Lecture 2 - SGDU 6063 - Legal Issues in Education.pptx

8/10/2019 Lecture 2 - SGDU 6063 - Legal Issues in Education.pptx

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SGDU6043

LEGAL ASPECTS IN EDUCATIONALMANAGEMENT

Lecture 2

SOURCES OF LAWS

Dato Abd Rahman bin YopUUM College of Arts and Sciences


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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.


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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.


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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.


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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.


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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.


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Sources of Laws

Written Law :

Federal Constitution

Education Act 1996

Education (National Curriculum) Regulation1959

Education (School Discipline) Regulation

1958 Education (School Magazine and Multi

Media Materials) Regulations 1998


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Sources of Laws

Education (School Associations) Regulations

1998

Public Officers (Conduct and Discipline)

1993

Professional Circulars (Surat Pekeliling

Ikhtisas)

School Regulations


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Sources of Laws

Unwritten Law :

Law of Torts

Law of Natural Justice

Judicial Binding Precedent


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Laws Related To Teachers and School

Managers

Types of Laws

Unwritten Law Written Law


Education Ordinance 1957, Education Act 1996

Education (National Curriculum)

Regulations 1997

Education (School Discipline) Regulation 1959

Education (School Magazine and Multi MediaMaterials) Regulation

Education (School Associations) Regulations 1998

Education (School Tour) Regulations 1959

Education (School Tour) Regulations 1959

Professional

Circulars

(Surat

Pekeliling

Ikhtisas)

School

Regulations


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Laws Related To Teachers and School

Managers

Written Law

Types of Laws

Unwritten Law

Law of Torts

Negligence

Law of Natural Justice

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)


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The Federal Constitution

Is the supreme Law of Malaysia.

Article 4(1) of The Federal Constitution States:

This constitution is the supreme law of theFederation and any law passed after Merdeka

Day which is inconsistent with this

Constitution shall, to the extent of the

inconsistency be void.


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THE HEIRARCHY OF WRITTEN LAW


Act

(i.e. Education Act 1996)

Regulation(i.e. Education (National

Curriculum) Regulations 1997

Professional Circulars(Surat Pekeliling Ikhtisas)

School Regulations

The violation

of the rule can

be charged in

court

The highest

Passed by

Parliament

Ministers

Jurisdiction

Passed byDirector General

of Education

Passed by

the school

principal

The violation of

the regulation

can be charged

under disciplinary

action


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Supreme Law

Even laws enacted by Parliament which are

inconsistent with the Federal Constitution may

be declared void by the courts.


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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?


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HEIRARCHY OF COURTS IN MALAYSIA

FEDERAL COURTS

APPEAL COURTS

HIGH COURTS

SESSION COURTS

MAGISTRATE COURTS

SUPERIOR

COURTS

SUBORDINATE

COURTS


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HEIRARCHY OF COURTS IN MALAYSIA(1STJANUARY 198722NDJUNE 1994)

FEDERAL COURTS

HIGH COURTS

SESSION COURTS

MAGISTRATE COURTS

SUPERIOR

COURTS

SUBORDINATE

COURTS


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HEIRARCHY OF COURTS IN MALAYSIABEFORE 1STJANUARY 1987

PRIVY COUNCIL (IN ENGLAND)

FEDERAL COURTS

HIGH COURTS

SESSION COURTS

MAGISTRATE COURTS

SUPERIOR

COURTS

SUBORDINATE

COURTS


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THANK YOU

Lecture 2 - SGDU 6063 - Legal Issues in Education.pptx

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