English Law In Malaysia

Irrespective of which side of the argument one may take the truth is that malaysia s links with english law have contributed tremendously towards the development of the plural malaysian legal system which is highly regarded in the region.

English law in malaysia. The debate on whether malaysia needs to sustain strong links with english law is likely to continue. 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. Section 3 interpretationacts 948 and 1967. This was a direct result of the colonisation of malaya sarawak and north borneo by britain between the early 19th century to 1960s.

Malaysian legal system sources of law english law. 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. That qualification concern the extend to which english law is applicable. Consequently not all english laws are applicable in malaysia.

The supreme law of the land the constitution of malaysia sets out the legal framework and rights of malaysian citizens. Common law means the. Academia edu is a platform for academics to share research papers. In article 160 of the federal constitution states the definition of law which includes the common law in so far as it is in operation in the federation or any part thereof that concerns the extent to which the english law is applicable in malaysia.

This way the english law crystallizes into a malaysian common law through the statutory doors of section 3 1. This was done by judges in many cases in the past. Section 5 of the criminal procedure code states that english law shall be applied in cases where no specific legislation has been enacted. Article 160 fc law includes written law the common law in so far as it is in operation in the federation or any part thereof and any custom or usage having the force of law in the federation or any part thereof.