ISLAM IN MALAYSIA TODAY AND ITS IMPACT “The practice of Shariah Laws in Malaysia” by ZAITOON DATO OTHMAN (from: Muslim Lawyers Net) Before I talk on the practice of Islamic Read More …
Category: 1.2 Intro to Law
Islamic Law and Property
Q. How does Islamic Law affect ownership and transfer of Properties? A. This is a question which may be asked in paper ‘Laws relating to Property’ as in syllabus “Muslim Read More …
Equity vs Torrens System
Q.English Law and Equity is not in contradiction with Torrens System. Briefly provide your view. A.The Civil Law Act 1956 expressly provides under Section 6 that English Law and Equity Read More …
English Law and its influences (3)
Q. List out the provision which provides the non-application of English Land Law. Why is it so? A. MIA QE 2013/3 Q1 asked about extend of application of English Common Read More …
English Law and its influences (2)
Q.To what extent is common law or English Law applicable in Malaysia? A.When Malaysia was formed in 1963, there were 3 separate statutes authorizing the application of English Law: the Read More …
English Law and its influences (1)
Q.Which English Law is part of the Malaysian Law? A.The definition of law in Article 160 of the Federal Constitution includes ‘the common law’. This means the ‘common law’ which Read More …
Judicial Decisions (2)
Q. In simple manner, briefly explain the challenges of Stare Decisis in Malaysian Courts with the reinstatement of Federal Court as apex court in 1994. A. Judicial precedent are asked Read More …
Judicial Decisions (1)
Q. What is meant by “Stare Decisis”? What is its basis and how does it apply to the hierarchy of courts? A. Judicial precedent are asked in: MIA QE 2008/3 Read More …
Hierarchy of Courts
Q. In simple chart form, draw out the hierarchy of Courts in Malaysia. A.
Control mechanism over subsidiary legislation
Q.That being said about the influence of Executive in the making of Subsidiary Legislation, what are the available controls over such influence. What are the controls mechanism to ensure separation Read More …
Why Subsidiary Legislation?
Q.What is subsidiary legislation, and what are the purposes and challenges of such legislation? A.Laws made by legislature is called primary legislation. In circumstances that the Legislature empowers another agency Read More …
Procedure for the enactment of Act of Parliament
Q.In a chart format, draw out the process of enactment of an Act of Parliament. A.
Power to enact legislation
Q.What is Legislation, and who has the power to enact legislation? A.Legislation is the law enacted by the legislature, and by bodies and persons authorized by the legislature. In our Read More …
Amendment to the Constitution (3)
Q.List out the 4 modes of formal amendment to the Constitution. A.1. Amendments requiring a 2/3 majority.2. Amendments requiring a simple majority.3. Amendments requiring the consent of the Majlis Raja-Raja.4. Read More …
Amendment to the Constitution (2)
Q.In what ways can the Constitution be amended? A.The Reid Commission recommended amendment to the Constitution: Amendments should be made by Act of Parliament provided that an Act to amend Read More …
Amendment to the Constitution (1)
Q.The Federal Constitution is supreme. However, it can be amended by Article 159. Why is it so? A.Article 159 of the Federal Constitution allows amendment to the Constitution, provided that Read More …
The Constitutional Supremacy (4)
Q.What are the provisions in the Constitution that spell out its supremacy? A.The supremacy of the Federal Constitution is set out in Articles 4(1) and 162(6). It is also spelled Read More …
The Constitutional Supremacy (3)
Q.What does it mean by “constitution supremacy”? A.It means that the Federal Constitution is the supreme law in the federation. It is the fundamental law of the land, a kind Read More …
Supremacy of The Constitution (1)
Q.Why it is said that “Constitution supremacy purports to apply in Malaysia’? Does it mean less of supremacy? A.In reality, Constitution supremacy is eroded by factors listed below, thus may Read More …
Supremacy of The Constitution (2)
Q.Supremacy of the constitution is maintained by giving to the courts the right to review legislative and executive acts. When a legislative act violates the Constitution, the court may declare Read More …