Law in Malaysia

Law is a system of predominates and guidelines, commonly enforced through a differentiate of institutions. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. For example, Contr affect practice of practice of lifelike rightfulness regulates everything from buying a bus tag end to trading on derivatives markets and Property legality defines rights and obligations related to the transfer and prenomen of personal and real property and so on. Then, Natural law or the law of nature (Latin lex inwroughtis) has been described as a law whose circumscribe is set by nature and is thus universal.As classic each(prenominal)y used, natural law refers to the use of reason to analyze human nature and reason binding hulks of moral behavior While Rule of Law is the downright supremacy of the law over everybody, both the rulers and the ruled. The rule of law is a legal maxim that provides that no person is above the l aw, that no genius rotter be punished by the state demur for a breach of the law, and that no one can be convicted of breaching the law except in the manner set forth by the law itself. pictorial LAWThe unwritten body of universal moral dominions that underlie the respectable and legal norms by which human conduct is sometimes evaluated and puted. Natural law is often contrasted with positive law, which consists of the written rules and regulations ordered by government. The term natural law is derived from the Roman term jus naturale. Adherents to natural law philosophy be cognise as naturalists. Naturalists moot that natural law principles atomic number 18 an inherent lineament of nature and exist regardless of whether government recognizes or enforces them.Naturalists further believe that governments must incorporate natural law principles into their legal systems before nicety can be achieved. There are three schools of natural law theory divine natural law, secular natural law, and historical natural law. Common law in Malaysia takes the form of Natural law regularisation OF LAW The Rule of Law, in its most basic form, is the principle that no one is above the law. The rule follows logically from the idea that truth, and therefore law, is establish upon fundamental principles which can be discovered, but which cannot be created through an act of lead.The most important application of the rule of law is the principle that political authority is legitimately turnd only in accordance with written, publicly break laws adopted and enforced in accordance with established procedural move that are referred to as due process. The principle is intended to be a safeguard against arbitrary governance, whether by a totalitarian leader or by mob rule. Thus, the rule of law is hostile both to despotism and to anarchy. The rule of law in its modern sense owes a prominent deal to the late Professor AV Dicey. Professor Diceys writings astir(predicate) the rule of law are of enduring significance.The essential characteristic of the rule of law are i. The supremacy of law, which means that all persons (individuals and government) are take to law. ii. A concept of justice which emphasises interpersonal adjudication, law based on standards and the importance of procedures. iii. Restrictions on the exercise of discretionary power. iv. The doctrine of judicial precedent. v. The common law methodology. vi. Legislation should be prospective and not retrospective. vii. An independent judiciary. viii. The exercise by Parliament of the legislative power and restrictions on exercise of legislative power by the executive. ix.An underlying moral basis for all law. legislative agency Source of Primary Legislation- Malaysia Legislative authority is the power to enact laws applicable to the partnership as a whole under name 66(1) of national Constitution. At federal level, the legislative power is vested in a bicameral Parliament vanguar ded by theYang di-Pertuan Agongand comprises theDewan Negara(House of Senate) andDewan Rakyat(House of Representatives). TheDewan Negarahas 70 members, of whom 44 are propose by theYang di-Pertuan Agong, and 26 elected by the State Legislative Assemblies. TheDewan Rakyatis to the full elected and has 219 members.The duration of the life of each Parliament and State Legislatures is to the highest degree five years and is split into one-year sessions, after which the session is all over or prorogued usually in September. The distribution of law-making authority between the federal and State Governments is enumerated in the Ninth Schedule of the Federal Constitution and is set out in a Federal List, State List and a Concurrent List. The main subject areas of the Federal List are remote affairs, defence, internal security, civil and criminal law, citizenship, finance, commerce and shipping industry, communications, health and labour. administrator AUTHORITY Source of Subsidiary L egislation Malaysia The Executive is vested with the authority to govern and administer the laws by way of delegated and drafts Bills as provided under Article 39 of the Federal Constitution. The power to govern that is vested in theYang di-Pertuan Agongis however exercisable by a Cabinet of ministers headed by the Prime Minister. The Cabinet is answerable to theYang di-Pertuan Agongas the head of Executive Authority in the country. Each executive act of the Federal Government flows from his Royal authority, whether directly or indirectly.However, in accordance with the principle of a democratic ruling system, the Chief Executive is the Prime Minister. TheYang di-Pertuan Agongappoints a Cabinet a council of Ministers to advise him in the exercise of his functions. It consists of the Prime Minister and an unspecified number of Ministers who must all be members of Parliament either theDewan Rakyat(House of Representatives) orDewan Negara(House of Senate). The Ministers hold differ ent portfolios and are collectively responsible for all decisions made by the Cabinet, which is the highest policy-making body in the country. Judicial Authority Source of Case Law The Judiciary is empowered to hear and look out civil and criminal matters, and to decide on the legality of some(prenominal) legislative or executive acts as provided under Article 125A of the Federal Constitution. It is in like manner conferred authority by law to interpret the Federal and State Constitutions. The courts can pronounce on the validity or otherwise of any law passed by parliament and they can pronounce on the meaning of any provision of the constitution.The jurisdiction of the Malaysian courts is determined by the Courts of Judicature issue 1964 for Superior Courts and the Subordinate Courts Act 1948 for Subordinate Courts The Malaysian Courts of Justice are made up of the Superior Courts and the Subordinate Courts. The Superior Courts comprise of the Federal Court (the highest court ), the Court of Appeal and the two High Courts. By virtue of Act 121(1) of the Federal Constitution judicial power in the Federation is vested on two High Courts of Coordinate jurisdiction and status videlicet the High Court of Malaya for Peninsular Malaysia and the High Court of Borneo for Sabah and Sarawak. In contravention with natural law Upholding the rule of law can sometimes dominate the punishment of those who commit offenses that arejustifiableundernatural lawbut not statutory law. Heidi M. Hurdraises the example of abattered womanwho rightly believes that there is a strong probability that her husband will eventually attempt to kill her and her children unless shepreemptivelykills him.If the law does not permit the acquittal of those who claimself-defensein the absence of animminent threatof harm, thusly the woman must be punished, or what will become of the rule of law? For law seemingly ceases to be law if judges are entitled to rethink its wisdom in every case to which it applies and to terminate it whenever it is inferior to the rule that they would fashion. http//www. nyulawglobal. org/Globalex/Malaysia. htm_2. _Legislative_Authority