Malaysian Legal System and Hospitality Law

Practice flashcards covering the Malaysian legal system, the history of the Federation, branches of government, and sources of law as presented in the lecture notes.

Law (Article 160(2))

Includes written law, the common law in so far as it is in operation in the Federation or any part thereof, and any custom or usage having the force in the Federation or any part thereof.

Federation of Malaya

Established on 31 August 1957, comprising states such as Johor, Kedah, Melaka, and others.

Malaysia Day

16 September 1963, the day the Federation was enlarged with the addition of Sabah, Sarawak, and Singapore.

Supreme Law

The Federal Constitution, which stipulates in Article 4(1) that any law passed after 31 August 1957 inconsistent with it shall be void.

Constitutional Monarchy

A system where the Head of State is the Yang di-Pertuan Agong, who exercises executive powers on the advice of the Cabinet.

The Legislature

The branch of government that makes the law, represented by Parliament.

The Executive

The government of the day that implements or administers the laws and policies.

The Judiciary

The branch that interprets the law and decides cases; includes the Federal Court, Court of Appeal, and High Courts.

Dewan Negara

The upper house (Senate) of Parliament consisting of 70 senators serving maximum terms of two 3-year appointments.

Dewan Rakyat

The lower house (House of Representatives) of Parliament consisting of 222 elected members serving terms of up to 5 years.

Federal List

A legislative list of matters on which only Parliament may make laws.

State List

A legislative list of matters, such as Islamic affairs, on which only State Legislatures may make laws.

Concurrent List

A legislative list where both Parliament and State Legislatures have the power to make laws.

Article 75

States that if any State law is inconsistent with Federal law, the Federal law shall prevail and the State law shall be void to the extent of the inconsistency.

Public Law

Law dealing with the rights of individuals in the state and the powers of government, including Constitutional and Criminal law.

Private Law

The branch of law concerned with legal relations between private individuals, such as Contracts and Torts.

Tort Law

Private law regarding claims for civil wrongs or breaches of general duty where no prior agreement (contract) exists between parties.

Statute

Laws enacted by Parliament, such as the Food Act 1983 or Tourism Industry Act 1992.

Subsidiary Legislation (Delegated Legislation)

Any proclamation, rule, regulation, order, or by-law made under an Act by a person or body empowered by Parliament.

Common Law

Also known as judge-made law or case law, it refers to legal principles laid down by the courts through judicial decisions.

Doctrine of Stare Decisis

The doctrine of binding judicial precedent where a court follows previous decisions if the material facts of a case are the same.

Ratio Decidendi

The reason or rationale for a judicial decision that becomes the binding element in future cases.

Vertical Stare Decisis

The process where a subordinate court is bound by the decisions of a higher court.

Horizontal Stare Decisis

The process where certain courts are bound by their own previous decisions or those of a predecessor court with coordinate jurisdiction.