The Sources Of Both Written And Unwritten Law In Malaysia
In malaysian legal system the most important source of law is the written law which comprises of the federal constitution state constitutions legislation and subsidiary legislation.
The sources of both written and unwritten law in malaysia. Unwritten law is mainly comprised of. Why does the state take action in criminal cases. English law forms part of the laws of malaysia. The sources of malaysian legal system law are from two different laws which are the written and unwritten law.
Definition of law includes the common law in so far as it is in operation in the federation or any part thereof. Federal and state constitutions. This law is found in cases which have been decided by the courts and local customs. Madam namirah mohd akahsah learning outcomes the students must be able to.
English law can be found in the english common law and rules of equity. Two main sources of law are written law and unwritten law. It refers to the laws contained in the federal and state constitutions and in a code or a statute. Written law is the most important source of law.
Describe the various sources of law distinguish the various sources of law sources of malaysian law laws that enacted by legislative 1 bodies written law i. It refers to the portion of malaysia law which includes the following. Answer sources of malaysian law sources of law mean the legal rules that make up the law in malaysia which can be classified into written and unwritten law. The other sources of law are islamic law and the native law.
All of the thirteen states have their own constitutions known as the state constitution. Refer to the article 160 of the federal constitution. Written law is the most important source of law that is including four types of law such as federal constitution state constitution legislation and subsidiary legislation. Written law is the most important source of law.
Explain the written and unwritten law. Describe the sources of law in malaysia. Protecting individuals and property. The sources of malaysian law means the legal rules that make the laws in malaysia which can be classified into written and unwritten law.
The malaysian legal system is based on english common law. To what extend the english law is applicable refer to section 3 and section 5 of the civil law act 1956. In malaysia the main sources of law can classify into written law and unwritten law. However not all of england s common law and rules of equity form part of malaysian law.
The federal constitution is the supreme law of the land. It is made up by the federal constitution state constitution legislation and subsidiary legislation. Providing for smooth functioning of society. Written law is the law that has been enacted by the parliament and state legislative assemblies.