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UNIVERSITI

TEKNOLOGI
MARA
KAMPUS SEREMBAN 3
FSPPP
AM1102B
INTRODUCTION TO POLITICAL SCIENCE
PAD120
EXPLAIN THE SOURCES OF LAW. JUSTIFY YOUR DISCUSSION WITH THE
EXAMPLES FROM DIFFERENT COUNTRIES.
PREPARED BY:
NURUL FARHANA BINTI ABDUL HADI

2014239008

SITI HADHILA BINTI HAMZAH

2014694094

NOR AIENNIENATULNISA BINTI NOOR AZHAR

2014678124

MAS NUR SHAFIQAH BINTI MUSA

2014492738

NOOR ATIQAH BINTI MOKTHAR

2013327039

PREPARED FOR;
MISS SHAHIDAH BINTI ABDUL RAZAK
DATE OF SUBMISSION
13 JANUARY 2015

CONTENTS

NO
1.0

TITLE
Introduction

2.0

Types Of Discipline

3.0

Approaches In Handling Employees Discipline

4.0

Rules And Regulations Practices In Public Sector

5.0

(Statutory Body Act 606 Discipline And Surcharge 2000)


Conclusion

PAGE
1
2
3-4
5-7
8

1.0 INTRODUCTION
1.1

DEFINITION OF LAW

To the layman, law is understood as being a general rule of conduct. General rule that
outline an prescribed limitation of human behaviour. In Oxford English Dictionary, law is
defined as the body of enacted or customary rules recognized by a community as
binding. In Jowitts Dictionary of English Law state that a rule of action to which men
obliged to make their conduct comfortable, a command, enforced by some sanction, to
acts or forbearance of a class. However, the word law has been given many definitions
by lawyers. (E | Sykes et al, (1997), General Principles Of Administrative Law,
Butterworths).

1.2

DEFINITION OF SOURCES LAW


The word sources has several meanings which may include the historical sources,

legal sources and the places where the law can be found. Historical sources are factors
that have influenced the development of the law although they are not recognized as law.
These factors may include religion beliefs, local customs and opinion of jurists. Legal
sources are the legal rule that make up the law. The places where the law can be found is
such as statutes, law reports and text books.(Rebecca M. M. Wallace, (2005),
International Law, London. : Sweet & Maxwell Limited)

2.0 HISTORY OF LAW

The history of law is the history of our race, and the embodiment of its experience. It is the most
unerring monument of its wisdom and of its frequent want of wisdom. The best thought of a people is
to be found in its legislation; its daily life is best mirrored in its usages and customs, which constitute
the law of its ordinary transactions.

The recognition of the existence of law outside of himself, and yet binding upon him, is inherent
in man's nature, and is a necessity of his being. And this is as much as to say that the very existence of
human society is dependent upon law imposed by some superior power. While from our present
standpoint the ultimate finite existence is that of the individual, and all true philosophy recognizes that
society exists for the individual, and not the individual for society, yet it is also true that the individual
is intended to exist in society, and that he must in many things subordinate his own will to that of
society, and inasmuch as society can not exist without law, it is a necessary deduction of reason that
the existence of law is coeval with that of the human race.

For, if the origin of law were to be sought in compact, a similar compact would suffice to
abrogate it; and if it depended on the force of the majority, the wrongfulness of disobedience to its
behests would depend entirely upon its discovery and manifestation to the world.

3.0 SOURCES OF LAW

3.1 Customs
Customs in international law is a practice followed by those concerned because they

feel legally obliged to behave in such a way. Custom must be distinguished from mere
usage, such as behaviour, which may be done out of courtesy, friendship or convenience
rather than out of legal obligation or a feeling that non-compliance would produce legal
consequences.(Rebecca M. M. Wallace, (2005), International Law, London. : Sweet &
Maxwell Limited)

3.2 Equity
Equity was identified as constituting part of international law, while the International
Court of Justice in the North Sea Continental Shelf cases directed the parties involved to
seek a solution by reference to equitable principle. Principles of equity in the senses of
fairness, justice and reasonableness are akin to general principles and this may beg the
question why they are not always considered under the umbrella of general principles.

3.3 Treaties
Treaties refers to any international conventions, whether general or particular,
establishing rules expresssly recognised by the contesting states. A treaty, although it
may identified as comparable in some degree to Parliamentary Statute within municipal
law, differs from the latter, in that it only applies to those states which agreed to its terms,
and normally a treaty does not have universal application.
4.0 SOURCES OF LAW IN DIFFERENT COUNTRY

4.1 MALAYSIA
4.1.1

Customs

Customs relating to family law, i.e. Marriage, divorce and inheritants. Acts 1976,
Hindu and Chinese customary law applied to the Hindus and Chinese respectively. In
Sabah and Sarawak, native customary laws applied in land dealings. In Peninsular
Malaysia, there are two main varieties of Malay customary law: the Adat Perpatih and
the Adat Temenggung. The Adat Perpatih is prevalent among Malays in Negeri
Sembilan and Naning in Melaka, and its effective in matters such as land, turnure, lineage
and the election of lembaga, undang and the Yang Di Pertuan Besar. The others States
practices the Adat Temenggung. The Adat Temenggung which originated from
Palembang, Sumatera expands a patrilineal system of law. (Lee Mei Pheng, (2007),
General Principles Of Malaysian Law, Shah Alam.:Oxford Fajar Sdn Bhd.)

4.1.2 Legislation
Legislation refers to laws made by a person or body which has the power to make
law. In Malaysia, both Parliment and the Legislative Assemblies possess authority to
enact laws in their respective areas. Laws made by Parliment may extend throughout the
country and extra territorially while laws enacted by a state Assembly can only apply to
that state. The following nomenclature is used in reference to specific pieces of
legislation.

1. Act. Is a federal law made by Parliment although those made between the period

of the Malayan Union in 1946 and 10th September 1959 are called Ordinances.
2. Enactment. Is a state law made by a State Legislative Assembly with the exception
of Sarawak where its laws are called Ordinances
3. Ordinance is a law made by the king (Yang di-Pertuan Agong) during a
proclamation of an emergency when Parliment is not sitting concurrently.

4.1.3

Judicial Decisions

Malaysian Law can also be found in the judicial decision of the High Court, Court of
Appeal, Federal Court, Supreme Court and the Judicial Committee of the Privy Council.
Decisions of these courts were made, and still are being made, systematically by the use
of what is called the Doctrine of binding judicial precedents

Judges do not decide cases arbitrarily. They follow certain accepted principle
commonly known as precedents. Precedents are basically decision made by judeges
previously in similar situation. If a judge applies an existing rules of law without
extending it, his decision may be called a declaratory precedent; whereas if the case
before him is without precedents, then the decision made by him may be called an
original precedents. In this way, judges are constantly constributing to the growth of
unwritten law in this country.
4.2 JAPAN

4.2.1

Customs

Custom can be persuasive basis for a court judgement. The law on the Application of
Laws generally provided that if custom is not contrary to public order or to morality,it has

an effect equivalent to law. This is conditioned on the custom not having been excluded
by legislation and that there is no law addressing the issue. The Japanese Codes that were
adopted in the 19th century were modeled after foreign codes, hence a discrepancy existed
between the witten law and the social culture of the time. Custom and court judgments
were to of the major ways in which the Codes were adapted to a rapidly changing society.
The courts have at times upheld Custom that were opposed to mandatory provision of the
laws.(Kenneth L. Port, (1996), Comparative Law and Legal Process In Japan, Durham,
North Carolina).

4.2.2

Treaties

The Constitution is silent on the subject of whether a signed and ratified treaty has
the value of law at a national level, and the point is disputed by theorists.In Japan, a treaty
is conclude by the Cabinet, but it must also be approved by the Diet. The Diet is obligated
to fully reject or approve a treaty and can not alter it in any way. In order to implement an
international treaty in most sovereign states, its necessary to incorporate it into the
national legal system. In Japan, it is not necessary to transform a treaty into national law;
it can be incorporate into the legal system without being transformed.

Since the Constitution states that treaties to which Japan is a party should be
observed faithfully and the approval of the Diet is needed for acceptance, it is generally
agreed that international treaties are superior to statute law. In 1974, in an official
opinion, the government listed the following matters that are within the scope og treaties

that require approval by the Diet. They are: treaties that pertain to matters that fall within
the capability of the Diet, for instance treaties affecting teritorial issues or tax treaties;
treaties needing particular financial attentions.

4.2.3

The Principles of the Constitution

The three basic tenets of the current Constitution are the sovereignty of the people,
pacifism of the nation, and the imviolability of fundemental human rights.Upon the
adoption of the present Constitution,sovereignty passed from the Emperor to the people
of the country. The people exercise their power by electing representative to the
Diet,which is the highes law-making body in the country.In comparison to the powers the
Emperor had under the Meiji Constitution, his present powers are very limited.He is able
to appoint the prime minister, but only after the minister have been elected by the Diet.
He can appoint the chief judge of the Supreme Court on the advice of Counsel;
promulgate amendments to the Constitution, legislation,decrees and treaties; convoke the
Dietl; attest to the appointment of minister; and receive foreign ambassadors. In sum, the
duties of the Emperor are now ceremonial while the decision-making authority is with the
people.

4.3 EUROPEAN

4.3.1

Treaties

Treaties are refered to as the primary legislation of the community as they form the
constitution and give the structure of institutions and extent of powers. The principles of

European law derive from the 1957 Treaty of Rom, but this has bin amended by a number
of other treaties such as the Maastricht Treaty and the Treaty of Amsterdam.(Penelope
Kent, (1996), Law of The European Union, London).

4.3.2

Regulations

Regulations principal means by which the Coummunity legislates. They are binding
in their entirety. They are directly applicable and do not need to be transposet
international law by the respective member states in order for them to take effect.An
example of regulation would be Regulation (EC) NO 1049/2001 regarding public access
to European Parliment, Council and Commission documents.

4.3.3

Directives

A Directive is binding,as to the result to be achieve, upon each Member State to


which it is addressed, but leaves to national authority the choice are form an method. The
choice of method of implementation, form an enactments are left to each Member State.
The European Commission is responsible for ensuring that the Member State implement
a Directive.

4.4

INDONESIA

4.4.1 Customs
Adat law is living law, because it is the incarnation of the legal feeling among
society. According to its natural character, adat law is continuosly in a state of growth and
development, like life itself. This positivist division between law and custom, however
see the two entities as entirely dinstinct in character. Example, the most common form of
adat land tenure is a commuanal right over land shared by all members of an adat society.
For it to exist, there must be a definable community, a designated leader and a terrttory as
hak ulayat. Hak means right and ulayat is an arabic wordmeaning a controlled our ruled
area, territory or jurisdiction. As a general principle, under hak ulayat the community
retains the authority to manage land use and ownership, both internally and externally.
(Timothy Lindsey, (2009), Indonesia Law and Society, Sydney).

4.4.2

Judicial Decisions

Before a decision can be implemented it must have certainty status, that is, it must
be unreviewable by a higher court. Certainty status is attributed to decisions of the
Pengadilan Negeri which have stood for 14 days without a request for an appeal to the
Pengadilan Tinggi (High Court) being lodged. After a decisions of the court has achieved
certainty status, the unsuccessful party can comply with the decision on its own
initiative. If the decision concerns the payment of money and its not implemented within
eight days the court can take any chattel owned by unsuccessful party.

For example, in the Kedung Ombo case the Mahkamah Agung ordered the
goverment to pay a substantial amount of compensation to villagers whose land it had

compulsorily acquired in order to build the Kedung Ombo dam.

4.4.3

The Integralist State

This constitutional flexibility comes from its simplicity. Created in the interregnum
between impending Japanese collapse and establishment of the first Republican
Government in August 1945 it is the shortest Constitution in the world. This is largely
because the working out of the notion of negara hukum in the Constitution is itself
problematic. The essence of Negara Hukum is said to be trias politika, the political
traid. This is concept interpreted by New Order opponents as as implying separation of
powers but interpreting by orthodox Indonesian constitutionalist. Suggestions of
separations of powers in the constitution drawn from American precedent are
overwhelmed by political orthodoxy to rationalise precisely the opposite result, the
concentration of powers in the hands of the executive at the expense of the other limbs of
government.

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CONCLUSION
In different country, they have a different sources of law. Each of the law is important
such as customs,treaties,judicial decision,the integral state and English law. They play an
important roles in order to make the systematically and organised country. Law is allpervasive, it exist and every cell of life, it affects everyone virtually all of the time, it
governs everything in life and even what happen to us after life, it applies to everything
from the embryo to exhumantion, it governs the air we breathe, the food and drink that
we consume, our travel, sexuality, family relationship and our property. It applies at the
bottom of the ocean and in space. It regulates the world of sport, science, employment,
business, political liberty, education, health services, everything in fact from neighbour
disputes to war.

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REFERENCES

1.

Kenneth L. Port, (1996), Comparative Law and Legal Process In Japan, Durham,
North Carolina.

2.

Timothy Lindsey, (2009), Indonesia Law and Society, Sydney

3.

Rebecca M. M. Wallace, (2005), International Law, London

4.

Penelope Kent, (1996), Law of The European Union, London

5.

Lee Mei Pheng, (2007), General Principles Of Malaysian Law, Shah Alam

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