Legitimacy of the Common Law in Post-Colonial Malaysia

Joshua Neoh, ‘Legitimacy of the Common Law in Post-Colonial Malaysia’ [2010] LAWASIA: Journal of the Law Association for Asia and the Pacific 59

24 Pages Posted: 11 May 2020

See all articles by Joshua Neoh

Joshua Neoh

Australian National University

Date Written: 2010

Abstract

This article will defend the common law in Malaysia by constructing a theoretical foundation upon which the legitimacy of the common law can rest in the post-colonial era. Under the classical common law theory as developed by British jurists, the legitimacy of the common law rests upon the 'custom of the realm'. The argument of this article is that, in Malaysia, its legitimacy rests not on the 'custom' of the realm, but on the 'pluralism' of the realm.

Keywords: Common Law, Syariah Law, Malaysia, Liberalism, Pluralism

Suggested Citation

Neoh, Joshua, Legitimacy of the Common Law in Post-Colonial Malaysia (2010). Joshua Neoh, ‘Legitimacy of the Common Law in Post-Colonial Malaysia’ [2010] LAWASIA: Journal of the Law Association for Asia and the Pacific 59, Available at SSRN: https://ssrn.com/abstract=3591791

Joshua Neoh (Contact Author)

Australian National University ( email )

Canberra, Australian Capital Territory 0200
Australia

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