Written Law And Unwritten Law In Malaysia
Federal and state constitutions.
Written law and unwritten law in malaysia. In written law itself there are four major components which comprise of the federal constitution state constitution legislations and statutes and subsidiary delegated legislations. Written law and unwritten law. All of the thirteen states have their own constitutions known as the state constitution. English law english law forms part of the laws of malaysia.
Explain the written and unwritten law. The federal constitution is the supreme law of the land. Unwritten law comprises the following. It is the result of the conscious and deliberate efforts of the people.
It is the result of the conscious and deliberate efforts of the people. It is precise definite and systematic. Written constitution is one which is found in one or more than one legal documents duly enacted in the form of laws. The statelegislatures have the power and are permitted to make islamic laws pertaining to persons professing the islamreligion.
English common law and the rules of equity this is also a very important source of malaysian law. This law is found in cases which have been decided by the courts and local customs. This is known as the common law or case law. Similarities and differences between written and unwritten law in malaysia 1342 words 6 pages.
English law forms part of the laws of malaysia. Laws in malaysia are categorized into written and unwritten laws. It is precise definite and systematic. Unwritten law is mainly comprised of.
What do written and unwritten laws mean. Law is influence most imbibed in our life drawn into nearly all matters we are doing. It refers to the portion of malaysia law which includes the following. English law can be found in the english common law and rules of equity.
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. As a result the chinese and hindu customary laws have lost its effect as an important source of unwritten law in malaysia. The laws of malaysia can be divided into two types of laws written law and unwritten law. Written laws are laws which have been enacted in the constitution or in legislation.
Answer 1 a unwritten law is law that has not been enacted by the legislature parliament and the state assemblies and this law is not found in the written federal and state constitutions. Written law is the most important source of law. The difference between written and unwritten constitution are as follows. However not all of england s common law and rules of equity form part of malaysian law.
The malaysia law system is divided into two types written law and unwritten law also known as common law. Islamic law which is only applicable to muslims isenacted under the federal constitution.