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Overview of Legal Principles in Malaysia

Law can be defined in several ways by different legal scholars and dictionaries. Private law regulates relationships between citizens, while public law regulates relationships between the state and citizens. Substantive law deals with rights and duties, while procedural law establishes rules for applying substantive law fairly. The Federal Constitution is the supreme law of Malaysia and establishes fundamental rights and the legal framework of the government. Under the doctrine of stare decisis, judges are bound by precedents set by higher courts in previous cases with similar facts and issues. English common law can be applied in Malaysia under the Civil Law Act 1956 if there is a gap in local law, it does not contradict Malaysian written law, and local circumstances permit.

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JANNICE SOH JIA EN
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16 views3 pages

Overview of Legal Principles in Malaysia

Law can be defined in several ways by different legal scholars and dictionaries. Private law regulates relationships between citizens, while public law regulates relationships between the state and citizens. Substantive law deals with rights and duties, while procedural law establishes rules for applying substantive law fairly. The Federal Constitution is the supreme law of Malaysia and establishes fundamental rights and the legal framework of the government. Under the doctrine of stare decisis, judges are bound by precedents set by higher courts in previous cases with similar facts and issues. English common law can be applied in Malaysia under the Civil Law Act 1956 if there is a gap in local law, it does not contradict Malaysian written law, and local circumstances permit.

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JANNICE SOH JIA EN
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1)According to oxford english dictionary,law defines as the body of enacted or custom rule

recognized by community as binding.


Shorter Oxford English：Any body of rules organized and structures and related to particular
code of conduct
Jowitts’s Dictionary of English Law:A rule of action to which men re obligated to make their
conduct conformable
Sir John Wiliam Salmon : The body of principles are recognized and applied by the state in the
administration of justice
John Austin : Command issues by sovereignty and backed by sanctions
Benjamin Nanthan Cordozo：A principle of rule of conduct are established as to justify the
prediction with a reasonable certainty that it will enforced by the court if its authority is
challenged
Elaborate
In law,cite the sources
Cambridge
Rules of conduct
(Title Text book) According to General Principal of law,(author)by Lee Mei Ping law is define
as……

2) Differnetiate Private law is regulate relationship between citizen to citizen.


Public law is relationship between state and citizen

Example,Private law include Contract law,Family law and Torts Law


Public law include Constitutional law,Administrative law and Criminal law.

3)Differentiate Substantive(subject matters itself)(Almost all subject we learn in foundation is


substantive law)(Penal Code,Murder)law is body of legal rules contain in all laws which guide
the courts in decision [Link] law lays down the rules governing the manner and
procedure in which substantive law are administered 执行 and enforced by the legal
institutions
Substantive law deals with right duties and all other matters that are not matter of purely
practice and [Link] law is the rules are designed to ensure a fair and consistent
application of law to all cases that come before a court.
4)Is a Supreme law (Article 4(1)of Federal Constitution)and applicable to all [Link] out the
legal framework of the federal [Link] the fundamental rights(fundamental
liberty(Article5-13 of FC each article for different human right) of individual.
Article 5 right to life and personality
Article 6 Slaves and labour
Article8 Equality
Article 9 Provision and bannagement
Article 10 Freedom of state
Assembling
5)Doctrine of stare decisis means a judge is bound to follow the decision made by previous
higher courts (and in some court prior decision and prior decision of a court of the same
level)where the materials and facts are same. If he fails to follow the biniding precedent,the
decision will be legally wrong and it is likely to be reserved on [Link] to use Stare
Decisis is to ensure fair and predictability of decisions.
Some judges strict , if doesn’t follow doctrine of stare decisis.
Different judges do different decision if doesn’t follow doctrine of stare decisis.
Crons:If FC make wrong decisions just can wait until the Federal Court overturn it own decision
This doctrine depends on a court’s position in the hierarchy of courts & works in 2 ways
vertically and horizontally.

It operates vertically downwards when a precedent comes from a court superior in the
hierarchy to the court in which the present case is being tried binds the inferior court. The
inferior court cannot question its validity.

It may also work horizontally in which a superior court is bound by its own previous decisions
and the decisions of courts of coordinate jurisdiction.

Horizontal only for superior court is


Same level High Court in Melaka and high Court in KL
Articable for Fedareal Court

6)The S 3 (1) Civil Law Act 1956 is provide 3 conditons for the applied of English Law in
[Link] is when there is a lacuna(gaps) in the local [Link] law to be applied must not
contrary to any provisions of Malaysian written [Link] the circumstances of the state of
Malaysian and their respective inhabitant permit and subject to such qualifications as local
circumstances render necessary.

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