MALAYSIAN LEGAL SYSTEM Sources of law Part 1

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Information about MALAYSIAN LEGAL SYSTEM Sources of law Part 1

Published on February 24, 2014

Author: xareejx

Source: slideshare.net

 Legislation  Subsidiary legislation    Islamic law Custom English law

  Terminology: “legislate”  To legislate  to make law  “legislation”  The law that is made is called legislation  “legislature”  The body that legislates; the law-making body

  Federal level  Parliament There is only one parliament for the Federation   State level  State Legislative Assembly There are 13 SLA

   Laws made by the parliament are called “Acts of Parliament” Parliament makes laws for the whole or any part of the Federation Article 73(a) of the Federal Constitution:  “In exercising the legislative powers conferred on it by this Constitution, Parliament may make laws for the whole or any part of the Federation…”

    Laws made by SLA are called “Enactments”. (except Sarawak where they are called “Ordinances”. SLA make laws for the whole or any part of the State. Article 73(b) of the Federal Constitution:  “In exercising the legislative powers conferred on it by this Constitution, the Legislature of a State may make laws for the whole or any part of that State.

      Federal Constitution The supreme law of the Federation Any law inconsistent with this Constitution shall be void. Drafted by the Reid Commission Contains 183 Articles on various aspects. E.g. fundamental liberties, citizenship, election, federal and state relationship, financial provisions, judiciary, public servants, emergency powers, among others.

    State Constitution Regulates the government of the State Regulates matters listed in the 8th Schedule of FC (“Provisions to be Inserted in State Constitutions”). E.g. Ruler to act on advice, proceedings against the Ruler, executive council, legislature, financial provision, among others.

 The three lists are found in the Ninth Schedule to the FC.  List 1 – Federal List List 2 – State List List 3 – Concurrent List  

   List 1 – Federal List Matters affecting the interest of the country as a whole. E.g. external affairs, defence, internal security, administration of justice, finance.

   List 2 – State List Matter affecting the interest of States. e.g. land, agriculture, mining, Islamic matters.   List 3 – Concurrent List Matters affecting the interest of both Federal and State governments. E.g. social welfare, protection of wild animals, town/country planning, culture. 

 Article 44 FC (Constitution of Parliament): “The legislative authority of the Federation shall be vested in a Parliament, which shall consist of the Yang di-Pertuan Agong and two Majlis (Houses of Parliament) to be known as the Dewan negara (Senate) and the Dewan Rakyat (House of Representatives)”.

 Yang di-Pertuan Agong  Houses of Parliament:  Dewan Negara (Senate)  Dewan Rakyat (House of Representatives)

     Elected under rules contained in the Third Schedule to the FC. Term of appointment is 5 years. The 9 rulers may vote through a secret ballot. Can be removed on any ground by majority vote of the Conference of Rulers. Plays an important constitutional role.

     Attends Parliament only on special occasions (inaugurate Parliamentary Sessions). Has legislative power: to assent a Bill within the time specified. Can legislate during emergency (Article 150) Has power to dissolve Parliament. Acts on the advice of the Cabinet.

   Composition – Article 46 Members are elected by the public (during elections) Qualifications: 21 years of age, citizen, of sound mind, not a bankrupt, no past criminal records.

    Purpose: To allow experts to serve in a legislative capacity without having to be elected; To allow the Bill to be discussed and analysed further; To allow representation from the states in the legislative process;

 Elected senators and appointed senators.  Term of appointment is 3 years and subject to renewal for another term.  Qualifications: 30 years of age, citizen, of sound mind, not a bankrupt, no past criminal records.

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