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The Law in a Post-Colonial State: The Shareholders' Oppression Remedy in Malaysia

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The Law in a Post-Colonial State: The Shareholders' Oppression Remedy in Malaysia. / Salim, Mohammed Rizal; Lawton, Philip.
In: Global Jurist, Vol. 8, No. 1, 02.2008.

Research output: Contribution to Journal/MagazineJournal articlepeer-review

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Salim MR, Lawton P. The Law in a Post-Colonial State: The Shareholders' Oppression Remedy in Malaysia. Global Jurist. 2008 Feb;8(1). doi: 10.2202/1934-2640.1236

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Salim, Mohammed Rizal ; Lawton, Philip. / The Law in a Post-Colonial State: The Shareholders' Oppression Remedy in Malaysia. In: Global Jurist. 2008 ; Vol. 8, No. 1.

Bibtex

@article{01751fa0b4334da48125bd8862a466f5,
title = "The Law in a Post-Colonial State: The Shareholders' Oppression Remedy in Malaysia",
abstract = "Once colonised by the British, Malaysia inherited the British political and legal system, as well as written and judge-made laws. We trace the development of the law on the shareholders{\textquoteright} oppression remedy in Malaysia, and compare it with the development in England. We found that the influence of English case laws is still very pervasive in the courtroom. The reasons for this includes, among others, the use of a company law statute based on the British statute, the reliance of English case laws and other legal materials, the legal training of members in the legal profession, as well as the use of the English legal tradition and the English language in the Malaysian courtroom. We conclude that despite a similarity in the written law, the sharing of a common legal heritage and a propensity by Malaysian lawyers and judges to use English laws, the laws as applied by the courts in Malaysia is not identical to the law in England. There was a desire to keep up with English developments, but in the whole the Malaysian courts have not been able to keep pace. In the courtroom, the lack of resources and expertise are probably the main factors contributing to the underdevelopment of the law. The propensity to rely on the reforms in other countries with little emphasis to the peculiarity in the local environment has undermined law reform. We argue that an effective law-making process and legal institutions are as important as the law itself. ",
keywords = "post-colonialism, company law , shareholders , oppression remedy , unfair prejudice , Malaysia",
author = "Salim, {Mohammed Rizal} and Philip Lawton",
year = "2008",
month = feb,
doi = "10.2202/1934-2640.1236",
language = "English",
volume = "8",
journal = "Global Jurist",
issn = "1934-2640",
publisher = "Berkeley Electronic Press",
number = "1",

}

RIS

TY - JOUR

T1 - The Law in a Post-Colonial State: The Shareholders' Oppression Remedy in Malaysia

AU - Salim, Mohammed Rizal

AU - Lawton, Philip

PY - 2008/2

Y1 - 2008/2

N2 - Once colonised by the British, Malaysia inherited the British political and legal system, as well as written and judge-made laws. We trace the development of the law on the shareholders’ oppression remedy in Malaysia, and compare it with the development in England. We found that the influence of English case laws is still very pervasive in the courtroom. The reasons for this includes, among others, the use of a company law statute based on the British statute, the reliance of English case laws and other legal materials, the legal training of members in the legal profession, as well as the use of the English legal tradition and the English language in the Malaysian courtroom. We conclude that despite a similarity in the written law, the sharing of a common legal heritage and a propensity by Malaysian lawyers and judges to use English laws, the laws as applied by the courts in Malaysia is not identical to the law in England. There was a desire to keep up with English developments, but in the whole the Malaysian courts have not been able to keep pace. In the courtroom, the lack of resources and expertise are probably the main factors contributing to the underdevelopment of the law. The propensity to rely on the reforms in other countries with little emphasis to the peculiarity in the local environment has undermined law reform. We argue that an effective law-making process and legal institutions are as important as the law itself.

AB - Once colonised by the British, Malaysia inherited the British political and legal system, as well as written and judge-made laws. We trace the development of the law on the shareholders’ oppression remedy in Malaysia, and compare it with the development in England. We found that the influence of English case laws is still very pervasive in the courtroom. The reasons for this includes, among others, the use of a company law statute based on the British statute, the reliance of English case laws and other legal materials, the legal training of members in the legal profession, as well as the use of the English legal tradition and the English language in the Malaysian courtroom. We conclude that despite a similarity in the written law, the sharing of a common legal heritage and a propensity by Malaysian lawyers and judges to use English laws, the laws as applied by the courts in Malaysia is not identical to the law in England. There was a desire to keep up with English developments, but in the whole the Malaysian courts have not been able to keep pace. In the courtroom, the lack of resources and expertise are probably the main factors contributing to the underdevelopment of the law. The propensity to rely on the reforms in other countries with little emphasis to the peculiarity in the local environment has undermined law reform. We argue that an effective law-making process and legal institutions are as important as the law itself.

KW - post-colonialism

KW - company law

KW - shareholders

KW - oppression remedy

KW - unfair prejudice

KW - Malaysia

U2 - 10.2202/1934-2640.1236

DO - 10.2202/1934-2640.1236

M3 - Journal article

VL - 8

JO - Global Jurist

JF - Global Jurist

SN - 1934-2640

IS - 1

ER -