LEGISLATIVE BRANCH

DEWAN RAKYAT &

DEWAN NEGARA
 INTRODUCTION
•In constitutional theory, legislation is the function of Parliament. The
executive has no inherent law-making powers of its own except during
an emergency(Art.150)(2B))
• The legislative authority of the Federation or the power of the
Federation to make law is formally vested by Art.44 of the FC in
Parliament. This means the powers and authorities of the Parliament
are limited by the FC, so that in this respect the Malaysian Parliament is
not sovereign like the British Parliament.
 Nonetheless, of course Parliament may delegate its lawmaking
power to other bodies/persons. In Kulasingam v Commissioner of
Lands, Federal Territory [1982] 1 MLJ 204, Hashim Yeop Sani J
held;
“ There is nothing to prevent Parliament from delegating power
to legislate on minor and administrative matters”
 Constitutionally, at the Federal level, Parliament consists of the
YDPA, the Dewan Negara and the Dewan Rakyat (Art.44) - is
bicameral. Laws are enacted by all three acting together (except
in certain circumstances). But, it is the DR & DN that actually
function as the nation’s legislature.
 At state level, the legislature known as State Legislative
Assemblies is unicameral.

cont’…
• Malaysian Parliament has functions other than legislation. It debates
important matters of the day, and controls government finance,
including taxation and budget. It is the main forum for the explanation
and defence of government and opposition views and policy, and for
the ventilation of grievances both general, local and individual.
• The most important of the three elements of Parliament is the Dewan
Rakyat, which is the main channel of democratic impulses in the
country. As for the Dewan Negara, its purpose was clearly to secure
the rights of the states, as a majority of the members were elected by
the State Legislative Assemblies. The role of the YDPA as part of the
legislature is very limited.

The Role of Legislatures in

Malaysia
• 47. Every citizen resident in the Federation is qualified to
be a member—
(a) of the Senate, if he is not less than thirty years old;
(b) of the House of Representatives, if he is not less than
• twenty-one years old,
• unless he is disqualified for being a member by this
Constitution .

Qualifications for
membership of Parliament
1. The YDPA
• Though he is a constituent part of Parliament, he does not sit in
Parliament, but he may address either House or both Houses jointly at
the beginning of each session (by reading the address prepared by
the government of the day).

• His role is purely formal and ceremonial. This includes the

discretionary power to reject a request for dissolution. Though he is
empowered to act on his discretion (Art 40(2)(b)), but it is the sole
prerogative of the PM to request a dissolution, and the YDPA cannot
act without his advice.

• He can return Bills passed by Parliament with his reasons for refusing
assent, but Parliament has the power to override this veto (Art.66).
This means, he does not have the final say as to which laws should or
should not be enacted, because in these matters he acts on Cabinet
advice.

The Role of YDPA in Parliament

2. Dewan Negara (70 members) Article 45
• The DN Is the upper House of Parliament of Malaysia. The DN reviews
legislation that has been passed by the lower House. However, the DN
has made very little impact on legislation.
• Originally, the DN was meant to act as a check on the DR and also to
represent the interests of the various states. However, these roles have
been modified by subsequent amendments.
• Apart from that, the DN has no power to veto bills passed by the DR, as
the number of senators too small compared with the members of the
house.
• However, the DN possesses equal power when it comes to
constitutional amendment.
• It has two kinds of members: those elected by each state legislature;
and those appointed by the YDPA.

cont’…
 Representation to
special groups
Legislative Function
-professionals, minority,
-Essential component of special and disable groups
parliament and its assent is
necessary for the passage of
legislation.
-Note Art 68 and Art 89
-Can revise, improve or delay Deliberative Function
DR Bills.
Representing the States -to provide a valuable
constitutional safeguard to
-federal function of representing
check and limit the power of
the Senates of the federation
the Government.
and protecting their rights.

Functions of Dewan Negara

3. Dewan Rakyat (222 members) Art. 46(1)
• All government legislation commences in the DR, and almost
all important debates are held there. It is the confidence of the
DR which determines the complexion of Government (Art.43).
• Seems to have a superior position to the DN i.e; (a) the fact that
the PM must be appointed from among the Dewan Rakyat members
unlike other members of the cabinet who can be appointed from
among the DN members(Art.43(2)(a)); (b) the DR has been given
power to override the DN; one month in the case of money bill &
twelve months in the case non-money bills (Art.68(2)).

cont’…
Functions of Dewan Rakyat
 Dewan Rakyat
to make law to provide the forum to make the
-Ordinary law government accountable to the electorate
-Constitutional amendments -doctrine of ministerial responsibility

-Emergency legislation -question time in Parliament

-Subsidiary legislation -debates and motions

-parliamentary committees

to scrutinize public
redress of citizens’
expenditure
grievances
-In theory, money for government
programmes must come from -MPs are legislators cum
Parliament problem solvers, social
workers and spokesmen
-This means, money bills cannot for their areas.
become law without the authority of
the elected representatives of the
people.
Sessions, Meetings & Sittings of Parliament
• A parliament continues for a period of 5 years from the date of its first
meeting, unless it stands sooner dissolved (Art.55(3)).
• Dissolution terminates the membership of all members of the DR, but not
the DN (Art.45(3)).
• A general election must be held within 60 days of dissolution, and the new
Parliament must be summoned within 120 days of dissolution (Art.55(4)).
• A session, of which each Parliament usually has five and lasts for about
one year. It will begins with the speech from the YDPA and ends when
Parliament is prorogued.
• A session consists of a number of meetings, of which there are usually five
or six in a session, which last for few days each, or a few weeks in the case
of the budget meeting.
• A meeting consists of a number of sittings. Any period during which either
House deliberates without adjournment constitutes a sitting. A meeting
ends when Parliament is adjourned sine die (without a date being fixed for
the next meeting).
• Procedure of each House is governed by its Standing Orders (Art.62(1)).
 ***The Effectiveness of Malaysian Parliament
• The issue : the ability of the house to make the government
accountable.
• The government is being formed on the basis of majority of seats in
the house; thus the stronger the government, the weaker the
parliament becomes.
• In theory, it is parliament to legislate, but in reality, they legitimate
the laws. Most of the laws are being made by the bureaucracy, not
parliament.
• Most of the times, parliament will merely lay down the general
principle and leave matters of details to the bureaucracy.
• Political culture that is not conducive for the emergence of a
functioning parliament. Parliamentarians seem to have given
importance and priority of the party rather than to make government
answerable to its functions and inactions.
• How the laws are made in the legislature?
• The journey starts with the pre-parliamentary legislative procedure. At
this stage, when a Minister wants to introduce a Bill, he first draws up
its policy in consultation with the AG. The overall policy of the
legislation will then be approved by the Cabinet, and interested
departments, including usually the Treasury and the Attorney-
General, are consulted. Cabinet then gives approval for the drafting of
a Bill ( the law in a draft form).
• This Bill will then be introduced in the house. It can either be
introduced in the DN or in the DR, however, money bill (national
budget) can only be introduced in the DR.
• There are three types of bills; namely public bills, private bills and
hybrid bills.

LEGISLATIVE PROCEDURE
 TYPES OF BILLS

PUBLIC PRIVATE HYBRID BILLS

Public Interest Private or local Public

concern interest
+
Private
interest
Money Other matters
Pre- Readings Consent of Publication Exceptions
Parliamentary the King
Stages
Royal Date of
Lengthy discussions + Assent enforcement
negotiations by various
groups

1st Reading 2nd Committee Stage Report Stage 3rd Reading

Reading

PROCEDURE
 “Readings”

- final debate
3 Reading
rd
- no substantive amendment
- voting

- conclusion from the

committee stage Report Stage
- propose amendment

Committee Stage -amendment stage.

-a debate and voting

- crucial stage +
vigorous debate
Second Reading

First Reading - presentation, reading +

no debate and voting
 Exceptions to the
Procedure

Art.68 Art.66 Special Consent of Emergency

majority other parties Acts or
-DN can be -YDPA’s
requirements outside the Ordinance
passed by the consent can
Parliament under
DR be by passed -2/3 majority
Art.150
- e.g :COR
after 60 days
 Constitutional Amendment- (Art
159 and 161E)

Art.159(4) Art.159(3) Art.159 (5) Assent of

para (a) – (c) - Assent of Governors
- 2/3 Majority
-Simple CoR
Majority Limitations

Procedural limits Substantive

limits
• The case of Loh Kooi Choon
• Two major amendment
• To alter the nature of the power of assent to bills, which was
to be replaced by a provision which would have by passed
the YDPA after 15 days.
• To take away the power to declare emergency from the
YDPA and put it at the hands of the PM.
• This amendment was caught by Art 38(4) although it is
not the subject matter in Art 159(5).

Amendment in 1983
• Pertaining to the rulers’ immunity under Art.181
• Argument by the legislature – the provision was not
mentioned in Art 159 (5).
• Thus, the provision in Art 38(4) was raised.
• Art.38(4) clearly wide enough to cover the issues; it is
not just powers but honour and position of the YDPA and
rulers.

Amendment in 1993
• This doctrine protects the very pillars of the Constitution
and to ament it is tentamount to destroying the
constitution itself
• Loh Kooi Choon and Phang Ching Hock
• Amendments to the Constitution was challenged on the
argument that thy had interfered with the basic structure of
the Constitution.
• Court apparently accepted that the Malaysian Constitution
has a basic structure but did not, unfortunately, identify
what was it.

Doctrine of Basic
Structure
 Other Modes Of
Constitutional Change

Creative Emergency
constitutional Acts &
interpretation Ordinances
-Art.150(4)

Growth of
Authoritative
conventions
translations
-i.e: judicial
interpretations
• Amendments to Malaysian Constitution is complex task
as the constitution is a compilation of compromises
between races, royalty and commoners, the states and the
federation etc.

• Amendments may also involve more than questions of

procedure.

Conclusion