legislation process

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Prepared by :-

1) Muhammad Aisamuddin Bin Mohd Khairi

2) Zaeim Farhan Bin Mohd Sazali3) Muhammad Nurazman Bin Fozi

4) Engku Syarqawi Lutfi Bin Engku Halin

Prepared for :-

Miss Nurul Jasmieta Izzaty Binti Ramizu


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Source ofLaw

Written Law

FederalConstitution

StateConstitution

LegislationSubsidiaryLegislation

Muslim LawUnwritten

Law

English LawJudicialDecision

Customs

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Written Law

i. Federal Constitution

- Supreme law of the hand

- Lays down the powers of the Federal and State government

- Need 2/3 majority of the total number of members of the legislature

ii. State Constitution

- Each state possesses its own constitutions- Contains provisions which are enumerated in the Eight Schedule to the

Federal Constitution

iii. Legislation

- Refer to law enacted by a body constituted for this purpose

iv. Subsidiary Legislation

- Any proclamation, rule, regulation, order, notification, by-law or other

instrument made by under any Ordinance, Enactment or other lawful authority

and having legislative effect

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Unwritten Law

i. English Law

- Section 3 (1) of the Civil Law Act 1956 provides that in Peninsular Malaysia,

the court shall apply the common law of England and the rules of equity as

administrated in England on the 7th day of April 1956

- Sabah and Sarawak, they apply on the 1st day of December 1951 and 12th day

of December 1949

ii. Judicial Decision

- Decision by Superior Courts and this include decisions from Supreme Court

and the Judicial Committee by Privy Council

- Decision were made systematically

- Precedents are basically decision made by judges- Function of system of precedents :

- based on the hierarchy of decisions & inevitably the hierarchy

of courts.

iii. Customs

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Muslim Law

- Applicable to all Muslims only and States have power to administerMuslim law

- The head of the Muslim religion in a state is Sultan

- Penang, Malacca, Sabah, Sarawak and Federal Territories the head

of religion is Yang di-Pertua Negeri

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Introduction

The process of making laws by competent authorities Function of legislature :

- to enact laws according to the majority will of the people expressed

through their representatives

Legislative authority of the federation is vested in the Parliament by Article 44 of the

Federal Constitution

Article 44 : 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

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Law Making Process

Procedures for making Federal law (Articles 66-8)

Bill

Passed byDewan Negara Passed byDewan Rakyat

Assented to by

the Yang di-Pertuan Agong

Passed byDewan Rakyat

Passed byDewan Negara

Assented to bythe Yang di-

Pertuan Agong

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1) Bill

- The Ministry responsible for the matter, the Drafting Division of the Attorney

Generels Chambers

- Prepares the draft of the proposal Bill- The draft then forwarded to the Ministry concerned.

- It goes through four stages in each house.

2) Dewan Rakyat

i) First Reading

- The Minister concerned should first give notice of his intention tointroduce a Bill.

- Only long title will be read.

ii) Second Reading

- The Minister with consent proposes to move the Bill to be read for a second

time with the present of other Member of Parliament

- The Bill is then debated on. They are given the opportunity to discuss the Billand if necessary propose amendment to the Bill.

- Once debated over, Bill will went to other house, with the report that the Bill

has been considered and accepted by the Committee, with or without

amendments.

Cont..

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Cont..

iii) Committee Stage

- The House will appoint a Committee of the whole House to discuss the

detailed of the Bill.

- Special technical details of the Bill may be discussed at this stage.

iv) Third Reading

- There will be no debates on the Bill. The Bill is said to be passed.

- The Bill is then submitted to the Senate for approval.

3) Dewan Negara

- Same procedure is adopted on Third Reading.

4) Royal Assent

- Its sent to the Yang di-Pertuan Agong for the Royal Assent.

- The Bill becomes law upon its publication, after Royal Assent.

- Article 66 (4) : The Yang di-Pertuan Agong ia an integral part of Parliament.- Article 66 (4A) : If a Bill is not assented to the Yang di-Pertuan Agong within the

time specified in Clause (4), it shall become law at the expiration

of the time specified in that Clause in the like manner as if he

had assented thereto.

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legislation process

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