Question
1)Compare and contrast the reception of English Law in the Straits Settlements, the Malays States, Sabah and Sarawak. 2)Despite its merit, delegated legislation has several
1)Compare and contrast the reception of English Law in the Straits Settlements, the Malays States, Sabah and Sarawak.
2)"Despite its merit, delegated legislation has several defects. It brings with the danger of the enhancement of the powers of the executive and erosion of the powers of the legislature" (Ahmad Ibrahim, The Malaysian Legal System (1995), DBP, p99).
Based on the above statement, explain the defects of delegated legislation and the various control mechanisms to minimize these defects.
3)With reference to relevant authorities, discuss the application of the doctrine of judicial precedent in the superior courts of Malaysia. Consider also the circumstances when a court may depart from its previous decision.
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