MALAYSIAN LEGAL

SYSTEM

BIX 1001
Legal Studies
 WHAT IS LAW?

Law means different things to different people https://www.youtube.com/watch?v=LSFzw4qc8M8

depending on their experience of it
WHAT IS LAW?
Category of Law:-
 Contract law Emphasised on the
 Tort Law GENERAL RULE OF
CONDUCT
 Criminal Law
Basic Requirement of
 Constitution Law LAW :
 Property Law 1. Justice
 Trust Law 2. Equality
 Administrative Law
3. Freedom
 International Law
4. Morality
 Etc.
WHAT IS LAW ?
 Oxford English Dictionary
'the body of enacted or customary rules recognised by a
community as binding'
 Sir John Salmond, Jurisprudence
'the body of principles recognised and applied by the State
in the administration of justice … law consists of the
rules recognized and acted on by courts of justice.'

 John Austin, The Province of Jurisprudence Determined

“A command set by a superior being to an inferior being
and enforced by sanctions (punishments)’”
WHAT IS LAW ?
Article 160(2) of the Federal Constitution 1957
“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 in the
Federation or any part thereof”

This article envisages the law to be used in this realm to

be essentially in the written form and by necessary
implication also to encompass unwritten forms; the
latter being confined to customs and usages having the
force of law.
Law in relation to Justice
Law in relation to Justice
Justice is an abstract idea of right and wrong, fairness and
equality.
Therefore, the aims of law are mainly:-
 To attain justice in society.

 To encourage the doing of what is right or just in a

particular set of circumstances
For law to be relevant, it should not be static. It has to
evolve to keep up with the changing circumstances and
needs of each society.
Law in Malaysia
Law in Malaysia :-
 Peninsular Malaysia, Sabah and Sarawak is not
governed by the same set of laws.
 Two important links – the Parliament and the Federal
Court
 Legal systems are administered almost entirely on
the basis of the political unit known as the State’
 Every State has a government and has rules which
lay down who shall govern and how.
 However all state law must consistent with written
constitution “Federal Constitution”.
Law in Malaysia
Law in Malaysia :-
 The Federal Constitution declares itself as the supreme law of the
Federation
“Article 75 – If any law is inconsistent with a Federal law, The Federal
shall prevail and the State law shall, to the extent of the
inconsistency, be void.”
 Even law enacted by the parliament which are inconsistent with the
Federal Constitution may be declared void by the Courts.
 Are originated from:-

 - England : Common law

 - India : Criminal law and Contract law
 - Australia : Land law
Law in Malaysia
Law in Malaysia :-
 This federal law (Constitution of Malaysia) constitutes:-
• Legislations
• Courts
• Administrative aspects of law
• Powers of the government
• The government monarchy
• Rights of the citizens
 The Federal Constitution of Malaysia:-
• Yang Di-Pertuan Agong – Act as the head of
country
• Devided into three main authorities, which are...
 Y a n g D i p e rtu a n A g o n g

E x e c u t iv e A u t h o r it y L e g is la t iv e A u t h o r it y J u d ic ia l A u t h o r it y

P r im e M in is t e r P a r lia m e n t C h ie f
M in is t e r s Judge

G o ve rn m e n t S e n a te C o u rts
M in is t r ie s H o u s e o f R e p r e s e n t a t iv e

G o ve rn m e n t c it iz e n
d e p a rtm e n ts
 LAW CONCERNS ALL PARTIES!!

Client Main
The project contractor
manager
Sub
contractor
Architect
THE
CONSTRUCTION
Nom. Sub
PROJECT TEAM contractor

… and/or the community

C&S
engineer

suppliers
M&E
engineer
Bankers
Landscape Quantity
architect Surveyor
 WHAT IS A ‘STATE’ ?
Article 160(2) of the Federal
Constitution
 “State” means a state of
Federation
 Sultan or Yang Di-
Pertuan Negeri is the
head of state.
 Every State has a
government and has a
written constitution which
institute who shall govern
and how.
WHAT IS A CONSTITUTION ?
Sinha & Dheeraj, Legal Dictionary, ILBS, Petaling Jaya, p. 44
“Constitution” is the fundamental law of a state or nation.

Article 4(1) of the Federal Constitution states:

This Constitution (the Federal Constitution) is the supreme law of the
Federation and any law passed after Merdeka Day which is inconsistent
with this Constitution shall, to the extent of the inconsistency be void.
WHAT IS A CONSTITUTION ?
The Federal Constitution confers legislative power to the
Federal Parliament and the State legislatures.

Article 73 of Federal Constitution states:

In exercising the legislative powers conferred on it by this
Constitution:
a)Parliament may make laws for the whole or any part of
the Federation and laws having effect outside as well as
within the Federation;
b)The legislature of a State may make laws for the whole
or any part of that State.
Article 74 of Federal Constitution

Federal
State List
List

Federal + State Goverment

Federal Goverment
State
Goverment
WHAT IS A CONSTITUTION ?
Article 75 of Federal Constitution:
 If any State law is inconsistent with a
Federal law, the Federal law shall prevail
and the State law shall, to the extent of
the inconsistency, be void.
WHAT IS A CONSTITUTION ?
R. Rethana v The Government of Malaysia & Another
[1988] 1 MLJ 133

Repco Holdings Bhd v Public Prosecutor [1997] 3 MLJ

681

Mamat bin Daud & Others v Government of Malaysia

[1988] 1 MLJ 119

Ketua Pengarah Jabatan Alam Sekitar & Anor V

Kajing Tubek & Ors and Other Appeals [1997] 3 MLJ
23
Terms to be identified:
 Ultra Vires
 Locus Standi
R. Rethana v The Government of Malaysia
& Another [1988] 1 MLJ 133
 Facts of the case:
 The plaintiff sought declarations to the effect that sections 31 and 42 of the
Employees’ Social security Act 1969 were ‘ultra vires’ the Federal Constitution
 The plaintiff’s contention was that these section violated Article 8(1) of the
Federal Constitution which provided for equal protection of the law for all
persons and for equality of all persons before the law.
 The two sections of SOCSO were discriminatory because employees, in
industries covered by SOCSO were preclude from suing the their employers
under the common law fr damage arising from injuries sustained in the course
of employment.
 Held
 The Court dismissed the plaintiff’s as the classification by SOSCO was fair and
reasonable and therefore did not offend Article 8(1) and therefore was not void
under Article 4(1)
 Repco Holdings Bhd v Public Prosecutor [1997] 3
MLJ 681
 Facts of the case:
 Repco holdings was charged by the Securities Commission for infringing Section 86 of
the Securities Industry Act 1983.
 The prosecution was to be conducted by two officers pursuant to Section 126 (2) of the
Securities Industry Act 1983 and Section 39(2) of the Securities Commission Act 1993
 At the hearing, a preliminary objection was raised on the ‘locus standi’ of the two
officers as the stated provisions were ‘ultra vires’ Article 145(3) of the Federal
Constitution and were void to that extent. The session Court referred to the High Court
for the question to be determined.
 Held
 Declaring both Section 126(2) of the Securities Industry Act and Section 39(2) of the
Securities Commission Act to be unconstitutional, null and void, inter alia:
• Section 126(2) of the Securities Industry Act and Section 39(2) of the Securities Commission Act are ultra vires
and wholly contravenes Article 145(3) of the Federal Constitutions.
• By reason of Article 4(1) of the Federal Constitution, it being a law which is inconsistent with the Constitution,
the subsection gives way and is therefore void and unconstitutional.
 Mamat bin Daud & Others v Government of
Malaysia [1988] 1 MLJ 119
 Facts of the case:
 The petitioners were charged for an offence under Section 298A of the Penal Code for
doing an act which is likely to prejudice unity among persons professing the Islamic
religion.
 They were alleged to have acted as an unauthorized Bilal, Khatib and Imam at a Friday
Pryer in Kuala Terengganuwithout being so appointed under the Trengganu
Administration of islamic Law Enactment 1955
 The issue is whether the said Section which was enacted by Parliament by an amending
Act in 1983 in ultra vires Article 74(1) of the Federal Constitution, since religious matters
are reserved for the State Legislatures and therefore beyond the the legislative
competency of parliament.
 Held
 Declaring that only States have power to legislate under Articles 74 and 77 of the
Federal Constitution.
• Section 298A of the Penal Code .. Is a colourable legislation in that it pretends to be a legislation on public
order, when in pith and substance it is a law on the subject of religion with respect to which only State have
power to legislate.
• There must be declaration that Section 298A of the Penal Code is a law with respect to which Parliament has no
power to make law and a declaration that section 298A of the Penal Code is invalid and therefore null and void
and of no effect.
 Ketua Pengarah Jabatan Alam Sekitar & Anor V
Kajing Tubek & Ors and Other Appeals [1997] 3
MLJ 23
 Facts of the case:
 The bakun Hydrolectric Project in sarawak was constructed by Ekran Bhd. over land
occupied by about 10,000 natives under customary rights.
 Three of such natives (the respondents) applied to the High Court and were granted
declarations that the Environmental Quality Order 1995 (the Amendment Order) was invalid
and that before Ekran Bhd. carried out the project, it had to comply with Environmental
Quality Act 1974.
 The Amendment Order had retrospectively excluded the operation of the Environmental
Quality (Prescribed Activities) (Environmental Impact Assessment) Order 1987 (hereinafter
refered to as ‘the 1987 Order) to Sarawak.
 The Director General of Environmental Quality, the Government of Malaysia, the Natural
Resources and Environment Board of Sarawak, the Government of sarawak and Ekran
Bhd. appelaed.
 These appellants argued that although the EQA was expressed to apply throughout
Malaysia, it did not extend to the Bakun Project because the land in question was in
Sarawak, over which Parliament had no legilslative.
 Therefore it was argued that the EQA did not apply but that the National Resources
Ordinance 1949 of Sarawak applied instead as Article 74 of the Federal Constitution.
 Ketua Pengarah Jabatan Alam Sekitar & Anor V
Kajing Tubek & Ors and Other Appeals [1997] 3
MLJ 23
 Held: Appealed allowed
 Court should, when determining the scope oF Federal and State Legislation upon a
particular subject, ensure that the enactments of each legislative power were read so a
s to avoid inconsistency or repugnancy between tem.
 While both Parliament and the Sarawak Legislature had concurrent powers to make
laws regulating the production, supply and distribution of power, since the ‘environment’
in question, by reason of item 2(a) of List II and item 1.3 of list IIIA of Schedule 9 to the
Federal Constitution, lay wholly within the legislature and constitutional province of the
State of sarawak, that State had exclusively authority to regulate, by legislation, the use
of it in such manner as it deemed fit.
 The EQA thus did not apply to the environment that was the subject matter of this case.
 Terms to be identified:
 Ultra Vires
 Ultra vires is a Latin phrase meaning "beyond the powers".

 That which beyond the power authorized by law.

 A decision which is beyond the powers or authority of the person or organization

which took it.
• An action of a corporation that is beyond the powers conferred upon it by its charter or by statute
under which it was created.
• Acts of public officials beyond their authority

 Locus Standi
 Locus Standi is a Latin phrase meaning ‘legal standing before a court’

 The right or ability to bring a legal action to a court of law, or to appear in a court
• In law, locus standi means the right to bring an action, to be heard in court, or to address the Court
on a matter before it.
• Locus standi is the ability of a party to demonstrate to the court sufficient connection to and harm
from the law or action challenged to support that party’s participation in the case.
Classification of the Law
 Law can be classified based on the following:
 Form
 Written
 The Federal Constitution and State Constitution and subsidiary legislative made thereunder,
 Acts of parliament and subsidiary legislative made thereunder
 Ordinance and Enactments and subsidiary legislative made thereunder
 Any other legislative instruments which are enforceable in Malaysia (Example: Acts of parliament of the
UK)
 Unwritten
 Customs and usage that have been recognised as applicable in Malaysia
 Case Law
 Judicial Decisions
 English Common Law
 Equitable Principle
 Content
 Procedural
 Substantive
 Enforceability
 Public law
 Private Law
 International Law which can be private and public
PER SOURCES
Wu Min Aun (2005), The Malaysian Legal System (3rd ed.), Longman
-Pearson Malaysia Sdn. Bhd., Petaling Jaya, p. 109
 The term “sources of law” has several meanings:
 Historical sources indicating the factors that have been
influential in the development of the law but by themselves not
recognised as law. Examples of these factors that influence
the development of the law are religious practices and beliefs,
local customs and opinions of jurists.
 It may also refer to places where the law can be found as for
example, in statutes, law reports, textbooks and decisions of
courts.
 In most cases, however, it refers to legal sources, that is, the
legal rules that make up the law.
LEGAL SOURCES SYARIAH LAW

UNWRITTEN LAW
a. English Law
b. Judicial Decisions
c. Customary Law

WRITTEN LAW
a. The Federal Constitution
b. The Constitutions of
the States
c. Legislation
d. Subsidiary legislation
PER SOURCES: Syariah Law
 The Syariah law only applies to the Muslims
 It is a sacred law of islam as revealed by Prophet Muhammad
s.w.t.
 It is totally based on God’s commands on duties towards Allah and
relationship of one Muslim with another.
 The main sources:-
 Al-Quran: the words of Allah
 Sunnah: rules deduced from the traditions (such as sayings or
conduct of Prophet Muhammad s.w.t
 The secondary sources:-
 Ijma: consensus of jurists of any particular era on a judicial rule
 Qiyas: deductions from reasoning by ijtihad or anology
PER SOURCES: Syariah Law
Article 3 of the Federal Constitution
 Islam is the religion of the Federation; but other religions may be
practiced in peace and harmony in any part of the Federation.
 In every state other than States not having a Ruler the position of
the Ruler as the Head of the religion of Islam in his State in the
manner and to the extent acknowledged and declared by the
Constitution of that State, and subject to that Constitution, all
rights, privileges, prerogatives and powers enjoyed by him as
Head of that religion, are unaffected and unimpaired; but in any
acts, observances or ceremonies with respect to which the
Conference of Rulers has agreed that they should extend to the
Federation as a whole each of the other ruler shall in his capacity
of Head of the religion of Islam authorise the Yang di-Pertuan
Agong to represent him
PER SOURCES: Written Law
Article 160(2) of the Federal Constitution:
 “Written law” includes this constitution and the constitution of any state.
 Section 3 of the Interpretation Acts 1948 and 1967 (Act 388) defines
‘written law’ to mean:
 The Federal Constitution and the Constitutions of the states and
subsidiary legislation made thereunder;
 Acts of Parliament and subsidiary legislation made thereunder;
 Ordinance and Enactments (including any federal or state law styling
itself an Ordinance or Enactment) and subsidiary legislation made
thereunder; and;
 Any other legislative enactments or legislative instruments (including
Acts of Parliament of the United Kingdom of Great Britain and
Northern Ireland and Orders in Council and other subsidiary legislation
made thereunder) which are in force in Malaysia or any part thereof.
PER SOURCES: Written Law
1. THE FEDERAL CONSTITUTION
 Is a supreme law of Malaysia
 Article 4(1) of the Federal Constitution:
 “This constitution is the supreme law of the
Federation and any law passed after
Merdeka Day which is inconsistent with this
Constitution shall, to the extent of the
inconsistency, be void”
PER SOURCES: Written Law
 The constitution’s supremacy is preserved by allowing the courts to
review legislative or executive acts.
 When the legislative or executive acts violate the constitution, the court
may declare ultra vires (beyond the legal power) and void.
 Matters that can cause this violation are such as:-
a) Matters where the relevant legislature has no power to make law
(Mamat b Daud v Government of Malaysia [1988] 1 MLJ 119) - only
the Federal Court can review this ground
b) The law has not been enacted in conjunction with the procedure as
sets in the constitution (Public Prosecutor v Dato Yap Peng [1987] 2
MLJ 311)
c) Any case of state law that the rules are inconsistent with the federal
law (City Council of Georgetown v Government of the State of
Penang [1967] 1 MLJ 169)
PER SOURCES: Written Law
2. CONSTITUTION OF THE STATE
 It prescribes matters related to the Ruler (i.e; to act on advice), the
Executive Council, the Legislature, the Legislature Assembly, State
employees and amendment of the constitution and financial
provisions
 Article 71(1) of the Federal Constitution:
• “The Federation shall guarantee the right of a Ruler of a
State to succeed and to hold, enjoy and exercise the
constitutional rights and privileges of Ruler of that State in
accordance with the Constitution of that State; but any
dispute as to the title to the succession as Ruler of any
State shall be determined solely by such authorities and in
such manner as may be provided by the Constitution of that
State.”
PER SOURCES: Written Law
3. LEGISLATION
Act of Parliament: Article 73 of the Federal Constitution;
 In exercising the legislative powers conferred on it by
this Constitution:
a) Parliament may make laws for the whole or any
part of the Federation and laws having effect
outside as well as within the Federation;
b) The Legislature of a State may make laws for the
whole or any part of that State.
 Article 160(2) of the Federal Constitution, “Act of
Parliament” means a law made by Parliament.
PER SOURCES: Written Law
Ordinance and Enactment

Section 3 of the Interpretation Acts 1948 and 1967 (Act 388):

It is pertinent to note that State laws are called Enactments,

including those made by the former Malay States before Merdeka Day.
The only exception to this is the State of Sarawak whose laws are still
termed Ordinance.

Article 160(2) of the Federation Constitution

“Enactment”, where the expression occurs in the Eight Schedule,

means a law made by the Legislature of a State.
PER SOURCES: Written Law
Ordinance and Enactment
- The laws made by the Parliament and State Legislatures must
comply with the manners and provisions laid out in the
Federal constitution.
- The divisions of legislation:-
a. List I of the Ninth Schedule are legislated by the
Parliament
b. List II of the Ninth Schedule are legislated by the State
Legislatures
c. List III of the Ninth Schedule are concurrent matters
shared by the Parliament and State Legislatures
PER SOURCES: Written Law
SUBSIDIARY LEGISLATION
Section 3 of the Interpretation Acts 1948 and 1967 (Act 388)

‘Subsidiary legislation’ to mean any proclamation, rule,

regulation, order, notification, by-law or other instrument
made under any Act, Enactment, Ordinance or other lawful
authority and having legislative effect.
PER SOURCES: Written Law
Reasons to have this delegation (Wan Arfah, 2006, p. 49):-

a. The legislature has insufficient time to enact the

legislation
b. Many modern legislations involve technical matters,
therefore experts must be referred to.
c. When the laws need to be made or amended quickly,
persons or bodies where powers have been delegated
to them will have the authority to make the changes.
PER SOURCES: Unwritten Law
Ir Harbans Singh KS (2002), Engineering and Construction Contract
Management – Law and Principles, LexisNexis, Singapore, p. 36:

Unwritten law constitutes that part of the local law that is not recognised as
‘written law’ in the Malaysian context, i.e. it falls outside the classification
afforded under section 3 of the Interpretation Acts 1948 and 1967 (Act
388).

Unwritten law comprises the followig:

(a) Case law or judicial decisions of the superior courts;
(b) English common law and equitable principles as applicable in the local
context; and
(c) Customs and usages that have been recognised as applicable by
the Malaysian courts.
PER SOURCES: Unwritten Law
1. JUDICIAL DECISION
 Sinha & Dheeraj, Legal Dictionary, ILBS, Petaling Jaya, p. 32:

 Case law – The law which is created by and appears in the

decisions of the courts. Distinguished from Statutory law.
 - The decision made by the judge from these courts is known as
‘doctrine of binding judicial precedent’. It is also known as ‘doctrine
of stare decisis’

 - Precedents mean ‘decision made by the judge previously in

similar situation’
PER SOURCES: Unwritten Law
- A court must follow the prior decisions (‘ratio’ or principle) of a
higher court for the same material facts.

- For example:

“The Supreme Court has made decision in 1987 (Case A).

In 1990, the same case facts and situations have been
brought to the High Court (Case B). The High Court must
therefore decide the case based on the principles
governed by the Supreme Court in 1987”
- Under this doctrine, decision made by higher courts will
bind lower courts” (Wan Arfah, 2006, pp.31-32)
PER SOURCES: Unwritten Law
A few situations where the court may not apply the earlier
precedent can be due to:-
a. The judge in Superior Court overruled the
precedence decided by the lower courts
b. The earlier precedent was arrived at per incuriam
(made in ignorance of a statute or a binding precedent)
c. There are difference material facts between the
case established the precedent with the new one.
PER SOURCES: Unwritten Law

APPLICABLE ENGLISH LAW

- The application of law of England can only be subjected to two limitations:-
a) With the absence of local statutes on the particular subjects, English
law is applied only to fill the missing part in the Malaysian legal
system
b) Only English Law that suited to local circumstances could be
applied.

- Section 3(1), Civil Law Act states:

“The said common law, rules and equity and statutes of general
application shall be applied so far only as the circumstances of
the States of Malaysia and their respectives inhabitants permit
and subject to such qualifications as local circumstances...”
PER SOURCES: Unwritten
Law
COMMON LAW
 Section 3 of the Interpretation Acts
1948 and 1967 (Act 388) defines
‘common law’ to mean the common law
of England.
PER SOURCES: Unwritten Law

 It is mainly made up of non–statutory (non written) laws, which are the

precedents derived from judgments given on real cases by judges (it is
purely from decisions of the courts).

 The British introduced this set of laws to Malaysia through various

treaties with local rulers followed by legislation and decisions by English
judges or judges trained in the English legal system.

 - In the earlier time of its implementation, courts were tasked with the
responsibility of interpreting the Federal Constitution. In undertaking
that duty, common law principles were applied. The words used in the
Constitution and its spirit were developed by judges deciding cases
within the structure of the common law system.
PER SOURCES: Unwritten Law
- As the law was stood up prior to Merdeka, this English common law was only
applicable “as the circumstances of the States of Malaysia and their respective
inhabitants permit and subjected to such qualifications as local circumstances
render necessary”.
- Malaysian Courts have a wide discretion whether to accept the common law
principle or not.
- When Malaysian judges accept such principles, they become part of Malaysian
common law and Malaysian law has developed in that manner.
- Almost all ex- British colonies have adopted the common law system inherited
from the British. But in each country, the Courts develop their own common law
which may not be identical or similar to the English common law.
PER SOURCES: Unwritten Law
ii. Equity (Sinha & Dheeraj, Legal Dictionary, ILBS, Petaling Jaya, p. 70)
1. Equity – The body of law, formerly enforced in the Court of the Chancellor
of England, aiding, supplementing and correcting the common law. Equity is still
to a large extent a separate body of law from the common law, even though in
England the attempt was made to fuse the two into a common system.
2. “Equity” is also used in the law, in the sense it has in common speech, as a
synonym of “justice” or “fairness”. It here retains the precise meaning of the Latin
“aequitas”, which again is a synonym of the older phrase “aequumet bonum”. In
this sense, it is used in common law decisions as well as in those of equity
proper, as a gauge of moral rightness in the interpretation of statutes, and in the
application of legal rules.
3. “Equity” is also used as equivalent to the “equity of redemption” in the case of
mortgagor. It has come in ordinary speech to mean the mortgagor’s interest.
4. A right of any sort, enforceable only in equity.
PER SOURCES: Unwritten Law
iii. Customary Law
Sinha & Dheeraj, Legal Dictionary, ILBS, Petaling Jaya, p. 51

Custom – A rule of conduct which in a given place and among

given groups of persons has been followed for an appreciable
time.
- Customs from the local inhabitants such as:-

a. Family law (marriage, divorce and inheritance)

b. Adat in the Malay community
c. Hindu and Chinese customs.
d. Native customary law (in Sabah and Sarawak)
Classification of the Law based on Content
 Procedural
 Deals primarily with part of law that governs the practice and procedural
aspects of substantive law.
 It concerned primarily with the rules by which the process of the law is
employed in the courts or arbitral tribunals to enforce the substantive law in
procuring a remedy or sanction.

 Substantive
 This law is concerned with the determination of a party’s rights, duties,
liabilities, etc.
 It encompasses matters such as the ingredients of a cause of action, the
establishments of the facts of the case, the consequences of the transgression
of specific elements of the law,
 Substantive law include the branches of law dealing with contracts, torts,
crimes etc.
PER CONTENT
SUBSTANTIVE LAW AND PROCEDURAL LAW
Sinha & Dheeraj, Legal Dictionary, ILBS, Petaling
Jaya, p. 195
 Substantive law is concerned with the
determination of rights and legal powers. It is
distinguished from procedure, which is
concerned with the legal operations by which
these rights and powers are discovered and
enforced.
PER CONTENT: Substantive Law
 Is the statutory or written law that governs rights
and obligations of those who are subject to it.
 It defines the legal relationship (right and
obligations) of people with other people or
between them and the state.
 It refers to all categories of public and private
law
 Some of substantive law was derived from
principles found in judicial decisions or in
common-law
PER CONTENT: Procedural Law
 It comprises the rule by which a court hears and
determines what happens in civil lawsuit or
criminal proceedings.
 The rules are designed to ensure a fair and
consistent application to all cases that come
before a court.
 The time allowed for one party to sue another
and the rules of law governing the process of
the lawsuit are examples of procedural laws.
PER ENFORCEMENT: Public Law
Sinha & Dheeraj, Legal Dictionary, ILBS,
Petaling Jaya, p. 166
 Public law is that branch of the law which
is concerned with the relations between
governmental divisions, the organisations
of government, and the relations between
the individual and the state
 PER ENFORCEMENT: Public Law
PUBLIC LAW

 CONSTITUTION  CRIMINAL
- Describes the rights of individuals - Codifies the various offences
in the state committed by individuals against
- Deals with matters such as the the State
supremacy of parliament and the - Criminal breach of trust, murder,
rights of citizens cheating, theft, robbery, counterfeiting
and serious hurts to other individuals.
- Includes the areas dealing with state
and federal powers - Public prosecutors will give punishment
for inflicted crimes in state level
- There must be a ‘wrongful act’ and a
‘guilty mind’ in order to test the crime
 Administrative Law offences
- Regulates the duties and exercise of - "Actus non facit reum nisi mens sit
powers by administrative authorities . rea”, which literally means “an act
does not make a person guilty
unless mind is also guilty”
https://www.youtube.com/watch?v=_I_GYgGjxFM
PER ENFORCEMENT: Private Law
 Sinha & Dheeraj, Legal Dictionary, ILBS, Petaling Jaya, p. 163
“Private law is that the branch of the law which is concerned with the legal
relations between private individuals, as distinct from public law”
 Private law is concerned with matters that affect the rights and
duties of individuals amongst themselves.
 Basically is intended to give compensation to persons injured, to
enable property to be recovered from wrong –doers, and to
enforce obligations.
 It includes contract, tort, trust, land, family, company,
partnership, agency and commercial law generally.
PER ENFORCEMENT: Private Law
PRIVATE LAW

 CONTRACTS  TORTS
- Based on the agreement - Are based on the agreement
between two parties (offer between two parties
and acceptance) - For claims against the civil
- Must meet all essential wrong or breach of general duty
elements to form a contract - The act or omission must be
wronged and must prove three
elements (duty of care, breached
 Trusts to the duty and the damages
 Family Law must not too remote
 Company Law
 Property Law
 Land Law
 Partnership, agency and
commercial law
 PER ENFORCEMENT: International Law

PUBLIC LAW
INTERNATIONAL LAW
PRIVATE LAW

Sinha & Dheeraj, Legal Dictionary, ILBS, Petaling Jaya, p. 105

International law is a body of rules and principles governing the

relations of nations between each other. Since these rules could not
be enforced by any definite supranational agency, their validity has
long depended on the extent to which any particular nation chose
to recognize them.
PER ENFORCEMENT: International Law
Topics covered in an international law:-
 Treaties : Agreement between states dealing
with any matter of international concern
 Jurisdiction : Power of a state to make and
enforce its laws at the international level
 State responsibility for wrongful acts
 Human rights
 War and peace
PER ENFORCEMENT: International Law
INTERNATIONAL LAW: Public Law
Ir Harbans Singh KS (2002), Engineering and
Construction Contract Management – Law and
Principles, LexisNexis, Singapore, p. 28
 “Public International Law is the corpus of legal
rules applying between sovereign states. It
deals with relationship between states”
PER ENFORCEMENT: International Law
INTERNATIONAL LAW: Private Law
Ir Harbans Singh KS (2002), Engineering and
Construction Contract Management – Law and
Principles, LexisNexis, Singapore, p. 28
 “Private International Law… is the body of rights
and duties of citizens of different sovereign
states towards one another. It deals with that
branch of the law that applies to individuals or
legal entities involved in legal disputes of an
international nature.”
PER ENFORCEMENT: International Law
INTERNATIONAL LAW: Private Law
 Also known as a ‘municipal law’ - every country may
have its own version of law
 The rules will guide the judge when the law in more
than one country affects a case (conflicts of law)
 Any legal dispute between two parties must be heard
in the seat where the jurisdiction’s law should be
applied
 Deal with issues such as civil or human rights issues,
not only between a government and its own citizens
but also in how its citizens are treated by other nations.
REFERENCES
1. Lee Mei Pheng (2005). General Principles of Malaysian Law (5th Ed.), Penerbit Fajar
Bakti Sdn Bhd., Shah Alam, pp. 1-2
2. Rau & Kumar (2005). General Principles of the Malaysia Legal System, International
Law Book Services., Petaling Jaya, pp.58-61.
2. Vijayalakshmi Venugopal (2001). Introduction to Law in Malaysia, Sweet & Maxwell.,
Petaling Jaya, pp. 2-4
3. http://www.wisegeek.com/what-is-law.htm, search via: google.com
4. http://en.wikipedia.org/wiki/Law_of_Malaysia, search via: google.com
5. http://www1.mmu.edu.my/~husni/government_struc.ppt, search via: google.com
6. http://en.wikipedia.org/wiki/Procedural_law, search via: google.com
7. http://en.wikipedia.org/wiki/Substantive_law, search via: google.com
8. http://legal-dictionary.thefreedictionary.com/Substantive+Law, search via: google.com
9. http://www.worldlawdirect.com/article/839/What_is_international_law.html
10. http://topics.law.cornell.edu/wex/International_law
11. http://www.businessdictionary.com/definition/private-international-law.html
12.http://www.malaysianbar.org.my/press_statements/press_release_common_law.html
END OF LECTURE