Law in Malaysia

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Parliament may pass the power to legislate any subsidiary legislation during emergency, even if there are any contradictions with the Federal Constitutions involved, due to some exception in Article 150 of Federal Constitution. The related case is Eng Keock Cheng v. Public Prosecutor. In this case, Eng Keock Cheng who was convicted committed 2 offences during emergency period and was ordered to put to death. He appealed on the ground that there were neither a preliminary enquiry nor a jury adopted by High Court which were required under Criminal Procedure Act and claimed that the procedures set out in Emergency (Criminal Trial) Regulations 1964 was invalid as it contradicts with Article 8 of Federal Constitution. It was held that Parliament may pass the power to legislate any subsidiary legislation during emergency, even if there are any contradictions with the Federal Constitutions involved, due to some exception in Article 150 of Federal Constitution. The appeal was dismissed. 14
Unwritten laws are laws that are not enacted and not found in any constitution. It comprises of English law (Common Law and Equity), judicial decisions and customs. Common Law is a major part of many States, especially Commonwealth countries. It is mainly made up of non – statutory laws, which are the precedents derived from judgments given on real cases by judges. Law of Equity resolves disputes between persons by referring to principles of fairness, equality and justness. In these cases, nothing was done against the law by the parties to dispute, but their rights are in conflict. Thus, it is different from law; both the Statutory Law enacted by Parliament and State Legislatives and Common Law which consists of precedents and opinions given on real cases by judges. 15
Page 1 and 2: Law in Malaysia Prepared by :- Musb
Page 3 and 4: Law protects basic individual right
Page 5 and 6: Malaysian sources of law comprises
Page 7 and 8: The laws of Malaysia can be divided
Page 9 and 10: Federal Constitution is said to be
Page 11 and 12: State Constitution is the same as F
Page 13: Article 74 of Federal Constitution
Page 17 and 18: But it is not stated that the Commo
Page 19 and 20: In the case Smith Kline & French La
Page 21 and 22: The case law related to the boundar
Page 23 and 24: English Commercial Law applies in P
Page 25 and 26: The case related is United Malayan
Page 27 and 28: Persuasive precedent is a precedent
Page 29 and 30: Adat Perpatih applies in Negeri Sem
Page 31 and 32: After the establishment of Law Refo
Page 33 and 34: Sections 3 and 5 of the Civil Law A
Page 35 and 36: Before January 1, 1985, the Federal
Page 37 and 38: Executive power is vested in the ca
Page 39 and 40: The states of Sabah and Sarawak joi
Page 41 and 42: Malaysia has an exemplary record of
Page 43 and 44: Malay privileges are offset by safe
Page 45 and 46: The jurisdiction of the courts in c
Page 47 and 48: The current President of the Federa
Page 49 and 50: List of Chief Justices of the Feder

Law in Malaysia

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