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SOURCE OF LAWS GROUP 6:1. Fazila Bt. Rosli 2. Peryshilla Ak Peter3. Adeline Lindan Ak Andri4. Yeo Ming Hui

MEANING OF SOURCEPresented by : Peryshilla

Sources of law means the origin from which rules of human conduct come into existence and derive legal force or binding characters. It also refers to the sovereign or the state from which the law derives its force or validity.

TYPES OF SOURCEPresented by : Adeline Lindan

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LegislationCase LawEuropean Union LawEuropean Convention on Human Rights Law

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LegislationTerm used to describe law made by Parliament. Divided into 2: Primary & Secondary legislation Primary legislation = Acts of Parliament (eg: The Sale of Goods Act 1979) Begin life as a Bill. Secondary legislation (or delegated legislation) = is legislation which sets out the detailed rules relating to the law. 3 main types of delegated legislation:

1. Statutory instruments : made by Government Ministers & their departments 2. Bye-laws : made by local authorities, public & nationalized bodies 3. Orders in Council : made by Government in times of emergency & then signed by the Monarch (eg: The Unfair Terms in Consumer Contracts Regulations 1999)

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Case Lawis developed by judges.

It could be judicial interpretation of other legal material (eg: legislation) or law developed solely by the judges.

Judge-made law is called the common law.

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European Union LawIn 1973 The UK joined the European Union ( formed known as the European Economic Community).

In order to join UK had to pass the European Act 1972 The 1972 Act In the event of any conflict between EU Law & UK Law, the EU Law would take precedence.

The main impact of European Union areas of trade, industry, employment & the provision of financial services.

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European Convention of Human Rights LawWas incorporated into English Law by Human Rights Act 1998

Was signed in 1950 before the EU was even created

It is an agreement between signatory states to uphold & respect certain human rights such as the right to liberty, freedom of expression, the right to family life and the right to a fair trial.

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WRITTEN LAWPresented by :

Written law refers to the law that is contained in a formal document and which has been passed by a person or body that isauthorised to do so.In Malaysia, which has a written constitution, written law consists of the Federal and State Constitutions,the legislation passed by Parliament and State Legislative Assemblies as well as subsidiary legislation.

WRITTEN SOURCEPresented by :

Legislation

Is the term used to describe law made by Parliament.It is divided by primary legislation and secondary legislation.

Primary legislationSecondary legislationConsists of Acts of Parliament.Acts of Parliament begin life as a Bill.Most Bills are government sponsored (public bills) but Bills can be proposed by individual back bench MPs (private members bills) or by certain groups of people e.g. public corporations (private bills). The Bill must go to Parliament for approval.Delegated legislationLegislation which sets out the detailed rules relating to that law.3 main typesStatutory instruments - Made by Government Ministers and their departments.ii) Bye-lawsMade by local authorities, public and nationalized bodies (although they must be approved by Central Government).iii) Orders in CouncilMade by the Government in times of emergency and then signed by the Monarch.Example, The Sale of Goods Act 1979.Example, The Unfair Terms in Consumer Contracts Regulations 1999

Subsidiary legislation

Called as delegated legislationIt is law made by a person or body other than the legislature but with the legislatures authority.Companies Act 2006Holds a majority voting rights.Is a member of it and has the right to remove a majority of its board of directors.Is a member of it and control alone , pursuant to an agreement with other members, a majority of the voting rights in it.

UNWRITTEN SOURCE

UNWRITTEN LAWUnwritten law, refers to the law that has not been formally enacted.The unwritten law consists of caselaw (i.e. decisions of the superior courts which are binding on the lower courts), customary law (i.e. local customs whichhave been accepted as law by the courts) and applicable principles of English common law and equity.

Common Law

Judicial Decision

Islamic Law

Custom

COMMMON LAWEnglish common law and the rules of equity -This is also a very important source of Malaysian law. Sections 3(1) and 5(1) of the Civil Law Act 1956 specificallypermit the reception of English common law and equity in Malaysia subject to the limitations contained therein.However, the reception of English law and equity are subject to certain general exceptions. In particular, English lawmay only be applied where(1) there is no local law governing the matter and(2) if it is suitable to the localcircumstances.

JUDICIAL DECISION This refers to the law as developed through cases decided in the superior courts. Sometimes referred to as judge-madelaw, it is another very important source of law. Under the doctrine of binding judicial precedent, which is also observedin Malaysia, the decisions of the higher courts must be followed by the lower courts in similar cases. This generallyensures a fair and uniform application of the law.

ISLAMIC LAWThis is another important source of Malaysian law, particularly in matters relating to marriage, divorce and inheritanceamong Muslims. It is only applicable to Muslims. Islamic law is administered at State levels by a separate system ofcourts called the Syariah courts

CUSTOMS LAWThis refers to the customs of the local inhabitants which have been accepted as law. It mainly relates to family matters,e.g. marriage, divorce and inheritance. Generally, the customs of Chinese and Indians relating to marriage and divorceare no longer of much importance since the passing of the Law Reform (Marriage and Divorce) Act 1976, whichabolished polygamous marriages among them. However the customary laws of the Malays (also called adat law) andin East Malaysia, native customary law, continue to be important sources of law.