Page 20 - PRINCIPLE OF LAW- FINAL (eISBN) pdf
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Politeknik Kota Bharu




                  1.4.1  WRITTEN LAWS:

                           •  Most essential source of law.

                           •  3 sources includes:



                           a)  Federal Constitutions and State Constitutions (Rectified

                               on 27.8.1957)

                               Constitution: The body of legal & non-legal rules concerning

                               the government of a state.


                               ▪  The Federal Constitution of Malaysia is the supreme law
                                   of Malaysia.


                               ▪  Written  by  Lord  Reid  Commission  and  Cobbold

                                   Commission.

                               ▪  15  Parts,  183  Articles  and  13  Schedules  (concerning

                                   religion and related subject)

                               ▪  Establish Malaysia as constitutional monarchy - YDPA as

                                   a Head of State

                               ▪  Power  of  Federal  &  state  Government,  also  the  basic

                                   fundamental right of the individual.

                               ▪  Can only be changed by a 2/3 majority of the total number

                                   of MP.

                               ▪  Any law inconsistent with FC may be challenged in court.


                               ▪  3 main branches of government (separation of power):
                                   (i)  Parliament ( MP, Senate)


                                   (ii) Executive (led by Prime Minister)

                                   (iii) Judicial (headed by Federal Court as a guardian of FC)











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