Essay on Written and Unwritten Law

4408 Words Jan 14th, 2013 18 Pages
TABLE OF CONTENT

INTRODUCTION | 2 | Written and Unwritten Constitution | 3-4 | Comparison of the Supremacy of Malaysia and United Kingdom | 5-7 | Characteristic of both Parliamentary Supremacy and Constitutional Supremacy and the drawback | 7-8 | Conclusion | 10 | Bibliography | 11 |

INTRODUCTION

As Malaysia is a federation of thirteen states, it has altogether fourteen constitutions the Federal Constitution and thirteen State Constitutions. Johor was the first state to have a written constitution, granted in 1895 by Sultan Abu Bakar.Terengganu was granted a written constitution by Sultan Zainal Abidin III in 1911. Each of the other states in the peninsula, apart from Penang and Melaka, was given one under the
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Secondly, the status of the codified document is ensured by the fact that at least certain of its provisions are entrenched, so firmly established that it is difficult to amend or abolish them. The procedure for establishing the Constitution and for subsequently revising it must therefore be in some way more complex and difficult than the procedure for enacting ordinary statute law. Finally, the logic of codification dictates that since the Constitution sets out the duties, powers and functions of government institutions in terms of 'higher' law it must be justifiable, meaning that all political bodies are subject to the authority of the courts and, in particular, a supreme or constitutional court. This substantially enhances the importance of judges, or at least senior judges, who become, in effect, the final arbiters of the constitution and thereby acquire the power of judicial review. Unwritten constitution, though small in number, have very different characteristics. The UK constitution, properly thought of as an uncodified but part written constitution, draws on a variety of sources. Chief amongst these are statute law (law made by Parliament), common law (based on custom and precedent), conventions and various works of authority, whose role is to clarify and explain the constitution's unwritten elements. The absence of a codified document implies, most importantly, that the legislature enjoys sovereign or

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