NCJ Number
63185
Date Published
1978
Length
148 pages
Annotation
FOR LAW STUDENTS AND THE GENERAL READER, THIS VOLUME INTRODUCES MALYASIAN LEGAL HISTORY, COURT SYSTEM, LAWS AND STATUTES, AND CIVIL AND CRIMINAL PROCEDURE.
Abstract
PRIOR TO THE FORMATION OF MALAYSIA IN 1963, LAWS IN THE TERRITORIES OF SABAH AND SARAWAK CONSISTED OF THE FOLLOWING: (1) ORDINANCES AND ORDERS OF THE LOCAL LEGISLATURES; (2) ENGLISH COMMON LAW AND EQUITY, TOGETHER WITH STATUTUES OF GENERAL APPLICATION REGARDING NATIVE CUSTOMS AND THOSE OF OTHER INHABITANTS; AND (3) NATIVE LAW AND CUSTOMS, INCLUDING MUSLIM LAW. CURRENT UNWRITTEN SOURCES OF LAW INCLUDE PRINCIPLES OF ENGLISH LAW APPLICABLE TO LOCAL CIRCUMSTANCES, JUDICIAL DECISIONS OF THE SUPERIOR COURTS (HIGH COURTS, FEDERAL COURT, AND JUDICIAL COMMITTEE OF THE PRIVY COUNCIL), AND CUSTOMS OF THE LOCAL INHABITANTS WHICH HAVE BEEN ACCEPTED AS LAW BY THE COURTS. WRITTEN LAW IS DERIVED FROM (1) THE FEDERAL CONSTITUTION, TOGETHER WITH THE CONSTITUTIONS OF THE 13 STATES COMPRISING THE FEDERATION; (2) LEGISLATION ENACTED BY PARLIAMENT AND STATE ASSEMBLIES; AND (3) DELEGATED OR SUBSIDIARY LEGISLATION MADE BY PERSONS OR BODIES UNDER POWERS CONFERRED BY ACTS OF PARLIAMENT OR ENACTMENTS OF STATE ASSEMBLIES. THE MALAYSIAN CONSTITUTION PROVIDES FOR THE EXERCISE OF POWER BY LEGISLATIVE, EXECUTIVE, AND JUDICIAL BRANCHES OF GOVERNMENT. THE JUDICIARY HEARS AND RENDERS DECISIONS IN CIVIL AND CRIMINAL MATTERS AND DETERMINES THE CONSTITUTIONALITY OF ANY LEGISLATIVE OR EXECUTIVE ACTS. APPENDIXES INCLUDE THE CIVIL LAW ACT OF 1956, THE FEDERAL CONSTITUTION (NINTH SCHEDULE), SAMPLE LEGAL FORMS, AND THE SUBORDINATE COURTS BILL OF 1978. A BIBLIOGRAPHY IS PROVIDED. (RCB)