LBA1023 MALAYSIAN LEGAL SYSTEM muhammad nizam awang @ ali faculty of syariah & law islamic science university of malaysia

CHAPTER IV LAW MAKING PROCESS

DISCUSSION POINTS
y What is bill ? y Source of authority y Types of Bills y Law-Maker (Legislature) y Law-Making Process

WHAT IS µBILL¶?
y y

Proposed law to tabled in legislature Need to undergo law making process before can take effect as binding law Effective date in force starts when published in the gazette (except in cases the enforcement of law is delayed due to various reasons)

y

SOURCE OF AUTHORITY
Art. 66 (4A) of the FC y Order 51 of the Senate & Order 51 House of Representatives y Bowles v. The Bank of England, (1913) 1 Ch. 57
y

TYPES OF BILL
y

Public Bill

Private Bill y Private Member s Bill
y y

Hybrid Bill

Public Bill
y

Of public interests Examples: national security, public order, taxation, human smuggling, etc. If it touches about money @ finance
The Bill is to be mooted by government (responsible Minister) @ private Member of Parliament (MP)

y

Private Bill & Private Member¶s Bills
y

Private Bill
Pertains to local or private matters.

y

Private Member s Bill

Hybrid Bill
y

It is a public interest matter that adversely affect the interest of private bodies or persons

STRUCTURE OF y Parliament LEGISLATURE of Commons, The Senate Component: YDPA, House
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

LAW MAKING PROCE SS

PROPOSAL BROUGHT TO AND APPROVED BY CABINET First Reading Second Reading Committee Stage Third Reading The Senate Royal Assent & Publication in Gazette

PreParliamentary Stage Parliamentary Stage

Post Parliamentary Stage

Pre-Parliamentary y Covers consultation Stage proposal, derived fromor drafting stage. y Proposal may be various sources
y y y y y

government, policy maker at ministry, Royal Commission or pressure groups. It has to be accepted by cabinet.

Proposal discussed and experts opinion sought. Then, proposal sent to Drafting Division at the Attorney s General Chamber The proposal then become a Bill After approval by Cabinet, the Bill is ready to be tabled into Parliament.

Parliamentary Stage
y

First Reading
Minister-in-charge introduces Bill in the House of Representative Minister reads its short title No print or circulation of Bill to the House

y

Second Reading
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

y

Committee Stage
Automatically referred without necessity of a motion and resolved into Committee. Ad hoc/ Select Committee is very rare. The most often is public 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.

y

Third Reading
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. Don t debate on principle, but details of Bill Cannot sanction the Bill to be rejected or insist amendment to the House of Representatives. But may delay Art. 68

Post-Parliamentary y Royal Assent Stage passed by both Houses, the Bill is presented to the After
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)

Read for next lecture
y Interpretation of Legislations

Statutory interpretation The Federal Constitution interpretation Judicial interpretation

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