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    WAL

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    muhammad muhammad
    The document discusses different aspects of the Malaysian legal system including: 1) Public law governs relationships between individuals and the government while private law governs relationships between private individuals and organizations. 2) Malaysia's court system is divided into superior courts like the Federal Courts and Courts of Appeal, and subordinate courts like Session Courts and Magistrates Courts. 3) Sources of law include historical customs, written laws like the Federal Constitution and legislation, and unwritten laws from common law and equity rules.

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    WAL

    Uploaded by

    muhammad muhammad
    26 views3 pages
    The document discusses different aspects of the Malaysian legal system including: 1) Public law governs relationships between individuals and the government while private law governs relationships between private individuals and organizations. 2) Malaysia's court system is divided into superior courts like the Federal Courts and Courts of Appeal, and subordinate courts like Session Courts and Magistrates Courts. 3) Sources of law include historical customs, written laws like the Federal Constitution and legislation, and unwritten laws from common law and equity rules.

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    The document discusses different aspects of the Malaysian legal system including: 1) Public law governs relationships between individuals and the government while private law governs relationships between private individuals and organizations. 2) Malaysia's court system is divided into superior courts like the Federal Courts and Courts of Appeal, and subordinate courts like Session Courts and Magistrates Courts. 3) Sources of law include historical customs, written laws like the Federal Constitution and legislation, and unwritten laws from common law and equity rules.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    26 views3 pages

    WAL

    Uploaded by

    muhammad muhammad
    The document discusses different aspects of the Malaysian legal system including: 1) Public law governs relationships between individuals and the government while private law governs relationships between private individuals and organizations. 2) Malaysia's court system is divided into superior courts like the Federal Courts and Courts of Appeal, and subordinate courts like Session Courts and Magistrates Courts. 3) Sources of law include historical customs, written laws like the Federal Constitution and legislation, and unwritten laws from common law and equity rules.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 3

    TUTORIAL QUESTIONS

    1. Public Law

     Public law administers the relationship between the government and individuals.
     It comprises of standards governing the relationship between various branches of the
    government .

    Private law

     The private law is the body of law which govern the relationship between private individuals.
     Private law characterizes the rights and obligations of people and private NGO .

    2. Malaysia courts hierarchy divide by 2 :

    First , superior courts and subordinate courts .

    Superior courts

     Federal Courts
     Courts Of Appeal
     High Courts

    Surbodinate Courts

     Session Courts
     Magistrates Courts
     Other Courts

    3. Source of law divide by 5

    First , SOURCES OF LAW

    • HISTORICAL: Religious beliefs, local customs, opinion of jurists

    • LEGAL SOURCES: These are the legal rules that make up the law

    • PLACES: Statute, law reports, text books

    Second ,WRITTEN LAW

    • FEDERAL CONSTITUTION

    • STATE CONSTITUTION

    -regulate the government of the state

    Third , LEGISLATION

     Law enacted by a body constituted forthe purpose of enacting laws

    Fourth , CUSTOMS
     Malay customary law-Natural law & custom of the natives of Sabah & Sarawak
     Chinese Customary
     lawHindu Customary Law
     Muslim Law

    Fifth , UNWRITTEN LAW

     Found in common law and rules of equity .

    4 . Law making process

     Recommendation
    -A draft legislation is proposed by a certain minister or ministry.

    -For example, Malay Mail Online (MMO) reported Prime Minister Datuk Seri Najib Razak as
    saying that a law was needed to curb fake news in the country, before a committee was set
    up to draft it.

     Formulation
    -Contents of the draft legislation is usually formulated by the Attorney General Chambers of
    Malaysia, before being introduced as a bill into the Parliament.

    -In the case of the anti-fake news bill, MMO reported that a special committee was formed
    on 30 January to draft laws on preventing fake news.

     First reading in Dewan Rakyat


    -The First Reading is perceived to be just a formality, where a minister in the Dewan Rakyat
    reads out only the title of the bill.

    -MPs are not allowed to debate and discuss about the bill yet.

     Second reading in Dewan Rakyat


    -The second reading is regarded as one of the most crucial stages in this process
    -The Bill goes through a parliamentary debate on its principles and contents in the Dewan
    Rakyat.

     Discussion
    -Contents of the Bill is discussed thoroughly at the committee stage in the Dewan Rakyat.
    -According to LawTeacher, MPs group themselves into several committees to deliberate the
    bill, but they are not allowed to discuss what had been debated in the second reading.
    -For instance, after the anti-fake news bill was passed at second reading, Malaysiakini
    reported that amendments to the bill were passed at the committee stage.

     Third reading in Dewan Rakyat


    -Members of the Dewan Rakyat will be notified in this stage that the bill has gone through
    the first three stages.
    - If there is no objection, the bill is ready to be passed to Dewan Negara.

     Debate in Dewan Negara


    -Debate in the Dewan Negara goes through a similar process as it did in the Dewan Rakyat.

    -Nonetheless, the Dewan Negara can only delay a bill's passage by a maximum of a year
    before it is sent to the Yang di-Pertuan Agong.

    -The Star reported that Dewan Negara has only amended less than five Dewan Rakyat bills
    since 1959.

     Submission to Yang di-Pertuan Agong to be gazetted


    -Once the Bill is passed in the Dewan Negara, it will be submitted to the Yang di-Pertuan
    Agong to obtain his consent.

    -However, a bill will become law after 30 days, even if the Agong does not assent to it.

    -For example, the National Security Council Bill was the first bill in Malaysia to be passed
    without the Agong's consent.

    5. Role and funtions of organs government

     Legislature
    -manage and enforce the law
     Executive
    -draft and amend the law
     Judiciary
    -cannot be amended
    -must be by Malaysia act

    6.

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