Understanding Malaysian Legal System

Summary

The user inquired about various aspects of the Malaysian legal system. The discussion covered the application of English law in Johor, the supremacy of the Federal Constitution, the Doctrine of Binding Precedent, the recognition of Adat Perpatih and Adat Temenggong as valid sources of law, the jurisdiction of the Sessions Court, the concept of public law, the nature of subsidiary legislation, and the process of passing an Act in the Malaysian Parliament.

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when the english law apply
English law may apply in Johor in certain circumstances, particularly in commercial contracts where the parties explicitly choose English law as the governing law. However, Malaysian law generally applies in most cases, being the local jurisdiction.
federal constitution is the supreme law in malaysia
Yes, you're correct. The Federal Constitution is the supreme law in Malaysia. It provides the legal framework for the country's laws, including matters pertaining to the administration of justice, the establishment and operation of courts, and the rights and freedoms of individuals.
doctrine of binding precedent state that
The Doctrine of Binding Precedent or stare decisis states that:
- Courts should follow previous decisions in similar cases (precedents).
- Lower courts are bound by the decisions of higher courts.
- The decisions of the highest court in the jurisdiction are final.
adat perpatih and adat temenggong are recognized as a valid source of law
Yes, Adat Perpatih and Adat Temenggong are indeed recognized as valid sources of law in Malaysia, specifically in matters pertaining to:
- Family law, particularly in relation to marriage, inheritance, and property rights.
- Customary land law, especially in states like Negeri Sembilan and Johor.
parliament may make law in respect of matters in
Could you please clarify what specific matters you are referring to that the Parliament can make laws about?
once matter of dispute is decided in federal court, losing party may appeal
Yes, in Malaysia, the losing party in a Federal Court case can appeal. However, they need permission (leave) from the Federal Court itself. The appeal can only be on a question of law or jurisdiction, not on facts.
sessions court will hear civil action where value of subject matter does not exceed
In Malaysia, the Sessions Court can hear civil matters where the value of the subject matter does not exceed RM1,*,* (one million Ringgit Malaysia). However, this limit does not apply to motor vehicle accident cases, landlord and tenant disputes, and distress actions.
public law governs relationship between individual and state
Yes, you are absolutely correct. Public law deals with issues that affect the general public or state as a whole, and it includes:
- Constitutional law
- Administrative law
- Criminal law
It governs the relationship between individuals and the state.
subsidiary legislation
Subsidiary Legislation, often referred to as delegated legislation, refers to laws made by an individual or body under powers given to them by an Act of Parliament. It can include orders, regulations, rules, and by-laws. It's used to supplement and give practical effect to the primary legislation.
a new act "construction fair play act" will be proposed in the year *. explain the process of getting the act passed in parliament
The process of getting an act passed in the Malaysian Parliament involves several steps:
*. A bill is drafted by the relevant ministry or agency.
*. The bill is then submitted to the Cabinet for approval.
*. Once approved, the bill is presented to the Dewan Rakyat (House of Representatives) for a first reading.
*. The second reading involves a general debate on the bill.
*. If passed, the bill goes through a committee stage for detailed examination.
*. The bill then goes for a third reading and vote.
*. If passed, the bill is sent to the Dewan Negara (Senate) for similar readings.
*. If approved by the Senate, the bill is sent to the Yang di-Pertuan Agong (King) for royal assent.
*. Once the royal assent is obtained, the bill becomes an Act of Parliament.