Business Law Assignment: A Critical Examination of the Main Sources of Law in Malaysia and Their Role in the Legal System

Marking Criteria for Report Submission

TASK

The main sources of Malaysia law are the Constitution, statutes, treaties and conventions, and judicial decisions. The Constitution is the fundamental law of the land and as such, it is authority of the highest order against which no other authority can prevail. Every official action, to be valid, must conform to it. On the other hand, statutes are intended to supply the details which the Constitution, because of its nature, must leave unprovided for. The statutes of Malaysia are numerous and varied in their contents. They are intended to provide rules and regulations which will govern the conduct of people in the face of everchanging conditions. Judicial decisions applying to or interpreting the laws or the Constitution shall forms a part of the legal system of Malaysia.

QUESTION

You are required to critically examine the main sources of law in Malaysia bearing in mind their relative importance in the legal system having regard to examples.

These are some pointers that you may consider (not exhaustive)

1. Critically evaluate the Constitution as a source of law. Students should have regard to the background to the Federal Constitution and the more important provisions in the Constitution.

2. Students should also critically evaluate the role of the Parliament in the law-making role. Examples of laws made by Parliament are Anti-Sexual Harassment Act 2022 (Act 841) and other laws.

3. 3Students should also critically evaluate the role of the courts in the law-making role. Examples of laws made by courts are the basis for legal action for “invasion of privacy” as enunciated in the case of Maslinda Ishak v Mohd Tahir Osman & Ors [2009] 6 CLJ. having regard to the scope of the protection afforded. Also, the common law case of Mohd Ridzwan Abdul Razak v Asmah Mohd Nor (Federal Court decision) [2013] 9 CLJ 243. In this regard students should also have regard to the constrains placed on the courts such as the doctrine of separation of power.

4. Students are also required to analyse subordinate legislation and its importance in Malaysia.

5. Suggest measures which can be adopted to better the law-making process and its applicability in Malaysia.

EXPLANATION

Students are required to write an academic assignment based on the statement above. The Federal Constitution under Art. 8 (1) provides that: All persons are equal before the law and entitled to equal protection of the law. Art 8 (2) reads: Except as expressly authorized by this Constitution, there shall be no discrimination against citizens on the ground only of religion, race, descent, place of birth or gender.

Students are required to analyse the main sources of law in Malaysia having regard to examples.

Outstanding students should analyse the provisions of the respective laws and regulations, the feasibility of the actions by the regulatory bodies and suggest reforms to the regulatory framework.

Answer

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