Legitimacy of the Common Law in Post-Colonial Malaysia
Joshua Neoh, ‘Legitimacy of the Common Law in Post-Colonial Malaysia’  LAWASIA: Journal of the Law Association for Asia and the Pacific 59
24 Pages Posted: 11 May 2020
Date Written: 2010
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
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