Unwritten Law In Malaysia Comprises
Unwritten laws are laws that are not enacted and not found in any constitution.
Unwritten law in malaysia comprises. Written law comprises of the federal and state legislation enacted by parliament and the state assemblies and the subsidiary legislation made by persons or bodies under powers conferred on them. English law can be found in the english common law and rules of equity. The federal constitution is the supreme law of the land. Sources of law in malaysia essay 891 words 4 pages.
However not all of england s common law and rules of equity form part of malaysian law. All of the thirteen states have their own constitutions known as the state constitution. The sources of malaysian legal system law are from two different laws which are the written and unwritten law. English law english law forms part of the laws of malaysia.
Written law is the law that has been enacted by the parliament and state legislative assemblies. Malaysia s legal system comprises laws which have arise from three significant periods in malaysian history dating from the malacca sultanate to the spread of islam to southeast asia and following the absorption into the indigenous culture of british colonial rule which introduced a. Unwritten law in malaysia comprises of the english law inherited from our british rulers judicial precedent and customs. Common law is a major part of many states especially commonwealth countries.
It refers to the portion of malaysia law which includes the following. Sources of law in malaysia are consist of three main law which are written law unwritten law and islamic law. There are three main sources of law in malaysia which are written law unwritten law and islamic law. It comprises of english law common law and equity judicial decisions and customs.
Federal and state constitutions. Unwritten law is mainly comprised of. On the other hand written law is basically when the law is consolidated into a singular document like how most of our laws can be found in their respective documents. Written law is the most important source of law.
It comprises of english law common law and equity judicial decisions and customs. Judicial precedent is one of the unwritten law in malaysia. Explain the written and unwritten law. Common law is a major part of many states especially commonwealth countries.
First of all i would like to brief to you about the sources of law in malaysia. In malaysia the main sources of law can classify into written law and unwritten law. Malaysia practices the mixed legal system which includes the common law islamic law and customary law. It is mainly made up of non statutory laws.