Discuss The Application Of English Law In Malaysia

4 4 the application of english common law and rules of equity limitations under the civil law act 1956 the direction under the civil law act 1956 to apply the common law of england and rules of equity is limited in west malaysia by the cut off date of 7 april 1956.

Discuss the application of english law in malaysia. It has become the personal law of the garrison members. Law finals malaysia legal history preview text application of sections 3 5 and 6 of the civil law act 1956 when malaysia was formed in 1963 there were three separate statutes authorising the application of english law which are s 3 5 6 of the civil law ordinance 1956 in peninsular malaysia application of laws ordinance 1956 in sabah and application of laws ordinance 1949 in sarawak. One of the sources of malaysian law is english law explain how english law and the other sources of law form part of the law of malaysia the law of malaysia mostly based to the common law legal system it was a final result of the colonisation of malaya sarawak and north borneo by britain in between 19th century to 1960s. English law and it s application in malaysian court english law in virtue article 160 of federal constitution includes the common law in so far as it is in operation in the federation or any part thereof.

Therefore the english law cannot be the lex loci. That qualification concern the extend to which english law is applicable. Although the act survives to. This day it has not been immune from criticisms and constant calls for its abolition or amendment.

In other words english law was introduced to penang through the first charter of justice in 1807. The common law of england after the cut off date statutes of general application after 1951 1949 principles of common law in other countries common custom of people of malaysia etc. The law of malaysia is mainly based on the common law legal system that means that english law forms part of the laws of malaysia. In formulating malaysia s own common law the court is free to look at any source of law local or non local.

Common law is a major part of many states especially commonwealth countries. The common law is based on the principle of deciding cases by reference to previous judicial decisions rather than to written statutes drafted by legislative bodies. Application of english law in malaysia but not without limitations. It was also further emphasize that once the law of england was introduced in any state no other law would be enforced except the english law.

English law in malaysia essay sample.