Malaysian Legal Principles Chapter 2b PDF

Malaysian Legal Principles CHAPTER 2b SOURCES OF LAW: LEGISLATION Prepared by Dr. Anie Farahida Omar UiTMCNS, Kampus Seremban  INTRODUCTION Definition: Legislation is law enacted by the legislature, and by bodies and persons...

Malaysian Legal Principles CHAPTER 2b SOURCES OF LAW: LEGISLATION Prepared by Dr. Anie Farahida Omar UiTMCNS, Kampus Seremban  INTRODUCTION Definition: Legislation is law enacted by the legislature, and by bodies and persons having the authority to do so by legislature. Also known as primary legislation or statute. Who has the Power to Legislate? - Parliament : federal level - State Legislative Assembly : state level The Distribution of powers I set out in Chapter 1, Part IV of the FC.  TYPES OF LEGISLATION i. ACT: Enacted by Parliament (Akta) ii. ENACTMENT: Enacted by the State Legislative Assembly iii. ORDINANCE: - Promulgated by the YDPA during Emergency - Laws enacted by Sarawak State Legislative Assembly - Laws enacted by the Parliament between 1 st April 1946-10th Sept 1959 FOR DISCUSSION ONLY  TYPES OF ACTS (AKTA) PRINCIPA AMENDME CONSOLIDA REVISED L NT Makes Results from TED brings changes together in a changes (restricted to simple Act technical, The most to a grammatical, and TWO or more common principal typographical changes that do Acts on a specific E.g. Act not affect the subject matter substance of the which had Contract Act 1950 E.g. law) made by the been passed Employment Act Commissioner of Employment Act Law Revision. over a period 1955 (Amendment) of time. Penal Code 2022 e.g. Refer to Penal Code Societies Act 1966 (Revised English Law (Amendment) (No. 2) Act 2023 2021) notes  Pre-Parliamentary Stage This is the proposal, consultation and ready to be introduced into Parliament. drafting stages. The proposed legislation may arise Discussion of proposed law, its mode of from: Government policy operation and effect. Public complaints or unease Collection of information and research. Directives of the cabinet Current issues When the outlines have been worked MOU or treaties out, the proposal is sent to the Suggestion or recommendation from Parliamentary Draftsperson in the AG’s special committee or task-force Chambers to be put into legal language report, NGOs, academicians, and form. international bodies. The proposal becomes a Bill. After approval by the Cabinet, the Bill is  Bills Bills: a proposed legislation to be put under consideration to a legislature 4 Types Of Bills: i. Private Bill Bills which deal with matters of local or private concern ii. Private Member Bill Bill introduced by MPs who are not ministers or assistant ministers iii. Hybrid Bill Laws of a general application but in the opinion of the Speaker, may adversely affect individual rights or interests iv. Public Bill Bills on matters of general public interest such as national defense, taxation. Public bills concerning money must be initiated by the government.  LEGISLATIVE PROCESS Also known as the Law-Making Process Has to comply with several mandatory procedures Takes a few years to complete A long and complicated process Article 44 of Federal Constitution vests the legislative authority of Malaysia in Parliament, comprising of: 1. The YDPA and 2. The 2 Houses of Parliament i. Dewan Negara (Senate) & ii. Dewan Rakyat (House of Representative)  Parliamentary Stage A government Bill is introduced into Parliament by the Minister responsible for the subject matter. When it has been passed, after debate and voting, by the House of Representatives it is referred to the Senate where it goes through the same processes. In each House, the Bill goes through 4 stages: 1. First Reading 2. Second Reading 3. Committee Stage, and 4. Third Reading Law making process in Hong Kong https://www.youtube.com/watch?v=g3qLYmMraI4  1) Must pass 4 stages: 4. Publication 1st Reading, 2nd Reading, 2. Repeat 4 stages 3. Royal Assent Committee Stage, 3rd Reading  First Reading A Minister may introduce a bill without obtaining consent from either House. The Minister must give notice to the Clerk of the House that he intends to introduce a Bill. The notice must be at least 24 hours before. This stage is a mere formality, the Minister will only read the long title of the Bill He will give oral notice on the proposed date for the Second Reading  Second Reading The Bill would have been printed and circulated to all MPs beforehand The Minister must move a motion to present the Bill in the House for Second Reading The motion must be seconded otherwise, the Bill will fail The MPs would then debate on the general principles (not the details) of the Bill They can object or propose amendments to the Bill If the Bill receives the requisite number of votes (either a simple majority of member present and voting or a 2/3 majority of the total  Committee Stage Most Bills are automatically referred to the Committee of the House i.e. the end of the 2nd Reading without the necessity of a motion, resolves into a committee. Very rarely is a Bill referred to an ad hoc Select Committee (which has the power to obtain the views of the public). This occurs when the House agrees to a motion to that effect, moved by any member after the 2nd Reading. Reference to a committee is to enable the details of the Bill to be discussed in a less formal manner. At the end of the discussion, the Minister moves a motion to report the Bill (with or without amendments) to the House. If the motion is accepted, the House resumes sitting.  Third Reading The Bill is reviewed. There will be debates on general principles only No substantive amendments unless the Speaker gives permission Permission is usually only given in order to correct errors or oversights The House will then vote to pass the Bill and move it to the other House  Senate (Dewan Negara) After al the four stages are complete, the Bill must be sent to the other House (Senate) The same four stages are carried out The other House may propose amendments to the Bill With or without amendments, the Bill will be returned to House of Representative after the Senate has completed its process. If the other House proposes amendment, the first House will consider them and vote whether to accept those amendments or not If it is accepted, the Bill will proceed to the next stage If it is not accepted, the Speaker will appoint a Committee to draft reasons for rejecting the amendments The Bill and the reasons are sent back to the other House  If the other House accepts, the Bill will proceed If the other House insists on the amendments, there are three possible outcome: The Bill is laid aside Appointment of a joint committee of the two Houses to resolve the matter - Art 66(3) Article 68 is invoked  The effect of Article 68 is that Senate has no power to veto, reject or insist on any amendment of the Bill The Senate can only delay the Bill for 1 month if it is a Money Bill and 12 months if it is a non-Money Bill Once the time has lapsed, the Bill will go to the next stage as if the other House has passed the Bill. If the Senate does not pass the Bill or persists to disagree with the House of Representatives on its proposed amendments, the Bill will be presented for Royal Assent at the end of the specified period. EXCEPTION: A Bill amending the FC is required by the FC to be decided by the requisite majority in each House. Such a Bill cannot be presented for a Royal Assent until it has been passed by both Houses.  Royal Assent The Bill will be presented to the YDPA for the Royal Assent The YDPA will affix the Public Seal on the Bill Article 66(4) of the Federal Constitution provides that, “The Yang di-Pertuan Agong shall within thirty days after a Bill is presented to him assent to the Bill by causing the Public Seal to be affixed thereto” The YDPA has no power to veto the Bill or to refuse to give assent In the event he refuses to do so, the Bill will stay for 1 month if it is a Money Bill and 12 months if it is a non-Money Bill After the time has lapsed, the Bill shall proceed to be law as if the Royal Assent had been given. Thus, the Royal Assent is no more than a mere formality  Publication A law is not legally enforceable until it has been published in the Government Gazette (Federal Gazette) The purpose is to make it known to the public so that they are aware of it The publication will include the commencement date of the law If no date is given, the law will come into force subsequent to the publication http://www.agc.gov.my/agcportal/index.php?r=por tal2/lom&menu_id=b21XYmExVUhFOE4wempZdE 1vNUVKdz09&page=1  IN CONCLUSION; The law-making process involves long and complicated procedures that are mandatory The whole process will take years and require the participation and contribution of many persons, including those who are not members of the legislative This weakness has resulted in the establishment of another source of written law; subsidiary legislation Thank you! Anie Farahida Oma