chapter 4-legislative making process - 2008[1].09

8/14/2019 Chapter 4-Legislative Making Process - 2008[1].09

1/17

LBA1023 MALAYSIAN LEGAL SYSTEM

muhammad nizam awang @ alifaculty of syariah & lawislamic science university of malaysia

CHAPTER IV

LAW MAKING PROCESS


2/17

DISCUSSION POINTS

yWhat is bill?y

Source of authorityyTypes of Bills

yLaw-Maker (Legislature)yLaw-Making Process


3/17

y Proposed law to tabled in legislature

y Need to undergo law making processbefore can take effect as binding law

y

Effective date in force starts whenpublished in the gazette (except in casesthe enforcement of law is delayed due tovarious reasons)

WHAT IS BILL?


4/17

y Art. 66 (4A) of the FC

y

Order 51 of the Senate & Order 51House of Representatives

y Bowles v. The Bank of England, (1913)

1 Ch. 57

SOURCE OF AUTHORITY


5/17

TYPES OF BILL

y Public Bill

y Private Bill

y Private Members Bill

y Hybrid Bill


6/17

Public Bill

y Of public interestsExamples: national security, public order,

taxation, human smuggling, etc.

y If it touches about money @ finance The Bill is to be mooted by government

(responsible Minister) @ private Member ofParliament (MP)


7/17

Private Bill &Private Members Bills

y Private Bill

Pertains to local or private matters.

y Private Members Bill


8/17

Hybrid Bill

y It is a public interest matter that adverselyaffect the interest of private bodies orpersons


9/17

STRUCTURE OF

LEGISLATUREy Parliament Component: YDPA, House of Commons,The Senate

Two-tier levels

Pass a Federal Act effective to the all part of Federation

y State Legislature Assembly Component: Ruler/ Governor,SLA

One-tier level Pass a State Enactment effective only within state territory


10/17

PROPOSAL BROUGHT TOAND APPROVED BY

CABINETLAW

MAKING

PROCESS

Pre-

Parliamentary

Stage

First Reading

Second Reading

Committee Stage

Parliamentary

Stage

Third Reading

The Senate

Royal Assent &Publication in Gazette

Post

ParliamentaryStage


11/17

Pre-Parliamentary

Stagey Covers proposal, consultation or drafting stage.y Proposal may be derived from various sources

government, policy maker at ministry, RoyalCommission or pressure groups.

y It has to be accepted by cabinet.

y Proposal discussed and experts opinion sought.y

Then, proposal sent to Drafting Division at theAttorneys General Chambery The proposal then become a Billy After approval by Cabinet, the Bill is ready to be tabled

into Parliament.


12/17

y FirstReading

Minister-in-charge introduces Bill in the House

of Representative Minister reads its short title

No print or circulation of Bill to the House

Parliamentary Stage


13/17

y SecondReading Done at the same or subsequent sitting after the

First Reading.

Bill printed and circulated to the House

Debate on general principles of Bill only.

Followed by vote of the House If there is simple majority (1/3) or two-thirds

majority, proceed to the Committee Stage


14/17

y Committee Stage Automatically referred without necessity of a motion

and resolved into Committee.

Ad hoc/ Select Committee is very rare. The most often ispublic hearing (seek the public opinion). Example:

Reference to Committee to discuss details

Minister moves a motion to report the Bill(with or without amendment) to the House.


15/17

y ThirdReading Substantive amendment is not allowed, unless there obvious

oversights.

If it passed this stage, Bill is sent to the Senate

y The Senate

Bill is referred to Senate. Repeats the same process as in

House of Representatives. Dont debate on principle, but details of Bill

Cannot sanction the Bill to be rejected or insist amendmentto the House of Representatives. But may delay Art. 68


16/17

y RoyalAssent After passed by both Houses, the Bill is presented to the

YDPA

The YDPA shall assent within 30 days (mere formality) Otherwise, the Bill becomes law as if it has been

assented.

Once the Bill is given Royal Assent, it becomes an Act

y Publication Published in the Government Gazette (come into force/

take effect when declared by Parliament)

Post-Parliamentary

Stage


17/17

Read for next lecture

y Interpretation of Legislations

Statutory interpretation

The Federal Constitution

interpretation Judicial interpretation

chapter 4-legislative making process - 2008[1].09

Documents