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The Charter is the most significant event in Malaysian legal history as it marked the beginning of the statutory introduction of English law into this country. The Charter established the Court of Judicature of the Prince of Wales' island (as Penang was then known) to exercise jurisdiction in all civil, criminal and ecclesiastical matters.
The law of Malaysia is mainly based on the common law legal system. This was a direct result of the colonisation of Malaya, Sarawak, and North Borneo by Britain between the early 19th century to the 1960s. The supreme law of the land—the Constitution of Malaysia—sets out the legal framework and rights of Malaysian citizens.
Sources of law are the origins of laws, the binding rules that enable any state to govern its territory. The terminology was already used in Rome by Cicero as a metaphor referring to the "fountain" ("fons" in Latin) of law. Technically, anything that can create, change, or cancel any right or law is considered a source of law. [1]
Malaysia has two sources of law. [44] The national constitution, the nation's supreme law, can be amended by a two-thirds majority in parliament. (Since its formation, the BN has never lacked the necessary two-thirds until 8 March 2008's General Election) The second source of law is sharia (Islamic law), which applies only to Muslims.
In each of the Malay states, State Enactments, and in Melaka and Penang, resolutions of the State Legislatures, approving and giving force of law to the federal constitution. The Federal Constitution was significantly amended when Sabah, Sarawak, and Singapore joined the Federation to form Malaysia in 1963. [5]
However, contemporary Malaysia regards the entire history of Malaya and Borneo, spanning thousands of years back to prehistoric times, as its own history. [ 1 ] [ 2 ] [ 3 ] The first evidence of archaic human occupation in the region dates back at least 1.83 million years, while the earliest remnants of anatomically modern humans are ...
The Federal Constitution of Malaysia (Malay: Perlembagaan Persekutuan Malaysia), which came into force in 1957 as the Constitution of the Federation of Malaya and was amended in 1963 to form the Constitution of Malaysia, is the supreme law of Malaysia and contains a total of 183 articles. [1]
The following is a list of acts of the Parliament of Malaysia by citation number. The list includes all principal laws of Malaysia enacted after 1969 and pre-1969 laws which have been revised by the Commissioner of Law Revision under the authority of the Revision of Laws Act 1968. Repealed acts and acts not yet in force are stricken through.