Principles of Law
Principles of Law
Principles of Law
Practice
ECM 517
Principles of Law
What is Law?
Law has many definition
The written and unwritten body of rules largely derived from custom and
formal enactment which are recognized as binding among those persons
who constitute a community or state, so that they will be imposed upon and
enforced among those persons by appropriate sanctions
Curzon
A command set by superior being to an inferior being and enforced by
sanctions (punishment)
John Austin
What is Law?
Law is a system of rules that people are supposed to
What is Justice?
Justice refers to fairness or rightfulness; it is a
ruat coelum
History of law
The history of law is closely connected to the development of
law. It was written in about 1280 BC. It has moral rules such as
the Ten Commandments, that tell people what acts are not
permitted.
Classification of Law
Law regulates the citizen in their relations
with the State (government) and with one
another. An easy way to see how it operates
in the legal system is to classify it in the light
of its relationship. Law can be classified into
public and private law.
Public Law
Public law regulates the relationship between
(is
used by ordinary citizens who want to challenge decisions made by
governments.)
Private Law
Private law (sometimes referred to as civil
Trust law sets out the rules for money that is put into an
Private Law
The party commencing an action is referred to
Religious Law
Religious law is law based on religious beliefs
Native Law
Personal law applicable to the natives of
Sources of Law
The main sources of Malaysian law are:
Federal Constitution
13 Constitution of the States
Federal laws made by Parliament
State laws made by State Assemblies
Federal and state subsidiary legislation
Judicial decisions of the Superior Courts
often referred to as common law or judgemade law
circumstances
Islamic law which is applicable to Muslims
Rule of Law
The Rule of Law is the law that says that Government can
only legally use its power in the way the government and
the people agree.
It limits the powers a Government has, as agreed in a country's constitution.
The Rule of Law prevents dictatorship and protects the rights of the people.
When leaders enforce the legal code honestly, even on themselves and their