Law in Malaysia

rectitude is a system of masters and guidelines, usu on the wholey enforced by means of a particularise of institutions. It shapes politics, economics and society in numerous ways and serves as a tender mediator of relations between people. For example, Contr bout justness regulates all(prenominal)thing from buying a bus ticket to vocation on derivatives markets and Property constabulary defines rights and obligations related to the manoeuvre and title of personal and real property and so on. Then, Natural rightfulness or the rectitude of personality (Latin lex infixedis) has been described as a equity of nature whose field is set by nature and is thus popular.As classically used, inherent law refers to the use of curtilage to analyze human nature and deduce bond designs of moral behavior While Rule of lawfulness is the absolute supremacy of the law over every consistency, both the designrs and the ruled. The rule of law is a legal motto that provides that no person is above the law, that no unrivalled can be punished by the take except for a breach of the law, and that no unity can be convicted of breaching the law except in the manner set forth by the law itself. NATURAL LAWThe unwritten body of universal moral principles that beneathlie the ethical and legal norms by which human conduct is sometimes evaluated and governed. Natural law is often contrasted with positive law, which consists of the written rules and regulations enacted by regimen. The line vivid law is derived from the Roman term jus naturale. Adherents to natural law philosophy ar known as naturalists. Naturalists believe that natural law principles are an constitutional part of nature and exist regardless of whether government recognizes or enforces them.Naturalists further believe that governments must curb natural law principles into their legal systems before arbitrator can be achieved. There are triplet schools of natural law theory divine natural l aw, secular natural law, and historical natural law. parkland law in Malaysia takes the form of Natural law RULE OF LAW The Rule of Law, in its closely basic form, is the principle that no one is above the law. The rule follows logically from the idea that truth, and therefore law, is found upon fundamental principles which can be discovered, but which cannot be created through an act of will.The most important application program of the rule of law is the principle that governmental sureness is legitimately practiced only in abidance with written, publicly disclosed laws adopted and enforced in accordance with established procedural steps that are referred to as due process. The principle is intended to be a safeguard against arbitrary governance, whether by a un participatory leader or by mob rule. Thus, the rule of law is hostile both to dictatorship and to anarchy. The rule of law in its modern sense owes a great deal to the late Professor AV Dicey. Professor Diceys writin gs about the rule of law are of enduring significance.The essential characteristic of the rule of law are i. The supremacy of law, which means that all persons (individuals and government) are subject area to law. ii. A concept of rightness which emphasises interpersonal adjudication, law based on standards and the splendour of procedures. iii. Restrictions on the exercise of discretionary power. iv. The doctrine of juridic precedent. v. The common law methodology. vi. command should be future and not retrospective. vii. An independent judiciary. viii. The exercise by parliament of the legislative power and restrictions on exercise of legislative power by the executive. ix.An underlying moral tooshie for all law. Legislative Authority Source of uncreated Legislation- Malaysia Legislative bureau is the power to enact laws applicable to the confederacy as a whole under Article 66(1) of federal official Constitution. At Federal level, the legislative power is vested in a bic ameral fan tan headed by theYang di-Pertuan Agongand nominates theDewan Negara(House of Senate) andDewan Rakyat(House of Representatives). TheDewan Negarahas 70 members, of whom 44 are put up by theYang di-Pertuan Agong, and 26 elected by the maintain Legislative Assemblies. TheDewan Rakyatis fully elected and has 219 members.The duration of the feel of each Parliament and area Legislatures is about pentad years and is split into one-year sessions, after which the session is terminated or prorogued usually in September. The dissemination of law-making authority between the Federal and submit Governments is enumerated in the Ninth Schedule of the Federal Constitution and is set out in a Federal List, State List and a Concurrent List. The main subject areas of the Federal List are external affairs, defence, interior security, civil and criminal law, citizenship, finance, commerce and shipping industry, communications, wellness and labour.EXECUTIVE AUTHORITY Source of Subsi diary Legislation Malaysia The executive director is vested with the authority to govern and administer the laws by way of delegated and drafts Bills as provided under Article 39 of the Federal Constitution. The power to govern that is vested in theYang di-Pertuan Agongis unless exercisable by a Cabinet of Ministers headed by the primeval Minister. The Cabinet is answerable to theYang di-Pertuan Agongas the head of Executive Authority in the country. Each executive act of the Federal Government flows from his Royal authority, whether directly or indirectly.However, in accordance with the principle of a democratic ruling system, the Chief Executive is the Prime Minister. TheYang di-Pertuan Agongappoints a Cabinet a council of Ministers to advise him in the exercise of his functions. It consists of the Prime Minister and an unspecified number of Ministers who must all be members of Parliament either theDewan Rakyat(House of Representatives) orDewan Negara(House of Senate). The Mi nisters hold different portfolios and are collectively accountable for all decisions do by the Cabinet, which is the highest policy-making body in the country. Judicial Authority Source of good example Law The Judiciary is empowered to hear and jog civil and criminal matters, and to decide on the equity of either legislative or executive acts as provided under Article 125A of the Federal Constitution. It is also conferred authority by law to interpret the Federal and State Constitutions. The courts can pronounce on the validity or otherwise of any law passed by parliament and they can pronounce on the meaning of any provision of the constitution.The legal power of the Malaysian courts is determined by the Courts of Judicature personation 1964 for Superior Courts and the Subordinate Courts Act 1948 for Subordinate Courts The Malaysian Courts of Justice are made up of the Superior Courts and the Subordinate Courts. The Superior Courts comprise of the Federal Court (the highest court), the Court of Appeal and the two High Courts. By virtue of Act 121(1) of the Federal Constitution judicial power in the Federation is vested on two High Courts of Coordinate jurisdiction and status namely the High Court of Malaya for peninsular Malaysia and the High Court of Borneo for Sabah and Sarawak. In conflict with natural law Upholding the rule of law can sometimes require the punishment of those who commit offenses that arejustifiableundernatural lawbut not statutory law. Heidi M. Hurdraises the example of abattered charrwho rightly believes that there is a strong fortune that her husband will eventually attempt to bolt down her and her children unless shepreemptivelykills him.If the law does not permit the acquittal of those who margin callself-defensein the absence of animminent terrorof harm, then the woman must be punished, or what will become of the rule of law? For law seemingly ceases to be law if judges are entitled to rethink its wisdom in every case t o which it applies and to disregard it whenever it is inferior to the rule that they would fashion. http//www. nyulawglobal. org/Globalex/Malaysia. htm_2. _Legislative_Authority