INTRODUCTION TO LAW

Tutorial 2
ZOEY WONG JIA ROU
THEA ZHONG SILK
WONG TECK LEE
WONG KHAI WOON

a) Discuss the sources of

Malaysia Law.

Malaysian
Law
Written
Law
Federal
Constitutio
n

State
Constitutio
n

English
Law

Unwritten
Law

Islamic
Law

Judicial
Precedent

Customs

Legislation

Common
Law

Peninsular
Malaysia

Subsidiary
Legislation

Equity

Sabah &
Sarawak

Malaysian Law

Written Law
a) The Federal Constitution
b) State Constitution
c) Legislation
d) Subsidiary Legislation

Unwritten Law
a) English Law
~Common Law
~ Equity

b) Judicial Precedents / Decisions

c) Customary Laws
~Peninsular Malaysia
~Sabah & Sarawak

Islamic Law(Syariah)

b) What is Federal
Constitution

Federal Constitution

TheFederal Constitution of Malaysia, which came into force in 1957, is the

supreme law ofMalaysia.

The Constitution establishes the Federation as a constitutional monarchy

having theYang di-Pertuan Agongas theHead of Statewhose roles are
largely ceremonial.

Malaysia is a Federation ofthirteen states with one written Constitution.

Article 4(1) of the Federal Constitution declares the Constitution as

thesupreme law of the land .

It is essential tostipulate the powersof the Governments of Federal and

State level.

Federal Constitution enshrines thefundamental rights of the individual.

The rights written can only be amended by a special majority oftwo-thirdsof

the total number of members of the legislature .

c) Elaborate the importance of Federal

Constitution after gaining Independence
in 1957

It provides for the establishment and

the organisation of three main
branches of the government: the
bicameral legislative branch called the
Parliament, which consists of the House
of Representatives (in Malay,Dewan
Rakyat) and the Senate (Dewan
Negara); the executive branch led by
the Prime Minister and his Cabinet
Ministers; and the judicial branch
headed by the Federal Court

The document also defines the rights

and responsibilities of the federal
government, the member states of the
federation and the citizens and their
relations to each other.

Source:

https://en.wikipedia.org/wiki/Constitution_of_Malaysia

The below provisions are maintained in the present Constitution of

Malaysia and constitute its important basic features.

establishment of a strong Central Government with the States

enjoying a measure of autonomy and with machinery for
consultation between the Central and State governments on
certain financial matters to be specified in the Constitution.

safeguarding of the position and prestige of Their Highnesses as

constitutional Rulers of their respective States;

constitutional Head of State, the Yang di Pertuan Agong, for the

Federation to be chosen from among Their Highnesses the Rulers.

safeguarding of the special position in the present Constitution of

Malaysia and constitute its important basic features.