Similarities And Differences Between Written And Unwritten Law In Malaysia

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LAWS IN MALAYSIA ARE CATEGORIZED INTO WRITTEN AND UNWRITTEN LAWS. WHAT DO WRITTEN AND UNWRITTEN LAWS MEAN? Law is influence most imbibed in our life, drawn into nearly all matters we are doing. Almost every law time matching in we life and treatment without we realize. For example, almost unaffected most people by criminal law because they was not involved in behaviour that, in fact criminal behaviour not become part of normal life. The laws of Malaysia can be divided into two types of laws which are written law and unwritten law. Written laws are laws which have been enacted in the constitution or in legislation. Unwritten laws are laws which are not contained in any statutes and can be found in case decisions. This is known as the common…show more content…
Written law refers to the law that is contained in a formal document and which has been passed by a person or body that is authorised to do so. In Malaysia, which has a written constitution, written law consists of the Federal and State Constitutions, the legislation passed by Parliament and State Legislative Assemblies as well as subsidiary legislation. Then, unwritten law on the other hand refers to the law that has not been formally enacted. The unwritten law consists of case law (i.e. decisions of the superior courts which are binding on the lower courts), customary law (i.e. local customs which have been accepted as law by the courts) and applicable principles of English common law and…show more content…
The English common law and the rules of equity is also a very important source of Malaysian law. 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. However, the reception of English law and equity are subject to certain general exceptions. In particular, English law may only be applied where (1) there is no local law governing the matter and (2) if it is suitable to the local

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