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(i) British common law and equity The Constitution recognises common law as a source of law. Under the Civil Law Act 1956, the term ‘common law’ means British common law and equity subject to (i) cut-off dates and (ii) a local circumstances proviso.
14 Laws of Malaysia ACT 388 “Conference of Rulers” means the Majlis Raja-Raja (Conference of Rulers) established by Article 38 of the Federal Constitution;
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.
>> English Common Law and Equity • Common law - law created by customs and decisions of judges - unwritten because no complete codification. • Malaysia adopted Common law due to the colonization. • After Independence - by virtue of Sec. 3 and 5 of the Civil law Act 1956 • Sec 3 - English law applicable only if:
8 Laws of Malaysia ACT 67 (a) in Peninsular Malaysia or any part thereof, apply the common law of England and the rules of equity as administered in England on the 7 April 1956; (b) in Sabah, apply the common law of England and the rules of equity, together with statutes of general application, as administered or in force in England on 1 ...
Sep 21, 2021 · 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.
Sep 21, 2021 · Malaysia’s legal system comprises laws which have arisen from three significant periods in Malaysian history dating from the Malacca Sultanate, to the spread of Islam to Southeast Asia, and following the absorption into the indigenous culture of British colonial rule which introduced a constitutional government and the common law.
Just like any other common law jurisdiction, as Malaysian law relies heavily on judicial decisions or case law, a good system of law reporting is essential. Law reporting in Malaysia began in the latter part of the nineteenth century.
Although the Malaysian legal system is predominantly based on English common law, there are also other secondary legal systems concurrently affecting certain sections of the law, such as Islamic law and customary law.
The Bar Council is disturbed to read reports published in today’s papers containing remarks made by the Chief Justice questioning the need to use English common law after 50 years of independence and seeking its abolition.
