Sources of law - Written Law

Summary

This video explains the sources of law in Malaysia, focusing on written law, which is divided into three categories: the Constitution, primary legislation, and subsidiary legislation. The Federal Constitution is the supreme law, with each state having its own constitution. Primary legislation includes acts, enactments, and ordinances, while subsidiary legislation consists of bylaws and regulations created by executive bodies, such as ministers and local authorities. The video also highlights how subsidiary laws must not contradict the parent acts and gives examples, such as the educational regulations and postal service laws.

Takeaways

• 😀 Written law is one of the primary sources of law in Malaysia, and it includes the Constitution, Primary Legislation, and Subsidiary Legislation.
• 😀 The Federal Constitution is the supreme law of Malaysia, and any law that contradicts it is deemed invalid (ultra vires).
• 😀 The Federal Constitution applies to the entire country, while each state in Malaysia has its own State Constitution.
• 😀 Primary legislation is divided into three types: Acts, Enactments, and Ordinances, depending on the level of government that enacts them.
• 😀 Acts are laws made by Parliament post-independence, while Enactments are made by state assemblies, and Ordinances were enacted before independence or during emergencies.
• 😀 Subsidiary legislation consists of rules, regulations, and bylaws made by executive bodies (like ministers or local authorities) under the authority of primary legislation.
• 😀 Subsidiary legislation cannot contradict the parent act; if it does, it is void.
• 😀 An example of subsidiary legislation is the Educational Institutions Discipline Act 1976, which empowers the Minister of Education to create regulations for student discipline.
• 😀 Another example of subsidiary legislation is the Postal Services Act 2012, which allows the Malaysian Communications and Multimedia Commission (MCMC) to create postal service regulations.
• 😀 The Constitution divides lawmaking powers between the federal and state governments, with different legislative bodies at each level responsible for creating laws.
• 😀 Subsidiary legislation is often created to address specific details that primary legislation may not fully cover, ensuring effective implementation.

Q & A

What are the two main categories of sources of law in Malaysia?

The two main categories of sources of law in Malaysia are written law and unwritten law.

What is the highest and most important form of written law in Malaysia?

The Federal Constitution is the highest and most important form of written law in Malaysia.

What happens to any law that is inconsistent with the Federal Constitution?

Any law that is inconsistent with the Federal Constitution is deemed ultra vires (invalid) and can be declared void by the courts.

What are the three types of written laws under primary legislation in Malaysia?

The three types of primary legislation in Malaysia are Acts, Enactments, and Ordinances.

How is an Act different from an Enactment in Malaysian law?

An Act is a law passed by the Parliament at the federal level, whereas an Enactment is a law passed by state legislative assemblies at the state level.

What is subsidiary legislation and how is it created?

Subsidiary legislation is a type of law created by executive bodies (such as ministers or local authorities) who are delegated authority under primary legislation. It is often in the form of rules, regulations, or bylaws.

Can subsidiary legislation contradict the parent act? If so, what happens?

No, subsidiary legislation cannot contradict the parent act. If it does, it will be deemed invalid and void.

Can you provide an example of subsidiary legislation related to education?

An example of subsidiary legislation related to education is the Educational Institutions Discipline Act 1976, which empowered the Minister of Education to create regulations for student discipline in higher educational institutions.

What role does the Federal Constitution play in the legal system of Malaysia?

The Federal Constitution is the supreme law of Malaysia. It provides the framework for all other laws, and any laws that are inconsistent with it are invalid.

Why is it necessary for controls to be in place for subsidiary legislation?

Controls are necessary to ensure that subsidiary legislation does not exceed the authority given by the parent act or contradict it. If it does, the subsidiary legislation will be void, potentially causing legal issues.