Difference Between Written Law And Unwritten Law In Malaysia

This is known as the common show more content.

Difference between written law and unwritten law in malaysia. Sources of law in malaysia is divided into two namely the written laws and unwritten. A written constitution may also be termed as an enacted. Written law is the most important source of law. In other words a distinction between constitutional law and ordinary law is maintained.

Sections 3 1 and 5 1 of the civil law act 1956 specifically permit the reception of english common law and equity in malaysia subject to the limitations contained therein. The constitution which is systematically and rationally written down and embodied in a single document bearing a specific date or different dates is said to be written constitution contrary to this an unwritten constitution does not mean that no provisions or laws of the constitution will be found in written form but it means that they are not legally incorporated in a single book however. English common law and the rules of equity this is also a very important source of malaysian law. The first is regarded as superior to the second.

The laws of malaysia can be divided into two types of laws which are written law and unwritten law. Written law is the most important source of law. Unwritten laws are laws which are not contained in any statutes and can be found in case decisions. Unwritten law comprises the following.

Written laws are laws which have been enacted in the constitution or in legislation. The malaysian legal system is based on english common law. It refers to the portion of malaysia law which includes the following. The difference between written and unwritten constitution are as follows.

All of the thirteen states have their own constitutions known as the state constitution. It is the result of the conscious and deliberate efforts of the people. Written constitution is one which is found in one or more than one legal documents duly enacted in the form of laws. Federal and state constitutions.

Law in malaysia case study 813 words 4 pages. The sources of malaysian law means the legal rules that make the laws in malaysia which can be classified into written and unwritten law. In addition the law also refers to the unwritten law is not enacted by the legislature in the country or it is not derived from the federal constitution or the constitution states in malaysia. It is precise definite and systematic.

A written constitution is generally rigid and a procedure separate from that of enacting ordinary law is provided for its amendment or revision.