April 10, 2010

A BRIEF HISTORY OF MALAYSIAN LAW

Prior to the independence in 1957, most of the laws of United Kingdom were imported and either made into local legislations or simply applied as case laws. Malaysian law is also based on other jurisdictions namely Australia and India. The criminal law in Malaysia—the Criminal Procedure Code—was based on the Indian criminal code. Similarly, the Contracts Act is based on the Indian model. Malaysian land law is based on the Australian Torrens system.
The Federal Constitution is the supreme law of the land. It provides the legal framework for the laws, legislations, courts, and other administrative aspects of the law. It also defines the government and monarch, and their powers, as well as the rights of the citizens.

LAW STUDENTS TAKE NOTE: It is not legally correct to state in your exam papers that Malaysia borrowed English law wholesale. The Malaysian land law is based on the Australian Torren System.Our law is reflective of three difefrent systems- English,India and Australia.

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