What Is Malaysian Legal System
Like many commonwealth countries malaysia inherited its political legal and administrative systems from england.
What is malaysian legal system. The malaysian legal system is a complex product of its history particularly as a british colony. In malaysia we practice adversarial system which means that it is the parties through their advocates who control the course of inquiry. It has original jurisdiction in constitutional matters and in disputes between states or between the federal government and a state. And it has a federal constitution and a 13 state constitutions federal constitution is the supreme law of the land.
A a tell me something about our courts are you curious. Malaysia s legal system is based on english common law alongside a sharia court system for malaysian muslims. This was a direct result of the colonisation of malaya sarawak and north borneo by britain between the early 19th century to 1960s. Legal systems in asean.
To a large extent therefore there are many similarities between the legal systems of both these countries. The supreme law of the land the constitution of malaysia sets out the legal framework and rights of malaysian citizens. It is a predominantly common law country with a separate islamic law system. Similar to federal states the eu legal system ensures compliance from the member states because of the union s decentralized political nature.
Also referred to as the law of the european union or community law it is the unique and complex legal system that operates in tandem with the laws of the 27 member states of the european union eu. Federal laws enacted by parliament of malaysia that apply throughout. Malaysia practises a parliamentary democracy and has a constitutional monarchy just as the united kingdom. The malaysian court system 2016 04 26 fadzel.
The parties decide what evidence shall be adduced subject to the rules of admissibility and it is on the basis of the admissible evidence adduced by the parties that the court must come to a decision. Malaysia s unique legal system is designed to balance the delicate racial and religious needs of its heterogeneous people. The federal court reviews decisions referred from the court of appeals. State constitution is law made by state to govern her own state.
A a this article is for general informational purposes only and is not meant to be used or construed as legal advice in any manner whatsoever. Malaysia open access from the asean law association. Malaysia is a federation of 13 states and 3 federalterritories.