Page 24 - PRINCIPLE OF LAW- FINAL (eISBN) pdf
P. 24
Politeknik Kota Bharu
1.4.2 UNWRITTEN LAWS
- Laws which can be found in case decisions.
- It is not endorsed by the Legislature which is not found in
Federal and State constitutions.
- Unwritten law comprises of:
a) English law
▪ English Commercial Law (common law and law of
equity).
▪ English Land Law.
b) Judicial decisions (previous doctrine)
Based on ‘doctrine of binding precedent’. Precedents are the
decisions made by judges previously in similar
circumstances. Precedents are a judgement or decision of a
court of law as an authority for the legal principle embodied
in its decision.
c) Customs
Customs are inherited from previous generation. Every race
has its own customs. Customs which have been accepted as
law by courts are Adat Pepatih, Adat Temenggung and Law
reform.
12
