Explain The Application Of English Law In Malaysia

This day it has not been immune from criticisms and constant calls for its abolition or amendment.

Explain the application of english law in malaysia. This doctrine alludes to the practice whereby a former colony of england consciously and will ingly adopts its laws rheinstein m 1956. However not all of england s common law and rules of equity form part of malaysian law. Federal laws enacted by parliament of malaysia that apply throughout. English law and it s application in malaysian court english law in virtue article 160 of federal constitution includes the common law in so far as it is in operation in the federation or any part thereof.

The law of malaysia is mainly based on the common law legal system. Malaysia has also adopted its. Section 3 1 a west malaysia apply common law and equity as administered in england on 7th april 1956 section 3 1 b and c apply the common law and equity together with statutes of general application as. English law application of english law in malaysia section 3 and section 5 civil law act 1956 stated the application of english common law and equity in peninsular malaysia.

In formulating malaysia s own common law the court is free to look at any source of law local or non local. In article 160 of the federal constitution states the definition of law which includes the common law in so far as it is in operation in the federation or any part thereof that concerns the extent to which the english law is applicable in malaysia. English law can be found in the english common law and rules of equity. That qualification concern the extend to which english law is applicable.

The law of malaysia is mainly based on the common law legal system that means that english law forms part of the laws of malaysia. Gp law 455 mlh tri 1 preview text application of sections 3 5 and 6 of the civil law act 1956 when malaysia was formed in 1963 there were three separate statutes authorising the application of english law which are s 3 5 6 of the civil law ordinance 1956 in peninsular malaysia application of laws ordinance 1956 in sabah and application of laws ordinance 1949 in sarawak. This was a direct result of the colonisation of malaya sarawak and north borneo by britain between the early 19th century to 1960s. Although the act survives to.

One of the sources of malaysian law is english law explain how english law and the other sources of law form part of the law of malaysia the law of malaysia mostly based to the common law legal system it was a final result of the colonisation of malaya sarawak and north borneo by britain in between 19th century to 1960s. The common law of england after the cut off date statutes of general application after 1951 1949 principles of common law in other countries common custom of people of malaysia etc. The law prevalent in malaysia comprises of local laws and laws of england received into the malaysian legal system through the doctrine of reception.