Explain The Application Of English Law In Malaysia

In formulating malaysia s own common law the court is free to look at any source of law local or non local.

Explain the application of english law in malaysia. 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. Many of the local laws especially those affecting trade commerce and banking were patterned on english models or in some instance other colonial laws e g. Application of english law in malaysia but not without limitations. Federal laws enacted by parliament of malaysia that apply throughout.

Section 3 and 5 of the civil law act 1956 provide that english law relating to contract is applicable in malaysia in relation to areas not covered by our legislation or our case law. This day it has not been immune from criticisms and constant calls for its abolition or amendment. That qualification concern the extend to which english law is applicable. This was a direct result of the colonisation of malaya sarawak and north borneo by britain between the early 19th century to 1960s.

Section 3 1 of the civil law act 1956 revised 1972 provides that in peninsular malaysia the courts shall apply the common law of england and the rules of equity as administered in england on 7 april 1956. 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. 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. 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.

However not all of england s common law and rules of equity form part of malaysian law. Although the act survives to. 1 in all questions or issues which arise or which have to be decided in the states of peninsular malaysia other than malacca and penang with respect to the law of partnerships corporations banks and banking principals and ag ents carriers by air land and. Malaysia legal history finals 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.

English law can be found in the english common law and rules of equity. The supreme law of the land the constitution of malaysia sets out the legal framework and rights of malaysian citizens.