Undang-Undang Bertulis

FEDERAL CONSTITUTION (PERLEMBAGAAN PERSEKUTUAN)
Federal Constitution is said to be the highest law of land. The Constitution was drafted by the Reid Commission in 1956 with 5 representatives from India, British, Pakistan and Australia. The Constitution came into force following the independence on August 31, 1957. It consists of 15 Parts, 183 Articles and 13 Schedules.

Article 4(1) state that the constitution is the supreme law of the federation and any law passed after Merdeka Day which is inconsistent with this constitution shall, to the maximum extent of inconsistency, be void. But, Article 159 and 161E provides provisions to allow the constitution to be amended with the condition of 2/3rds majority in both houses of Parliament agreeing to the amendment. Some may think that the constitution is not supreme because of this conflict. The constitution amended based on the needs of the current situation of the country and the people to bring benefits, holiness and and goodness to the public. This is why the constitution is still placed in a high position.

It lays the fundamental rights of individuals and the scope of powers of the Federal and State governments. The government, even though having much authority, is still bound by the Federal Constitution and cannot go against it, e.g. the government cannot take away a person's citizenship without any reason, force people to work without pay or imprison a person not according to the laws. If any person feels that the government has taken action against him or her wrongfully, he or she can take the government to court.

STATE CONSTITUTION (PERLEMBAGAAN NEGERI)
State Constitution is the same as Federal Constitution, except it is set by the states in Malaysia. The 8th schedule of the Federal Constitution mentions certain provisions that are to be included in the State Constitutions such as state executive members, finance, the state legislative assembly, roles of the Sultan or Yang di-Pertua Negeri, and etc. Article 71 mentions that all state constitutions must contain their provisions, otherwise the Parliament can enforce those provisions or abolish any provision in the state constitution that contradict with those provisions.

ACTS OF PARLIAMENT (AKTA PARLIMEN)

Acts are legislation that are established by the Parliaments at federal level. In Malaysia, the legislative gets its authority from the Federal Constitution. It mentions the scope of the Parliament. If the Parliament  makes a law which is not in its scope of authority or contradicts with the constitution, the courts can declare that as null and void. On the other hand, the courts would have to use laws made by the Parliament if the law is regarding issues related to their authority and conforms to the constitution. Article 74 of Federal Constitution states that parliament may make law with referring to matters provided in the federal list. Article 75 of Federal Constitution states that if there are any contradictions between federal and state laws, the federal law shall prevail and state law is void to the scope of inconsistency.

ENACTMENT AND ORDINANCE (ENAKMEN DAN ORDINAN)

Enactment and Ordinance are legislation that are enacted by the State Legislative Assemblies at the state level. Laws enacted by the Sarawak State Legislative Assemblies is known as Ordinance and in other twelves states of Malaysia are known as Enactment. The legislative gets its authority from the Federal and State Constitution. It mentions the scope of the  State Assembly. If the State Assembly makes a law which is not in its scope of authority or contradicts with the state constitutions, the courts can declare that as null and void. On the other hand, the courts would have to use laws made by the State Assembly if the law is regarding issues related to their authority and conforms to the state constitution. Article 74 of Federal Constitution states that state legislative may make law with referring to matter provided in the state list.

SUBSIDIARY LEGISLATION (PERUNDANGAN KECIL)
Subsidiary Legislation are made by the persons or bodies who are authorized to by the legislatures. According to Interpretation Act 1967, subsidiary legislation are defined as rules, regulations, by laws, order, notifications made under legislation. Legislatures provide the basic law. It has insufficient time to expand the scope of law which can be applied by the bodies and persons to govern day-to-day matters. So the authority is delegated to them to make their own laws, but there should not be any contradictions between the subsidiary legislation and the basic law or Federal Constitution. If such, the subsidiary legislation can be void. There is an exception to this. Parliament may pass the power to legislate any subsidiary legislation during emergency, even if there are any contradictions with the Federal Constitutions involved, due to some exception in Article 150 of Federal Constitution. The related case is Eng Keock Cheng v. Public Prosecutor. In this case, Eng Keock Cheng who was convicted committed 2 offences during emergency period and was ordered to put to death. He appealed on the ground that there were neither a preliminary enquiry nor a jury adopted by High Court which were required under Criminal Procedure Act and claimed that the procedures set out in Emergency (Criminal Trial) Regulations 1964 was invalid as it contradicts with Article 8 of Federal Constitution. It was held that Parliament may pass the power to legislate any subsidiary legislation during emergency, even if there are any contradictions with the Federal Constitutions involved, due to some exception in Article 150 of Federal Constitution. The appeal was dismissed.