Malaysian Litigation Series - Statutory Interpretation In Malaysia by Aznul Affendi bin Hasan Basri ,Abu Bakar Jais & Nik Ahmad Kamal bin Nik Mahmod | 2023 (E-book)
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Malaysian Litigation Series - Statutory Interpretation In Malaysia by Aznul Affendi bin Hasan Basri, Abu Bakar Jais & Nik Ahmad Kamal bin Nik Mahmod | 2023 (E-Book)
Aznul Affendi bin Hasan Basri ,Abu Bakar Jais
Nik Ahmad Kamal bin Nik Mahmod
|Publication Date||Feb , 2023|
|Publisher||Sweet & Maxwell|
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Quote from Foreword
“This book is a timely and useful addition to the legal literature on statutory interpretation as it provides insight into the development of statutory interpretation in Malaysian courts, particularly on constitutional matters.”
– From the Foreword by
Tun Tengku Maimun binti Tuan Mat
Chief Justice of Malaysia
About Statutory Interpretation In Malaysia:
Statutory interpretation is an important subject in the study and application of the law. Knowing the rules and the application of the rules are important for legal practitioners, judges, academics and law students. There are words in the statute that have specific meaning and specific legal implications. It is essential to understand the way those words or sentences are used and the way they are to be applied. Given the importance of this subject, it it timely that this book provides a detailed look at it from the Malaysian perspective.
Written by a team of authors with experience in the judiciary, the Attorney General’s Chambers, legal practice and academia, this book provides a diversified yet insightful view on this subject in Malaysia. It covers the principles of interpretation at common law as applied by Malaysian judges. Thorough consideration is focused on the interpretation of the Federal Constitution which raises key issues in many cases argued in Malaysian courts. As the Federal Constitution is the supreme law of Malaysia, the rules of interpretation have been carefully applied by judges to preserve, protect and defend it.
The application of the Interpretation Acts 1948 and 1967, in particular the introduction of purposive interpretation by way of section 17A of that Act, is given close consideration with comparison made to the approaches taken by the courts in other jurisdictions. Some illustrative cases of the application of selected provisions of the Act are discussed.
Further invaluable analysis of statutory interpretation covers extrinsic and intrinsic aids to interpretation as well as the application of presumptions. The status and application of the Malay language in Malaysian legislation are critically studied especially in situations where the Malay and English language texts may produce different interpretations. Rounding up the book, drafting conventions and expressions are looked at with the view of providing pointers on how legislation is drafted, best practice, and explanations on key elements of a statute.
This publication should be welcomed by lawyers, judges, judicial officers, inhouse counsel, draftspersons, academics and students for its comprehensive coverage of the law on statutory interpretation in Malaysia.
Key Features of Statutory Interpretation In Malaysia:
- First comprehensive treatment of statutory interpretation in Malaysia
- Careful analysis and discussion of important local case law
- Extensive practical knowledge of authors of the subject matter
- Analytical discussion of common law rules in the local context
- Ample citation of case authorities and legislative sources
Table Of Content of Statutory Interpretation In Malaysia:
2. Principles of Interpretation
3. Interpretation of the Federal Constitution
4. The Interpretations Acts 1948 and 1967
5. Extrinsic Aids to Interpretation
6. Intrinsic or Grammatical Aids to Interpretation
8. National Language and Statute in Malaysia
9. Drafting Conventions and Expressions