Comparison
Read two legal systems against each other
Because every portal follows the same fifteen-section outline, the comparison is genuinely like-for-like rather than a collage of whatever each government happens to publish.
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| Attribute | Papua New GuineaReviewed | MalaysiaReviewed |
|---|---|---|
| Legal family | Common law with customary law | Mixed common law and Islamic law |
| System of government | Constitutional monarchy | Federal constitutional monarchy |
| Constitution | Constitution of the Independent State of Papua New Guinea | Federal Constitution of Malaysia |
| In force since | 1975 | 1957 |
| Capital | Port Moresby | Kuala Lumpur |
| Official languages | English, Tok Pisin, Hiri Motu | Malay, English |
| Currency | Papua New Guinean kina (PGK) | Malaysian ringgit (MYR) |
| Population | 10,300,000 | 34,100,000 |
| Division of powers | Decentralised but not federal. Twenty-two provinces, including the National Capital District, have provincial governments with limited legislative power under the Organic Law on Provincial Governments and Local-level Governments 1995. The Autonomous Region of Bougainville has a distinct constitutional status: its 2019 non-binding referendum returned 97.7% for independence, and the Constitution was amended in 2024 to provide a ratification pathway. | Federal, with 13 states and three federal territories. The Ninth Schedule sets out Federal, State and Concurrent Lists: land, Islamic law, Malay custom and local government are state matters, while trade, finance, defence and civil and criminal law are federal. Sabah and Sarawak hold additional competences — immigration, native customary land, and their own High Court — reflecting the terms on which they joined. |
| How law is made | Bills pass through three readings in the single chamber and receive the Governor-General's assent. Constitutional amendments must be published in advance, and depending on the provision require an absolute majority, two-thirds or three-quarters of all members, voted on at two sittings at least two months apart. Organic Laws follow the same entrenched process. The Speaker certifies that the constitutional requirements were met, and failure to follow them has led the Supreme Court to strike amendments down. | Bills pass both houses; the Dewan Negara can delay but not block, and money bills originate in the Dewan Rakyat. Royal assent is required and, since a 1994 amendment, is deemed given after 30 days if withheld. Amendments affecting the rulers, the special position of the Malays, citizenship or the position of Sabah and Sarawak require additional consents beyond the two-thirds majority. |
| Legal profession | A fused profession under the Lawyers Act 1986: lawyers are admitted by the National Court and hold an unrestricted or restricted practising certificate issued by the Papua New Guinea Law Society. Most qualify through the University of Papua New Guinea law degree and the Legal Training Institute's practical course. The Law Society regulates admission and discipline, and the Public Solicitor is the main provider of representation for those who cannot pay. | A fused profession of advocates and solicitors, but regulated separately by territory: the Malaysian Bar under the Legal Profession Act 1976 for Peninsular Malaysia, the Sabah Law Society, and the Advocates Association of Sarawak. Admission requires a recognised law degree or the Certificate in Legal Practice, pupillage of nine months, and admission by the High Court. Syariah practitioners are separately admitted by state Syariah authorities and require Syariah law qualifications. |
A comparison table flattens nuance by design. Where a difference matters to a decision you are making, open both portals and read the section in full — the constitutional detail behind a one-line summary is often the part that governs the outcome.