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1.1. The History

1.1.1. The Legal System a system of law that a country follows Malaysia adapts the English Model

1.1.2. History was once a British colony 1957: independence day 1963: Sabah, Sarawak and Singapore merged with Malaya 1965: Singapore seceded from Malaysia

1.1.3. English Law still continues to influence the development of our law due to the colonial past S3 Civil Law Act 1953: English law forms part of our law Peninsular Malaysia - the courts shall apply the common law of England as administered in England on 7th April 1956 Sabah and Sarawak - courts shall apply the common law as administered in England on 1st December 1951 and 12th December 1949

1.1.4. Persuasive Authority Cases and other sources of law that a court may consult in deciding a cases, but need not follow in reaching its decision. By contrast where are case is of 'binding authority', court must apply it in reaching its decision.

1.2. The Federal System

1.2.1. Characteristic of a Federal System consists of 3 federal territories and 13 states 2 level of goverment

1.2.2. Federal Constitution was initially called The Federation of Malaya (Persekutuan Tanah Melayu) Adopted its present name Malaysia when the states of Sabah, Sarawak and Singapore became part of the federation

1.2.3. Different Legislative Competence Federation have their own legislative assemblies or law - making bodies Control of the states and not the federal goverment Ninth schedule of the federal constitution

1.2.4. Federal list The Federation of Malaya established in 1957 as a constitutional monarchy having the Yang di-Pertuan Agong as the Head of States whose roles largely ceremonial.

1.2.5. Tourism Planning Federal government is responsible for overall tourism planning and development Ministry of Tourism & Culture (MOTAC) Tourism Policies and Guardlines Do not have the forces of law, government officials and the private sector tend to conform to them

1.3. Sources on Malaysia Law

1.3.1. Example: National Defence - National security concerns every state in Malaysia, it is only appropriate that this falls under the control of the Federal Goverment

1.3.2. Written Law Statues enacted by parliment Example Delegated legislation Laws made by the minister are called delegated legislation Example

1.3.3. Unwritten Law Comprises od case law or common law develop by the courts Common law English Law Customs

1.3.4. Syariah Law

1.4. Court Structure

1.4.1. Law - maker of the country Consist of YDPA, House of Representative and Senate 222 members of House of Representative 70 appointed Senator of Senate

1.5. Separation of Powers

1.5.1. 3 Main Branches of the Goverment The Parliment House of Representatives (Dewan Rakyat) The Senate (Dewan Negara) Elected for a maximum period of 5 years The Executive Prime Minister Cabinet Minister The Judicial Federal Court