Written Law In Malaysia Example

Federal laws enacted by parliament of malaysia that apply throughout. The malaysian legal system is based on english common law. 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.

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Acca F4 Corporate Law Written Unwritten Law

Malaysian Legal System

Written And Unwritten Law Free Essay Example Studydriver Com

Sources Of Law In Malaysia

Written Unwritten On Msia Law Precedent Common Law

The common law is based on the principle of deciding cases by reference to previous judicial decisions rather than to written statutes drafted by legislative bodies.

Written law in malaysia example. The difference between written and unwritten constitution are as follows. But it is not stated that the common law and law of equity in malaysia should remain unmodified and follow the same law as administered in england. In another word written law refers to the law stated in the federal constitutions which is the supreme law of malaysia and it enshrines the basic or fundamental rights of the individual. It refers to the laws contained in the federal and state constitutions and in a code or a statute.

The law of malaysia is mainly based on the common law legal system. The malacca written codes were responsible for the growth of other written codes in other states of the peninsula. Common law is a major part of many states especially commonwealth countries. Pahang legal digest 1595 the laws of kedah 1605 the laws of johore 1789 and the 99 laws of perak 1878.

Written law is the most important source of law. In another word written law refers to the law stated in the federal constitutions which is the supreme law of malaysia and it enshrines the basic or fundamental rights of the individual. The supreme law of the land the constitution of malaysia sets out the legal framework and rights of malaysian citizens. English law in malaysia essay sample.

The federal constitutions also stipulates the yang di pertuan agong who owes his position to the constitution and act according to it. Common law and law of equity in malaysia should be developed and amended according to the local needs. 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 these two laws should also take into account of changes in these laws in england.

It is the result of the conscious and deliberate efforts of the people. This was a direct result of the colonisation of malaya sarawak and north borneo by britain between the early 19th century to 1960s. In 1511 malacca was overrun by the portuguese and in 1641 by the dutch. The federal constitutions also stipulates the yang di pertuan agong who owes his position to the constitution and act according to it.

English law english law forms part of the laws of malaysia. The law regarding the indorsement of ownership claims in malaysia which applies to the local circumstanceshas to be distinguished from the english law race is affected. It is precise definite and systematic. Two components of english law are english commercial law and english land law english commercial law is provided by the section 5 1 and section 5 2 of civil law act 1956.

Written constitution is one which is found in one or more than one legal documents duly enacted in the form of laws. This law is found in cases which have been decided by the courts and local customs unwritten law is mainly comprised of.