Federal and State Constitutions

Federal Constitution

• Federal Constitution is the supreme law of the country and can only be changed by a two-thirds majority of the total number of members of the legislature.
• It lays down the powers of the Federal and States Governments and enshrines fundamental rights of the individual.

State Constitution

• Each State has its own constitution, which regulates the government of that state.
• The State Constitution contains provisions enumerated in the Eighth Schedule to the Federal Constitution.

Legislation

• Legislation refers to law enacted by a body constituted for this purpose.
• In Malaysia, laws are legislated by Parliament at federal level and by the State Legislative Assemblies at state level.
• Laws enacted by Parliament before 1957 are called Ordinances, while those made after 1957 are called Acts.

Judicial Decisions

• Malaysian laws can also be found in the judicial decisions of the High Court, Court of Appeal, Federal Court, and the then Supreme Court, Federal Court, and the Judicial Committee of the Privy Council.
• The system of binding judicial precedent, called stare decisis, is practiced in England, Malaysia, and other common law countries.

Federal System

• Malaysia is a Federation of thirteen States with a written constitution, the Federal Constitution.
• The Federal Constitution establishes a Westminster type of parliamentary government with no separation of the legislative and executive branches.
• The judiciary remains separate and independent.

Sources of Malaysia Law: Muslim Law

• Muslim law applies to all persons who are Muslims and is of particular importance in family matters (e.g. marriage and divorce) and estate matters relating to the division of property and assets when a person dies.
• The Federal Constitution provides that States have the power to administer Muslim Law.
• The courts which enforce Muslim Law in the country are the Syariah Courts.