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Malaysia Written Law Analysis

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Question 1 Laws in Malaysia are categorized into written and unwritten laws. What do written and unwritten laws mean? The laws of Malaysia are divided into two types of laws, which are written and unwritten laws. Whereby, written law refers to a formal documents which has been approved by an authorized person or appointed organization. In Malaysia, the written law consists of the Federal Constitution and State Constitution, which all the major and minor rules are approved by Parliament and State Legislative Assemblies (Hamzah, W. A., 2009). All the approved rules are will be in written constitution. While, unwritten law refers to the law that has not been formally endorsed. Unwritten laws are not been contained in any acts and can be found …show more content…

This Federal structure was drafted by the Reid Commission in 1956 with 5 representatives from India, British, Pakistan and Australia. The constitution was empowered when Malaysia was independent on 31st of August, 1957. The Federal Constitution contains of 15 parts, 183 articles and 13 Schedules. According to article 4(1), stated that the constitution is the supreme law of federation and any law passed after Merdeka Day which is inconsistent. While, article 159 and 161E provides provisions to be amended with the conditions of 2 over 3rd of majority of Parliament agreed with the amendment (Hamzah, W. A., …show more content…

According to Section 3(1)(a) Civil Law Act 1956 mention that courts in Peninsular Malaysia should apply Common Law and the Law of Equity as directed in England on 7th April 1956.While, Section 3(1)(b) and Section 3(1)(c) of Civil Law Act 1956 mention that courts in Sabah and Sarawak should apply common law and law of equity together with the acts of general application as directed in England on 1st December 1951 and 12th December 1949(Hamzah, W. A., 2009). However, Malaysian government can adjust their own scope for the amended or repealed Common Law and Equity according to local needs. In the case of Jamil bin Harun v Yang Kamsiah& Anor, the courts have the authority to decide whether to follow English Law or Federal Law by considering the situations and the scope of written law. This is because, common law can be applied if there is no local legislation (DocSlide,

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