Tuesday, November 10, 2009

Foreign law vs. Malaysia law


I am wondering during the Legal lecturer with a simple question... Do Malaysia law same with foreign law? Or both laws are standardize? I have been some research about foreign law and makes a bit comparison:

What is foreign law? It is the national (also referred to as domestic or internal) law of any country other than the United States and usually refers to constitutions, legislation, and cases. Foreign law has no effect outside the foreign jurisdiction, but it may regulate foreign entities within state boundaries. Comparative law is "the study of the similarities and differences between the laws of two or more countries, or between two or more legal systems. Comparative law is not itself a system of law or a body of rules, but rather a method or approach to legal inquiry.

The law of Malaysia is mainly based on the common law legal system. This was a direct result of the colonization of Malaya, Sarawak, and North Borneo by Britain between early 1800s to 1960s. The supreme law of the land—the Constitution of Malaysia—sets out the legal framework and rights of Malaysian citizens. Federal laws enacted by the Parliament of Malaysia applies throughout the country. There are also state laws enacted by the State Legislative Assemblies which applies in the particular state. The constitution of Malaysia also provides for a unique dual justice system—the secular laws (criminal and civil) and sharia laws.

But, how about legislation for foreign law? There are generally two approaches to looking for foreign law - by jurisdiction or by subject. If you are looking for a specific piece of legislation, first try the Foreign Law Guide database. It is particularly useful because it contains a section of law arranged by subject for each country. Simply select your jurisdiction and browse the subject headings. Government web sites usually provide legislation on their web sites and sometimes there are English translations of important or business-related areas. Be persistent when searching for legislation on foreign government web sites. If the parliamentary web site has nothing, try the government ministry that may be responsible for your area of law. For instance, we have found AIDS legislation on the Health ministry's web site and banking laws on a finance ministry web site. Many foreign government web sites have some pages in English (look for a small British flag), but it is less comprehensive in coverage.

In the nutshell, there are too many difference between foreign law and Malaysian law. Probably hope that there have some resources and documentary describing about these two kinds of law. There are also contains many confessions in theses two types of law. Hope that lecturer will show some video clip, article cases or others resources and share with us! (^,^)

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