8/6/2019 Civil Law is the Legal System Used in Most Countries Around the World Today

1/3

Civil law is the legal system used in most countries around the world

today. The civil law is a set out of comprehensive system of rules which are

applied and interpreted by judges. Malaysia's unique legal system is designed

to balance the delicate racial and religious needs of its heterogeneous people.

The sources of law mean the legal rules that make up the laws. In Malaysia, thesources consist of the primary law and secondary law. The Primary Sources are

divided into two parts which are written law and unwritten law.

Alternatively, written law refers to the laws contained in the Federal and

State Constitutions and in a code or a statute. The written laws are much

influenced by English laws as the Malaysian legal system retains many

characteristics of the English legal system. It also known as statuary law. The

written law includes the Federal Constitution, State Constitution, Legislation

and Subsidiary Legislation.

Federal Constitution is the supreme law of the country. The Federal can

only be changed by a two-thirds majority of the total number of members of

the legislature. The Federal Constitution comprises many Articles concerning

the religion, fundamental liberties, judiciary and many other related subjects.

The Federal Constitution determines how Malaysia is governed. The

constitution not only establishes the organ of Malaysian government, it also

gives power to these organs.

If somebody wants to know how Malaysia is governed a nd administered, the

Federal Constitution is the law that provides the answer.

Besides the Federal Constitution, there are state constitutions. In

Malaysia, each state has its own constitution. For instance, Undang-undang

Tubuh Negeri Johor, Undang-undang Tubuh Negeri Perak and Undang-undang

Tubuh Negeri Kelantan. Article 71 of federal constitution stated the right of the

states to have their own constitution. Each state is governed and administered

in accordance with the constitution of the state.

Another primary source of civil law is Legislation. Legislations refer to

the laws that are established by the Parliaments at federal level and by the

State Legislative Assemblies at the state level. The Parliament and State

Legislatures are not supreme and so they have to enact laws subject to the

requirements set out in the Federal and State Constitution. If Legislature

8/6/2019 Civil Law is the Legal System Used in Most Countries Around the World Today

2/3

enacts new law against Federal Constitution, the law will not be enforceable. In

the Federal Constitution, Article 74 stated that parliament may make law with

referring to matters provided in the List I of the Ninth Schedule while the state

legislatives may make law with referring to matter provided in List II. While List

III which is the Concurrent list, are in the authority of both parliament andstate legislatives. Matters that are not in the lists are within the authority of

the States.

Last but not least, Subsidiary Legislations also known as Delegated

Legislation. The Subsidiary Legislations are made by the people or bodies who

are authorized by the Acts of Parliament or Enactments of States Assemblies.

The Legislatures provide basic law, so subsidiary legislation is very to govern

day-to-day matters. In Malaysia, one of the body that given power is The Royal

Police of Malaysia. In Article 150 of Federal Constitution, Parliament can passthe power to legislate any subsidiary legislation during emergency, even if

there are any contradictions with the Federal Constitutions involved.

8/6/2019 Civil Law is the Legal System Used in Most Countries Around the World Today

3/3

The people or bodies who are authorized by the legislatures are the Yang di-Pertuan Agongwho is the nominal head of the executive and the Prime Minister and cabinet is the real

executive. The Cabinet is answerable to the Yang di-Pertuan Agongas the nominal head ofthe executive in the country. However, according to the democratic ruling system, the Chief

Executive is the Prime Minister. This does not mean that the Yang di-Pertuan Agongis

unable to voice any opinion, but rather that he must act on government advice, whatever his

personal view might be. The Yang di-Pertuan Agongappoints a Cabinet to advise him oncountry's matter. The Cabinet consists of the Prime Minister and a number of Ministers who

must all be members of Parliament. Besides that, the Government has set up various agencies

to ensure the smooth enforcement of the law. It comprised of three main components, namely

ministries, departments and statutory bodies.