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Group 5 - Task 1 - Unwritten Law

Unwritten law in Malaysia includes law that is not enacted by Parliament or State Assemblies and is not found in written constitutions. It includes customs and judicial precedents. Judicial precedents refer to decisions made by previous judges in similar cases. There are two categories - binding precedents, where higher courts bind lower courts and are bound by their own decisions, and persuasive precedents, where judges are not absolutely bound but can be persuaded by decisions of other courts.

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83 views6 pages

Group 5 - Task 1 - Unwritten Law

Unwritten law in Malaysia includes law that is not enacted by Parliament or State Assemblies and is not found in written constitutions. It includes customs and judicial precedents. Judicial precedents refer to decisions made by previous judges in similar cases. There are two categories - binding precedents, where higher courts bind lower courts and are bound by their own decisions, and persuasive precedents, where judges are not absolutely bound but can be persuaded by decisions of other courts.

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amiruddin
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© © All Rights Reserved
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Sources of Law :

UNWRITTEN

Group 5 Id
Ahmad Suhaimi 2020489784
Aernemasni 2021125419
Afaf 2021916371
Anis Athirah 2021748035
Construction Law (ECM 738)
Noor Sumiyyah 2021503296
TASK 1
UNWRITTEN LAW
• Simply that portion of the Malaysian
law which is not written, i.e. law which
is not being enacted by the Parliament English
Law
or State Assemblies and which is not
found in the written Federal and State
Constitutions.
Unwritten law Customs

• Unwritten law is found in cases comprises:

decided by the courts, local


customs, etc. Judicial
Precedents
JUDICIAL PRECEDENTS
Judicial Precedents are decisions made by a previous judge in previous cases that
have similar situations.
Decisions of these courts were made, and still are being made systematically by
the use what is called the 'doctrine of binding judicial precedent' or the rule of
stare decisis i.e. to stand by cases already decided.
Two categories of judicial precedents:
(i) Binding
• All decisions of higher courts bind the lower courts
• The higher courts are bound by the own decision
(ii) Persuasive
• High Court Judges are not bound to follow the decisions of another High Court
Judges
• Decisions from outside of the Malaysian Courts

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