Law and Society: Public Law – Constitutional Law eJournal Before the introduction of the Royal Charter of Justice in 1807, the laws used to regulate the rules of conduct within society in Penang were local customs and laws. However, many complaints and petitions were made by the population to British administrators about the unfairness of the laws in force and the need to introduce a better legal system, which then led to the introduction by British administrators of the Royal Charter of Justice in 1807, which contains the English law used in England. The Charter However, the application of English law by the Royal Charter of Justice in Penang in 1807 was not mandatory, as the Charter provided that English law was to be exercised to the extent permitted and accepted by religions, customs, and local populations. Therefore, English law is considered a convincing authority in which it does not necessarily have to be applied, but is very influential. This persuasive force is still relevant to the regulation of Malaysia`s current laws, as although English law is not written into the laws governing the country, many laws enacted by Parliament and legislators were based on English law. The Federal Constitution of Malaysia itself has been structured on the basis of common law values, demonstrating the strong influence of English law on Malaysian law. established the Court to exercise jurisdiction in all civil and criminal cases in Penang. This question will examine the application of English law in Malaysia and identify the relevant laws and rules that enshrine these rules. Sorry, the preview is currently not available.

You can download the document by clicking on the button above. Malaysia has a mixed legal system that applies a mix of common law, Islamic law and customary law aimed at balancing the racial and religious needs of its heterogeneous population. English law is applied in Malaysia by common law. Article 160 of the Federal Constitution provides that ordinary law is applicable “insofar as it is applicable in the Federation or in a part thereof”. Section 3 of the Civil Law Act 1956 further provides that English common law and the rules of equity may be applied. It should be noted that the application of these is only permitted in cases where no specific Malaysian law is applicable. Although English law can be applied in Malaysia, it is clear that it does not replace Malaysian law, but simply complements it. Droit et société: revue électronique de droit international et comparé. The Malaysian legal system has a complicated relationship with English law.

Although imperial ties to the legal system of the colonial metropolis have long since been severed, the pervasive influence of English law on the past, present and future development of Malaysian law is of great importance. In this context, the link between English and Malaysian public law is of particular importance. Although Malaysia`s constitutional system borrows from the Westminster tradition and its legal system is part of the common law family, the applicability of the concepts of English administrative and constitutional law is called into question by the existence of a written constitution whose provisions take legal precedence. This essay argues that throughout their history, Malaysian courts have not accompanied English law with a comparative methodology robust enough to ensure that the doctrines and standards borrowed are compatible with the Constitution. Subscribe to this paid guide for more curated articles on this topic Q: Discuss the reception of English law in Malaysia. The application of English law in the Malay states, on the other hand, began when British residents and councillors intervened in the administration of the Malay sultans, who were the principal rulers of the Malay states. With the introduction of the residential system in Perak, the Malay sultans were forced to establish the courts in the English style, and English judges were appointed. As for the States of Borneo, they were informally introduced into English law when they became British protectorates in 1888. English law was subsequently formally incorporated into the legislation of three statutes, namely the Civil Law Ordinance for Peninsular Malaysia 1956, the Law Administration Ordinance for Sabah 1951 and the Sarawak Law Enforcement Ordinance 1949. These three Acts are now incorporated into the Civil Law Act 1956. The laws in force in Malaysia can be divided into two categories, written law and unwritten law.

Written laws refer to laws enacted by parliament that have legislative powers in Malaysia. It includes the Federal Constitution of Malaysia, federal law and national law. Unwritten laws, on the other hand, refer to laws that are not promulgated by the legislature and are not enshrined in any law. Unwritten laws in Malaysia can be divided into English law or common law, syariah, common law and precedent. Keywords: Malaysia, judicial review, constitutional law, comparative law, comparative constitutional law. Section 6 of the Civil Law Act expressly provides that no English land law relating to possession, transfer or succession applies to immovable property in Malaysia, but that it is the National Land Code that governs land matters. Sia Cheng Soon v. Tengku Ismail Tengku Ibrahim [2008] 5 CLJ 201 confirms that civil law concerns only civil law and that, therefore, English criminal law is not applied in Malaysia.

Section 3 (1) (a) of the Civil Law Act 1956 provides that the Court of West Malaysia shall apply English common law and equity as applied in England on 7 April 1956. This means that only English law used in England on 7 April 1956 can be applied in West Malaysia and any further development of English law after that date cannot be applied. The British colonial period played a very important role in the formation of Malaysia`s current legal system. They brought together their constitutional government and the legal system they used in England, known as English law or the common law system at the time of their colonization. English law then remains one of the most important sources of law in Malaysia, even after the end of the colonial period, as the Malaysian laws used today were mainly enacted on the basis of this particular law. English law can still be applied and is relevant to the trial process of a case if the conditions to which it is subject are met. These conditions, set out in sections 3 and 5 of the Civil Law Act 1956, are that it must correspond to local conditions and that there are ambiguities or omissions in the laws in force in Malaysia. If both conditions are met, English law may be applied to the present case. English law or also known as common law refers to laws made by judges through court decisions, and it is applied by the doctrine of jurisprudence, which will bind future decisions made by lower courts. Section 3 of the Interpretation Acts 948 and 1967, on the other hand, defined the common law as the common law of England. This law was introduced by the British through the Three Charters of Justice applied in the Straits colony, which includes Penang, Malacca and Singapore.

The first charter, the Royal Charter of Justice of 1807, first introduced in Penang, can be considered the most important event in Malaysian legal history, as it marked the beginning of the application of English law in Malaysia.