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Monday, January 21, 2008

Thinking of Our Law


As a Malaysia and as a legal student, I learn to be very alert regarding our law. One of the subject I have to learn in my BLS is Malaysian Legal System. When I was doing my Pre Law, I wondered what so important to learn about the history of law devel0pment in Malaysia because knowing the current issues and the relevant law regarding the cases, I think more important than knowing the history of it.

Then, after I started entering the first lecture and second of lecture of Malaysian Legal System, I realized how Malaysian law was much influenced by law of other countries especially one came from English law. Plus, our political system also strongly influenced by United Kingdom's system where we applied the Parliamentary system but in our own way.

As provided under Section 3 of Malaysian Civil Law Act 1956, West Malaysia shall apply English common law and rules of equity as admiistered in England on 7th April 1956. Sabah shall apply English common law, rules of equity and English statutory general application as administered in England on 1 December 1951 and for Sarawak as administered in England on 12 December 1949.

From this provision we can see our law still have empty space or "lacunae" that required Malaysia courts to use English common law and rules of equity in certain cases when both of law need to apply.

Now I know, how crucial to know the history before we can care about the current issues and relevant law regarding those issue because without the historical element, we can't even know how our law, Malaysian law had been made and developed.

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2 comments:

just want to ask something. Common Law that has been used in Malaysia originated from British Law right? I wonder if Malaysia(n) is ready for their own law. I think that our judge management (did i write the term correctly?) is matured enough to build our own Malaysian Law.

Yeah, common law originated from English Law actually, the term is "English Law" not "British Law". If you want me to give factual information whether our "jugde decision", not "judge management" is matured enough to build our own Malaysia law, I can't give an exact answer, but based on the reputation of our judges, I believe our judge have an ability to build our own Malaysia law. But my friend, don't worry, English law influenced our law just in a small area, we still have written law that show the face of Malaysia and we apply them in our Malaysian ways. My main motive in this entry is to tell how important to know the history of development of Malaysia law, not to emphasise the negative effect of English common law.