SOURCES FROM WRITTEN LAW
2. SOURCES FROM WRITTEN LAW
Sources
from written law are Constitution, legislations and subsidiary legislations. The
constitution is either federal Constitution or State constitution.
2.1 Federal Constitution
The
Federal Constitution is the supreme law of Malaysia, any law passed after
Merdeka Day which is inconsistent with
the Constitution is, to the extent of the inconsistency, void - Article 4 (1)
of FC. The Malaysian parliament’s law making is limited by constitutional
provisions; however its actual power should not be underestimated. It has
capacity to amend the constitution. In Malaysia, constitutional amendment does
not require the conduct of a referendum.
The
Federal Constitution establishes a constitutional monarchy and a federal system
of government. Under the federal system, there is a division of legislative
powers between the central parliament and the state assemblies.
The
Federal Constitution also provides that Islam be the religion of the federation
but guarantees the freedom of religion.
2.2 State Constitutions
All
the thirteen States comprising the federation have individual constitutions
which provide for a single chamber Legislative Assembly in each State.
2.3 Legislations/ statutes
Legislation
refers to laws made by a person or body which has the power to make law. In Malaysia
The
following nomenclature is used in reference to specific pieces of legislation.
Act - A
federal law made by Parliament although those made between the period of the Malayan Union in 1946 and 10th
September 1959 are called Ordinances.
Enactment - A
state law made by a State Legislative Assembly with the exception of Sarawak
where it laws are called Ordinances.
Ordinance - A
law made by the Yang Di Pertuan Agong during a proclamation of an emergency
when Parliament is not sitting concurrently.
2.4 Subsidiary law
/ delegated legislation.
Subsidiary
laws are rules and regulations enacted by an authority under powers conferred
on it by a statute. There are federal and state subsidiary legislation. The use
of rules and regulations is for the purpose of implementing a statute and to
provide details of the Parent statute.
Reasons
for delegation:
•
Insufficient laws to
deal with everyday matters
•
Economize the
legislative time of legislature
•
Lack of expertise in
technical matters
•
Delegated legislation
is more flexible and elastic
However,
all the above laws must be in accordance with / does not contravene the supreme
law of the land i.e. the Federal Constitution
If
the law goes against the Constitution - ultra vires , the effect is the law is
void and not applicable.
SOURCES FROM WRITTEN LAW
Reviewed by Kamaruddin Mahmood
on
12:26:00 PG
Rating:
Reviewed by Kamaruddin Mahmood
on
12:26:00 PG
Rating:
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