Name : Thiviya Ramesh

ID. NO : I17012919
SECTION A: (15 marks)
1. C
2. B
3. C
4. E
5. D
6. D
7. B
8. E
9. A
10. D
11. B
12. E
13. E
14. C
15. D
SECTION B: (35 marks)

Question 1
Explain the relevance of English Law to Malaysian Law. (10 marks)

English law, often referred to as civil law, is the legal system which is applied
throughout England by the English courts . It is split into criminal law and civil law in
general. It developed through decisions made by English judges and the rules are now
in statutory form. It expanded to other areas of the former British Empire including
Australia, Canada, New Zealand and the United States and many other nations.
English law is different because it is based on the application of the legal precedent to
judgments taken by judges in the present and future. A judge must obey previous
judicial rulings but not always those made by lower courts. English law is not a
constitutional norm and rules are not codified. Nevertheless, in-official written
databases of existing laws are available.

Common law and the rules of equity were applied in Malaysia during colonial
times. When Malaysia achieved its independence in 1957, the country still had to rely
on English laws to run the country. The decision made are also highly persuasive.
Some English cases like the case of Donoghue v. Stevenson, 1928 and some English
laws are still referred to by the Malaysian judges when deciding how to apply
Malaysian laws. The case in English law is of great significance for Donoghue v.
Stevenson, which is also known as 'the snail in the bottle case.' The judgment in this
case laid out the neglect of civil law and compelled businesses to perform a customer
service responsibility. The event occurred in 1928 in Paisley, Scotland.

There are two forms of legislation in Malaysia, written and unwritten. Authorized
legislation is the rule enacted by the Constitution or statute. The rule is not in writing,
but can be seen in the court rulings. It is not in the statutes. This is understood by
common law or jurisprudence. Is Malaysian case law can be enforced in cases where
there is no regulation. If Malaysia has authority, English legislation can be used.
Conditions under which English law is applicable in Malaysia under the Civil Law
Act 1956 is if there is no local law on that matter and that is when the English law is
applied in a manner which is suitable to local circumstances. Under Section 5 of the
Civil Law Act, in west Malaysia, the courts shall apply all English commercial law.
Finally, under section 6 of the Civil Law Act 1956, English land law is not applicable
to Malaysia as Malaysia has its own National Land Code.
Question 2
What are the advantages and disadvantages of delegated legislation? (15 marks)

The term delegated legislation refers to laws developed by the government

departments, including the Governor General with the authority of Parliament's
legislation. Of functional considerations, this transfers authority to the departments.
There are ways to conserve legislative resources or to comply with improvements
when they occur. Here are lists of advantages and disadvantages that can be used to
think about their effect on society to get an sense of this word.

The advantages of delegated legislation are that, in comparatively insignificant

issues, parliamentary time is preserved effectively. When determining what municipal
rules are to be enacted, local information is usually beneficial. Consequently, the local
councils are given this function. They are much easier approved laws than an act of
Parliament to enact. In the case of an incident or an unforeseen issue, that may be an
asset if law is changed. The minister involved will address the particulars of the
assigned laws, giving Parliament in its entirety sufficient room to reflect on the basic
concepts of the licensing rule. Furthermore, it is done through consulting with the
involved parties. It is necessary to have advance consulting with the concerns to be
influenced in order to insure the feasibility of the legislation. Since laws must be
drawn up which also will not require a meeting between private interests and the
government. This could be compromised and result in a joint consent arrangement. In
regards to the average legislator,they are less familiar with the problems of modern
legislation, it's important to note that this lawmaker adopts the bill basic and allows
the executive branch to do details.

The disadvantages on the other hand are, the delegated legislation is too flexible.
It may then easily be modified or repealed as necessary in order to hold the legislation
up to date under fresh and improvised circumstances. This also ensures that in cases
of emergencies, legislation will be enacted even quicker because subordinate rule will
not have to obey a long legislative procedure. It is difficult for the Parliament to test
anything owing to the quantity of assigned legislation. It also makes it impossible to
know precisely what the new legislation is which can mean that individuals are
violating the rule without knowing it before it is too late. Furthermore, it also takes
law making away from those democratically appointed to do so.In this way, the
jurisdiction given to the governing body by a legal statute moves the functions to a
separate degree. The point, for instance, that officials are merely writing the law and
therefore the Minister who was granted Parliament the authority to create the
approved laws is literally 'rubber stamped.'
Question 3
Explain the pre-parliamentary and parliamentary stages for the enactment of an Act of
Parliament. (10 marks)

The pre-parliamentary stages for the enactment of an Act of Parliament consists

of a few vital stages. This generally includes the phases of the plan, review, and
drafting. Legislation can be proposed by several different sources including, for
example, a political party election manifesto that becomes the government, a ministry
or department's political decisions, a royal committee's or interest groups'
recommendations. The Cabinet must in theory consent to wherever the plan comes
from. A long series of discussions occur inside and between the authorities involved
in the respective governments.

There will be meetings with experts and interested outside bodies. If the plan is of
particular significance, there might also be public discourse in the media. Once the
outside has been sorted out, the legislation is submitted to the Legislative draftsperson
in the Chambers of the Attorney General to be translated into the legal language and
form: the legislation becomes a bill. The Bill is able to be brought into Parliament
until accepted by the Cabinet.

The parliamentary stage that follows also has 4 significant stages. The process is
laid down in Chapter 5, Section IV of the Federal Constitution and in the Standing
Orders of the two Dewans. It is largely based on the British Parliament procedure.
The Government Bill shall be presented into Parliament by the Minister responsible
for the subject matter. Once Dewan Rakyat has passed it, after debate and vote, it is
referred to the Dewan Negara, where it is going through the same process. In each
Dewan, the Bill goes through four stages: First Reading, Second Readings,
Committee Stage and Third Readings.