Publisher's Synopsis
The Assessment of the role that the methodology of comparative law plays in comparison is an absolute reality; enabling us to espouse a sound methodological framework resulting in a better understanding, the role of law in different countries as a way of promoting insight and knowledge and, perhaps, to some degree of harmonization over critical issues or, at least, a measure of common understanding. The gathering of legal knowledge obtained through comparative law can be an important portal to a foreign culture. The inputs gathered can usefully highlight the inner workings of a foreign legal system. And these inputs can be used to our own legal culture, helping illustrate, different perspectives that may result in a deeper understanding of our legal order. Foremost, we have to shed some insight into comparative law. The significance of comparative law is the act of comparing the law of one country to that of the other. Subsequently, the basis for comparison is a foreign law juxtaposed against the measure of a country's own law. Simultaneously, the comparison may be wider: for more than two laws, or a single law, mightier than promulgated words. The rudimentary act in comparison is looking at one substance of legal data in relationship to another and then assessing how the two materials of legal data are similar and how are apparently they any different? We need to dig out the underlying structure of law to understand better what the law really is and how it actually functions within a country. Preforming this act, may need us to explore the sub-congenial forces that influence law, including but not limited to religion, history, geography, morals, customs, philosophy or ideology, alongside other motivational elements. Hence been a national and a resident of Malaysia by birth, I thought of Comparing the laws of my mother country with her specific resilience to accommodate laws employed concurrently into her legal system.On 31st of August 1957, exactly at 9:30 am, Tunku Abdur Rahman Putra, declared Merdeka or independence for Malaysia from the British. It was the beginning of a new dawn and the long struggle for independence from the British finally came to a desirable resultant. Ever since her inception, Malaysia faced great number of Legal challenges, primarily of developing a legal framework of her own were at the core of successive governments post-independence. Desperate attempts were made in 1963, 1965, 1981 and then in 1988, followed by the article 121 (1A) of the constitution, but all attempts went in vain to develop a comprehensive legal system, due to uncertainty of the statutes, codes and their applications into the Malaysia socio-political nomenclature. Finally the current Constitution of Malaysia was adopted through the development done by the Delegates of the Reid Commission and later of the Cobbold Commission. The Amendments led the Senate, one of the two Houses of the Parliament, established an Economic, social and cultural council, and removed the limitation of Sultan's terms in office, a legal framework was documented by Legal experts and granted approval through the National Assembly and the Senate through an overwhelming majority of both houses of the Parliament. Coinciding with the development of the Constitution of the Republic of Malaysia was the adopted legacy of the British Rule, resulting in the influence of the Common law courts system.