Sources of Malaysian Law

Malaysian law is derived from both written and unwritten sources.

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Written Law

Laws enacted by Parliament and State Assemblies, including constitutions.

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Federal Constitution

The supreme law of the land that governs Malaysia.

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Article 4(1)

States the Federal Constitution is the supreme law of Malaysia.

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Legislative Body

Part of the Constitution that establishes law-making institutions.

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Executive Body

Part of the Constitution governing administration and enforcement.

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Judicial Body

Part of the Constitution responsible for interpreting laws.

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Relationship between Federation and States

The Federal Constitution defines power distribution and governance.

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Fundamental Rights

Rights provided by the Constitution to individuals.

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Examples of Fundamental Rights

Includes freedom of speech, assembly, and association.

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Parliament

Federal body that enacts laws in Malaysia.

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State Legislative Assemblies

State bodies that create laws at regional levels.

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Legislation

Laws formally enacted by Parliament or State Assemblies.

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Local Authorities

Entities allowed to create subsidiary legislation at local levels.

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Yang di-Pertuan Agong

King who has powers to enact subsidiary legislation.

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Study Notes

English Law in Malaysia

  • English law is applied in Malaysia subject to two limitations: the absence of local law and the suitability of English law to local circumstances.
  • English commercial law is administered in West Malaysia based on Section 5 of the Civil Law Act 1956.

Section 5 of the Civil Law Act 1956

  • Section 5(1) states that in West Malaysia (excluding Penang and Malacca), English commercial law principles are applied as they were in England on 7th April 1956, in the absence of local legislation.
  • According to Section 5(2), in Penang, Malacca, Sabah and Sarawak, the law to be administered in matters of commerce is the same as would be administered in England at the corresponding period, unless local laws exist.

Case Law and Application of English Law

  • Kon Thean Soong v Tan Eng Nam, the court ruled that English Partnership law was not applicable in Malaysia as the Contracts (Malay States) Ordinance already regulated the matter.
  • In Shaik Sahied b Abdullah Bajerai v Sockalingam Chettiar, the Privy Council determined that the English Moneylenders' Act was not applicable to the Straits Settlements, emphasizing the need for English commercial law to be suitable to local circumstances.

Subsidiary Legislation

  • Subsidiary legislation is enacted to provide specific rules and details for matters that Parliament and State Legislatures lack time or technical knowledge to cover.
  • This delegation of power allows for more efficient and detailed regulation of everyday matters.
  • Examples of entities empowered to create subsidiary legislation include the Yang di-Pertuan Agong, Ministers, and local authorities.

Sources of Malaysian Law

  • Malaysian law is derived from both written and unwritten sources.

Written Law

  • Written law is enacted by Parliament (federal) and State Legislative Assemblies (state).
  • Written law consists of:
    • The Federal Constitution
    • The state constitutions
    • Legislation enacted by Parliament and State Assemblies
    • Subsidiary legislation

Federal Constitution

  • The Federal Constitution is the supreme law of the land, as stated in Article 4(1).
  • The Constitution:
    • Establishes legislative, executive, and judicial bodies.
    • Governs the relationship between the Federation and its states, including the distribution of powers.
    • Provides fundamental rights to individuals (e.g., Freedom of speech, assembly, and association).

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Description

This quiz explores the application of English law in Malaysia, focusing on the limitations and the specific provisions under the Civil Law Act 1956. It highlights important cases and the circumstances under which English commercial law is administered across different regions of Malaysia.

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