English prevalent law plus the rules of equity via part of the regulation of Malaysia. I was studying about a few of the extent of the application of the English prevalent law as applied in Malaysia. Virtually any opinioins with sources?
First of all as i know we are pursuing UK's english common rules and other bits and pieces i browse around yahoo. As i examine from wiki i found away that theres very minimal information about this theme.
Could anybody practicing law help me with this? I are actually exploring thing for my rules presentation resources i applied:
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Basically, the importation of ECL is usually governed under section 3 of Civil Law Action (CLA) 1956.
We never directly apply ECL today becoz CLA provides the cut-off date of ECL which can be imported to Msia.
Laws and regulations applied in the uk b4 the cut off particular date can be used in Msia subject to the suitability with 'local circumstances'...
All these are supplied in section 3 of CLA.
Intended for Laws of England passed after the cut off date, it is just persuasive to the courts. We have a speech by previous Chief Justice that calls for the courts to build up our own common law, rather than relying to English legislation. Bt this is hard to achieve becoz many of our lawyers and judges will be english knowledgeable or count too much in english regulators...
In fact , apart from english rules, we as well apply regulations from other countries as well. eg, each of our National Property Code is usually from australia.
btw, ur research is underneath wut topic?
QUOTE(Nidz @ November 10 2010, 10: forty one PM)For Regulations of Britain passed following your cut off date, it is only persuasive to our process of law. There is a presentation by the prior Chief Justice that requires our legal courts to develop our own common legislation, instead of depending to English law. Bt this is hard to achieve becoz many of our legal representatives and idol judges are english educated or rely too much in the english language authorities... I think the reason was Malaysia did not have the research for its own common laws and regulations, because many records had been lost and fragmented.
http://www.thesundaily.com/article.cfm?id=53180QUOTENasharudin had asked that after 53 years of independence, doesn't the government think that it was time to abolish the British common legislation through the Municipal Law Action 1956 that Minister inside the Prime Minister's Department Datuk Seri Nazri Aziz clarified in the negative.
He told Nasharudin that the act enables Malaysia to make use of English common law in which " there is no provision inside our laws" and whenever the relevant English prevalent law " is suitable for utilization in the local context".
As nobody from the authorities side stood up to inquire the second ancillary question вЂ“ probably likewise because the subject was not interesting enough, Presenter Tan Sri Pandikar Amin Mulia offered the opportunity to another opposition member, Saifuddin Nasution Ismail (PKR-Machang).
He requested the sobre facto regulation minister's discuss the possibility of removing something amounting to a local common legislation from the practices of this kind of Malay autorite as Srivijaya, Majapahit, Langkasuka and Malacca.
Nazri stated it may be possible but it may be difficult to do away completely with the The english language common legislation and pondered whether there exists a local alternate for this sort of thing because contempt of court.
Here is a relevant article from The Star:
http://thestar.com.my/lifestyle/story.asp?...8&sec=lifefocusQUOTETuesday November 9, 2010 Limited use of English prevalent law
CONTENT ARTICLES OF LEGISLATION
By BHAG SINGH
Necessitates abolishing The english language common rules are needless as its application is only in very limited situations which can be averted.
WHAT is the English common law that individuals in Malaysia are...
Bibliography: 1) Wan Arfah Hamzah & Ramly Bulan. 1995. Malaysia Legal System. two
Model. KualaLumpur: Dewan Bahasa serta Pustaka. 2) В Wu Minutes Aun. 2150. The Malaysian Legal System. 2