SGDU6043

LEGAL ASPECTS IN EDUCATIONAL

MANAGEMENT
Lecture 2
SOURCES OF LAWS
Dato Abd Rahman bin Yop
UUM College of Arts and Sciences

Definition : Law
To a layman, law is understood as being a
general rule of conduct.
Oxford English Dictionary : A body of enacted
or customary rules recognized by a
community as binding.
A body of principles recognized and applied by
the State in the administration of justice.
A body of rules which are enforced by the
State.

Definition : Law
As a command set by a superior being to an
inferior being and enforced by sanctions
(punishments). The Superior is being the State
and the inferior is being an individual. The
Sanctions are wide and include imprisonment,
fines, damages, injunctions and decrees of
specific performance.
As a tool to defend the rights of individuals
who are living in a group of people.

Law in Relation to Justice

The aim of the law is to attain justice in
society.
Justice is an abstract idea of right and wrong,
fairness and equality.
Therefore, the aim of a given law is to
encourage the doing of what is right or just in
a particular set of circumstances.

Law and Justice

However, in its application to a particular set
of circumstances, a law may not always
appear to be just.
For example : it is a rule of law that theft is a
crime under Section 378 of the Penal Code of
Malaysia, and is punishable by imprisonment
or a fine or both.
This rule is just for many people.

Law and Justice

For the same rule : Is it just for a destitute
person who steals food to feed his starving
children?
What is seen to be just today, may not be seen
to be so in the future.
This is because societal norms change from
time to time.
What is right for a country, may not be right
for other countries.

Sources of Laws
Written Law :
Federal Constitution
Education Act 1996
Education (National Curriculum) Regulation
1959
Education (School Discipline) Regulation
1958
Education (School Magazine and Multi
Media Materials) Regulations 1998

Sources of Laws
Education (School Associations) Regulations
1998
Public Officers (Conduct and Discipline)
1993
Professional Circulars (Surat Pekeliling
Ikhtisas)
School Regulations

Sources of Laws
Unwritten Law :
Law of Torts
Law of Natural Justice
Judicial Binding Precedent

Laws Related To Teachers and School

Managers
Types of Laws
Unwritten Law

Written Law

Federal Constitution
Education Ordinance 1957, Education Act 1996
Education (National Curriculum)
Regulations 1997
Education (School Discipline) Regulation 1959
Education (School Magazine and Multi Media
Materials) Regulation

Professional
Circulars
(Surat
Pekeliling
Ikhtisas)

Education (School Associations) Regulations 1998

Education (School Tour) Regulations 1959
Education (School Tour) Regulations 1959

School
Regulations

Laws Related To Teachers and School

Managers
Types of Laws
Unwritten Law

Written Law

Law of Torts
Law of Natural Justice

Negligence
Negligence in
Teaching
Negligence under the doctrine of in loco
parentis and the neighborhood principles

Audi Alteram Parterm

(The right to be heard)

Nemo Judex Incausa

Sua (Rules against bias)

The Federal Constitution

Is the supreme Law of Malaysia.
Article 4(1) of The Federal Constitution States:
This constitution is the supreme law of the
Federation and any law passed after Merdeka
Day which is inconsistent with this
Constitution shall, to the extent of the
inconsistency be void.

THE HEIRARCHY OF WRITTEN LAW

The violation
of the rule can
be charged in
court

The violation of
the regulation
can be charged
under disciplinary
action

Federal Constitution

The highest

Act
(i.e. Education Act 1996)

Passed by
Parliament

Regulation
(i.e. Education (National
Curriculum) Regulations 1997

Ministers
Jurisdiction

Professional Circulars
(Surat Pekeliling Ikhtisas)
School Regulations

Passed by
Director General
of Education
Passed by
the school
principal

Supreme Law
Even laws enacted by Parliament which are
inconsistent with the Federal Constitution may
be declared void by the courts.

Issue
As a principal, you have passed a regulation
that all pupils must wear stocking and those
who are not conforming to the rule will be
punished.
Is it a valid regulation?

HEIRARCHY OF COURTS IN MALAYSIA

FEDERAL COURTS
APPEAL COURTS

SUPERIOR
COURTS

HIGH COURTS

SESSION COURTS
MAGISTRATE COURTS

SUBORDINATE
COURTS

HEIRARCHY OF COURTS IN MALAYSIA

(1ST JANUARY 1987 22ND JUNE 1994)
FEDERAL COURTS
SUPERIOR
COURTS
HIGH COURTS

SESSION COURTS
MAGISTRATE COURTS

SUBORDINATE
COURTS

HEIRARCHY OF COURTS IN MALAYSIA

BEFORE 1ST JANUARY 1987
PRIVY COUNCIL (IN ENGLAND)
FEDERAL COURTS

SUPERIOR
COURTS

HIGH COURTS

SESSION COURTS
MAGISTRATE COURTS

SUBORDINATE
COURTS

THANK YOU