English Law in Malaysia Essay Sample

Common Law is a major portion of many States. particularly Commonwealth states. The common jurisprudence is based on the rule of make up one’s minding instances by mention to old judicial determinations. instead than to written legislative acts drafted by legislative organic structures. The determinations came from English Common Law tribunals and are indispensable instance jurisprudence made by English Judgess. It is based on tradition. past patterns and legal case in points set by tribunals through reading of statues. legal statute law. and past regulations.

The being on English Common Law assists justice to make up one’s mind instances when Statute is non equal to cover the state of affairs. Section 5 of the Criminal Procedure Code states that English jurisprudence shall be applied in instances where no specific statute law has been enacted. However. merely the relevant portion which is suited to the local demands and fortunes applies. Consequently non all English Torahs are applicable in Malaysia. This can be look at the formation of Malayan jurisprudence is non wholly by English jurisprudence bespeaking that non all English Torahs are applicable in Malaysia.

The application of English Common jurisprudence could be illustrated by the state of affairs when there is no jurisprudence government by a peculiar fortunes. Malaysia instance jurisprudence can be applied. If there is no Malayan instance jurisprudence. English instance jurisprudence can be applied. In the instance “Commonwealth of Australia v. Midford ( Malaysia ) Sdn. Bhd” . it was held that the philosophy of crowned head or Crown unsusceptibility which was developed in English Common Law after 1956 should use in Malaysia. It was said that any developments in English Common Law after 1956 should use in Malaysia.