Law in Malaysia
Law in Malaysia
Law in Malaysia
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
Unwritten laws are laws that are not enacted and not found <strong>in</strong><br />
any constitution. It comprises of English law (Common <strong>Law</strong> and<br />
Equity), judicial decisions and customs.<br />
Common <strong>Law</strong> is a major part of many States, especially<br />
Commonwealth countries. It is ma<strong>in</strong>ly made up of non –<br />
statutory laws, which are the precedents derived from<br />
judgments given on real cases by judges.<br />
<strong>Law</strong> of Equity resolves disputes between persons by referr<strong>in</strong>g to<br />
pr<strong>in</strong>ciples of fairness, equality and justness. In these cases,<br />
noth<strong>in</strong>g was done aga<strong>in</strong>st the law by the parties to dispute, but<br />
their rights are <strong>in</strong> conflict. Thus, it is different from law; both the<br />
Statutory <strong>Law</strong> enacted by Parliament and State Legislatives and<br />
Common <strong>Law</strong> which consists of precedents and op<strong>in</strong>ions given<br />
on real cases by judges.<br />
15
Change language