4.
Terminology:
“legislate”
To legislate to make law
“legislation”
The law that is made is called legislation
“legislature”
The body that legislates; the law-making body
5.
Federal level Parliament
There is only one parliament for the
Federation
State level State Legislative Assembly
There are 13 SLA
6.
Laws made by the parliament are called “Acts
of Parliament”
Parliament makes laws for the whole or any
part of the Federation
Article 73(a) of the Federal Constitution:
“In exercising the legislative powers conferred on
it by this Constitution, Parliament may make laws
for the whole or any part of the Federation…”
7.
Laws made by SLA are called “Enactments”.
(except Sarawak where they are called
“Ordinances”.
SLA make laws for the whole or any part of
the State.
Article 73(b) of the Federal Constitution:
“In exercising the legislative powers conferred on
it by this Constitution, the Legislature of a State
may make laws for the whole or any part of that
State.
8.
Federal Constitution
The supreme law of the Federation
Any law inconsistent with this Constitution
shall be void.
Drafted by the Reid Commission
Contains 183 Articles on various aspects.
E.g. fundamental liberties, citizenship,
election, federal and state relationship,
financial provisions, judiciary, public servants,
emergency powers, among others.
9.
State Constitution
Regulates the government of the State
Regulates matters listed in the 8th Schedule
of FC (“Provisions to be Inserted in State
Constitutions”).
E.g. Ruler to act on advice, proceedings
against the Ruler, executive council,
legislature, financial provision, among others.
10.
The three lists are found in the Ninth
Schedule to the FC.
List 1 – Federal List
List 2 – State List
List 3 – Concurrent List
11.
List 1 – Federal List
Matters affecting the interest of the country
as a whole.
E.g. external affairs, defence, internal
security, administration of justice, finance.
12.
List 2 – State List
Matter affecting the interest of States.
e.g. land, agriculture, mining, Islamic
matters.
List 3 – Concurrent List
Matters affecting the interest of both Federal
and State governments.
E.g. social welfare, protection of wild
animals, town/country planning, culture.
13.
14.
Article 44 FC (Constitution of Parliament):
“The legislative authority of the Federation
shall be vested in a Parliament, which shall
consist of the Yang di-Pertuan Agong and two
Majlis (Houses of Parliament) to be known as
the Dewan negara (Senate) and the Dewan
Rakyat (House of Representatives)”.
16.
Elected under rules contained in the Third
Schedule to the FC.
Term of appointment is 5 years.
The 9 rulers may vote through a secret ballot.
Can be removed on any ground by majority
vote of the Conference of Rulers.
Plays an important constitutional role.
17.
Attends Parliament only on special occasions
(inaugurate Parliamentary Sessions).
Has legislative power: to assent a Bill within
the time specified.
Can legislate during emergency (Article 150)
Has power to dissolve Parliament.
Acts on the advice of the Cabinet.
18.
Composition – Article 46
Members are elected by the public (during
elections)
Qualifications: 21 years of age, citizen, of
sound mind, not a bankrupt, no past criminal
records.
19.
Purpose:
To allow experts to serve in a legislative
capacity without having to be elected;
To allow the Bill to be discussed and analysed
further;
To allow representation from the states in the
legislative process;
20.
Elected senators and appointed senators.
Term of appointment is 3 years and subject to
renewal for another term.
Qualifications: 30 years of age, citizen, of
sound mind, not a bankrupt, no past criminal
records.
