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Questions and Answers
What is the primary characteristic of a Public Bill?
What is the primary characteristic of a Public Bill?
Which stage involves the proposal being sent to the Parliamentary Draftsperson?
Which stage involves the proposal being sent to the Parliamentary Draftsperson?
What must happen before a Bill is sent for Royal Assent?
What must happen before a Bill is sent for Royal Assent?
What does a Hybrid Bill represent?
What does a Hybrid Bill represent?
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Which process has to comply with mandatory procedures and can take several years to complete?
Which process has to comply with mandatory procedures and can take several years to complete?
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Which House is responsible for the initial debate and voting of a government Bill?
Which House is responsible for the initial debate and voting of a government Bill?
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How is a Private Member Bill different from a Private Bill?
How is a Private Member Bill different from a Private Bill?
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What role do special committees play during the legislative process?
What role do special committees play during the legislative process?
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What is the primary focus of the Second Reading stage in the legislative process?
What is the primary focus of the Second Reading stage in the legislative process?
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Which stage allows for more detailed discussions of the Bill?
Which stage allows for more detailed discussions of the Bill?
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What happens if the motion for the Second Reading of a Bill is not seconded?
What happens if the motion for the Second Reading of a Bill is not seconded?
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At what stage does the Minister give oral notice on the proposed date for the Second Reading?
At what stage does the Minister give oral notice on the proposed date for the Second Reading?
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How many stages must a Bill pass through before receiving Royal Assent?
How many stages must a Bill pass through before receiving Royal Assent?
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What occurs at the end of the Committee Stage?
What occurs at the end of the Committee Stage?
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Which of the following correctly describes the First Reading?
Which of the following correctly describes the First Reading?
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What is unusual about the referral of a Bill to an ad hoc Select Committee?
What is unusual about the referral of a Bill to an ad hoc Select Committee?
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What is the usual reason for the Speaker to allow substantive amendments during a Bill's debate?
What is the usual reason for the Speaker to allow substantive amendments during a Bill's debate?
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What happens to a Bill after it has completed all four stages in the House of Representatives?
What happens to a Bill after it has completed all four stages in the House of Representatives?
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What occurs if the Senate proposes amendments that the House of Representatives does not accept?
What occurs if the Senate proposes amendments that the House of Representatives does not accept?
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What is the maximum duration that the Senate can delay a Money Bill?
What is the maximum duration that the Senate can delay a Money Bill?
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Which article states that the Senate has no power to veto a Bill?
Which article states that the Senate has no power to veto a Bill?
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What happens if the Senate does not pass a Bill after the delay period?
What happens if the Senate does not pass a Bill after the delay period?
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In the case of a Bill amending the Federal Constitution, what is required before it can be presented for Royal Assent?
In the case of a Bill amending the Federal Constitution, what is required before it can be presented for Royal Assent?
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What can occur if the Senate insists on its amendments after the House has rejected them?
What can occur if the Senate insists on its amendments after the House has rejected them?
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Study Notes
Malaysian Legal Principles: Chapter 2b - Sources of Law: Legislation
- Malaysian laws are categorized into written and unwritten laws.
- Written laws include the Federal Constitution, State Constitutions, Legislations (parent acts), Subsidiary Legislation, and more.
- Unwritten laws include English Law, Customary Laws, Islamic Law, and Judicial Precedents.
- Article 4(1) of the Federal Constitution states the supreme law.
- Federal & State Laws are included.
Types of Legislation
- Acts: laws passed by the federal parliament (e.g., Contract Act 1950).
- Enactments: laws passed by state legislative assemblies.
- Ordinances: laws made by the Yang di-Pertuan Agong during emergencies (e.g., laws about COVID-19). Examples of ordinances include laws enacted by the Sarawak State Legislative Assembly, and laws enacted by the Federal Parliament between April 1, 1946, and September 10, 1959.
Emergency Ordinance Enforcement Power
- The King has expanded powers to Malaysian Armed Forces (ATM) similar to the police under the Criminal Procedure Code or other enforcement laws.
- ATM has similar powers in helping with public health tasks related to COVID-19, and boosting border security.
- The Prevention and Control of Infectious Diseases Act (PCID Act 1988) can be amended to improve these powers and enact harsher punishments for offenders.
Types of Acts (Akta)
- Principal Act: Main acts, often amended over time (e.g., Employment Act 1955).
- Amendment Act: Changes to existing main acts (e.g., Employment Act 2022 Amendment).
- Revised Act: Technical/grammatical changes to principal Acts (e.g., Societies Act 1966 Revised 2021).
- Consolidated Act: Combining simple acts and matters that cover a similar subject (e.g., multiple Acts about specific matters).
Federal Legislation
- Four main types:
- Principal Act - main acts (e.g., Contract Act 1950).
- Amendment Act - edits to existing acts.
- Revised Act - minor changes to existing laws, in language or format. Examples of these include updates or corrections made to laws, such as laws that affect civil law (Civil Law Act 1956 Revised 1972).
- Consolidated Act - a combination of simple acts on specific matters.
Pre-Parliamentary Stage
- This phase involves proposing, consulting, and drafting laws.
- Considerations include government policy, public concern, and legislative directives.
- Outlines are created and sent to the Parliamentary Draftsperson to get into legal form (e.g., legal language and structure).
Types Of Bills
- Private Bill: deals with matters of local/private concern.
- Private Member Bill: introduced by MPs, not ministers.
- Hybrid Bill: general application, but possible effect on individual rights; decided by the Speaker.
- Public Bill: general public interest (e.g., national defense, taxation). Public bills on money must originate with the government.
Legislative Process
- Complies with mandatory procedures.
- Takes a few years to complete.
- Legislative authority in Malaysia is vested in the YDPA (Yang di-Pertuan Agong) and the Parliament (Dewan Negara and Dewan Rakyat).
Senate (Dewan Negara)
- Consists of 70 members, appointed and elected from different categories.
- Tenure of office is three years (maximum of two terms); applicable to both federal and state appointments.
- Members need to be Malaysian citizens, 30 years or older, of sound mind, and not bankrupt
- Can make amendments to Bills. After Senate review ,the Bill is referred to the next stage if approved and sent back to the other House or to a committee based on their decision otherwise, rejected.
Parliamentary Stage
- Introduced by relevant ministers.
- Goes through a series of readings (First, Second, Committee, Third) in both the House of Representatives and the Senate.
- Requires debates on principles, possible amendments, and approvals.
Procedures for Making Federal Law
- 4 stages involved:
- 1st Reading
- 2nd Reading
- Committee Stage
- 3rd Reading
Royal Assent
- The YDPA (Yang di-Pertuan Agong) gives approval to a Bill after the Senate has passed it.
- The YDPA has no power of veto on a bill if the time frame has elapsed.
Publication
- Officially published in the Government Gazette.
- Makes the law public and enforceable.
Conclusion
- The law-making process is lengthy and complicated.
- This process requires the participation of many people from multiple parties.
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Description
Explore the diverse sources of Malaysian law, focusing on both written and unwritten laws. This chapter covers key legislation, including federal and state laws, as well as the unique role of ordinances. Gain an understanding of emergency powers and their implications on law in Malaysia.
