Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

ITL > WEEK 7: LEGISLATION AND DL > Flashcards

WEEK 7: LEGISLATION AND DL Flashcards

1
Q

What is Legislation?

A
  • law enacted by the legislature, and by bodies and persons authorised by the legislature.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

How is a Legislation created?

A
  • Through an Act of Parliament, the Parliament is able to permit another person or body to make legislation.
  • An Act of Parliament creates the framework of a particular law and tends only to contain an outline of the purpose of the Act.
  • Once the Parliament delegates its authority to other persons or bodies to make law - the legislation is then able to provide more details to an Act of Parliament.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What are the two legislative powers in Malaysia?

A

Parliament (Federal Level) & State Legislative Assembly (State Level)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What are the types of legislation?

A
  • Primary Legislation / statues (made by legislature itself)
  • Subsidiary Legislation (made by other bodies authorised by legislature)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What goes under the primary legislation?

A
  • Acts of Parliament

- State Enactments

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What goes under the subsidiary legislation?

A
  • orders
  • regulations
  • rules
  • by-laws
  • proclamations
  • notifications
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What are the limitations of power in the legislation?

A

Under (Art. 4), Federal Constitution in Malaysia is the supreme law of the federation.

  • Parliament and State L.A are not supreme
  • They are only able to enact law within the limits and in the manner prescribed by the Federal and State Constitutions.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is stated in the Federal Constitution (Art. 74) about the limitation of power?

A
  • Parliament may make law with references to matters provided in List I and List III of the Ninth Schedule.
  • State Legislature may only make law with reference to matters provided in List II and List III.
    Matters on List III which is the Concurrent list, are in the authority of both parliament and the state legislature.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

The types of legislation in Malaysia?

A

Acts - laws enacted by Parliament (after Merdeka).

Ordinances

  • Laws enacted by the federal legislature between 1st April 1946 and 10 September 1959.
  • Laws promulgated by YDPA during an Emergency were proclaimed under Art. 150 of the F.C.

Enactments

  • Enacted by the State Legislative Assemblies,
  • Except in Sarawak - known as Ordinances.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What are the types of Acts?

A
  • Principal Act
  • Amendment Act
  • Revised Act
  • Consolidated Act
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is the Principal Act?

A
  • Major document covering the law on that particular subject or area.
  • Most common legislation.

Examples:
Child Act 2001, Consumer Protection Act 1999, Police Act 1967, Contract Act 1950.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is an Amendment Act and how would it affect the Principal Act?

A

An Amendment Act would make changes to a Principal Act.

  • changes may affect a few words or paragraphs, replaces entire sections, sections or delete (repeal or revoke) a particular section or a complete Act.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

How would you recognise an Amendment Act?

A
  • Generally easy to recognise amending legislation from the title - includes the word “Amendment” or “Amending”.
  • Examples: Companies (Amendment) Act 2007 (Act A1299), Legal Profession (Amendment) Act 2006.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is a Revised Act and how does it affect the Principal Act?

A
  • Is the result of changes made by the Commissioner of Law Revision under the power conferred upon him in the Revision of Laws Act 1968.
  • Restricted to technical, grammatical, and typographical changes that do not affect the substance of the law.
  • Example: Civil Law Act 1956 (Act 67) (Revised 1972), Partnership Act 1961 (Revised 1974)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is a Consolidated Act and how does it affect the Principal Act?

A
  • Brings together (combines) a single Act, two or more Acts on a specific subject matter.
  • Examples: Interpretation Act 1948 and 1967 (Act 388) (Consolidated and Revised 1989)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

How does a Bill become a law? (Legislative Process)

A
  • A bill is a law in draft (draft of a proposed law), it becomes law after following certain procedures.
  • May originate in either House / Dewan, though most often originates in the Dewan Rakyat.
  • A Bill concerning tax or expenditure (money or supply Bills) must originate in the Dewan Rakyat.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What are the types of Bills?

A
  • Public Bill
  • Private Bill
  • Private Members Bill
  • Hybrid Bill
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What is a Public Bill?

A
  • usually introduced by Ministers, relates to matters of government policy and having a general application over the entire nations.

Most common type of Bill in Malaysia.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What is a Private Bill?

A

initiated by NGOs, or any private citizen (people who have no locus in Parliament.

  • Deals with matters of public or local and private concern.
  • May be intended to affect or benefit some particular person, association, or corporate body.
  • Examples: Sexual Harassment Bill brought by AWAM.
20
Q

What is a Private Members Bill?

A

introduced by a Member of Parliament who is not a minister.

  • Deals with matters of public or local and private concern.
21
Q

What is a Hybrid Bill?

A

introduced either by Ministers or private individuals.

  • Could be a matter of national interest but there is a specific effect on particular individuals and organisations who may be adversely affected.
22
Q

What consists of the legislative process?

A

Pre - Parliamentary procedure -> Parliamentary procedure -> Post Parliamentary procedure.

23
Q

What is a Pre - Parliamentary Stage and what is a part of it?

A
  • May come from various sources, election manifesto, the government, policy decisions of a ministry or government department, etc.
  • Wherever it comes from, it must be accepted in principle by the Cabinet.
  • Meetings, consultations between relevant government authorities are held.
  • The drafting of a Bill is done by Parliamentary Draftsperson i.e Drafting Division, Attorney-General’s Chambers.
  • Once Cabinet approval of the Bill is obtained, it will be introduced into Parliament.
24
Q

There are several stages under the Parliamentary Procedure. What are they?

A
  • First Reading
  • Second Reading
  • Committee Reading
  • Third Reading
  • Senate / Dewan Negara
25
Q

How is the First Reading held?

A
  • Introduction of the Bill to members of the House.
  • Short title of the Bill will be read out by the Minister.
  • The Bill will then be circulated and a copy will be received by everyone. (This is a notice that the Bill will be debated later during the Second Reading).
  • After, the Bill will then be gazetted and made known to the public.
  • The date of the Second Reading will then be set.
26
Q

How is the Second Reading held?

A
  • The most crucial and important stage.
  • Minister outlines the main principles of the Bill and a debate on the principles ensues.
  • At the end of the discussion, members will be required to vote for or against the Bill.
  • Once the required votes are obtained, the Bill shall be moved to the Committee Stage.

Vote: simple majority of the members present for Ordinary Bills.

Vote to amend the Constitution: Article 159(3) FC requires ⅔ majority of all members of both House. All must be present.

27
Q

What occurs in the Committee Stage?

A
  • Bill is discussed in an informal manner.
  • A detailed discussion will proceed in a definite order.
  • Members of the House become the members of the Committee.
  • The House may also appoint an ad hoc committee to discuss the Bill (usually when it involves technical matters.)
28
Q

What is the Third Reading?

A
  • The final stage before the Bill is deemed passed by that House.
  • Usually does not involve much debate.
  • Members are invited to vote for or against the Bill once again.
  • Once the required votes are obtained, the Bill is considered/deemed passed by that House.
29
Q

What occurs in the Senate / Dewan Negara?

A
  • The Bill shall be forwarded to the Senate where a similar procedure will be followed.
  • The Senate has no power to reject or veto the Bill.
  • But the Senate may delay sending the Bill back to the Dewan Rakyat (Art. 68 of FC).
  • If Dewan Negara does not pass or persist to disagree with Dewan Rakyat, the Bill will be presented to the YDPA for Royal Assent at the end of the specified period.
30
Q

After the Parliametary Procedure is held, the Post Parliamentary Procedure will. What happens here?

A

Royal Assent: The Bill will be presented to the YDPA for Royal Assent by affixing the public seal.

  • Article 66(4) FC: “The YDPA shall within thirty days after a Bill is presented to him assent to the Bill by causing the Public Seal to be affixed thereto.”
31
Q

What stages do the Bill need to go through before becoming an Act?

A

Bill -> First Reading -> Second Reading -> Committee Stage -> Third Reading -> Dewan Negara -> Royal Assent -> Publication -> Act

32
Q

What happens if a Bill is not assented to?

A

Article 66(4A): “If a Bill is not assented to by the YDPA within the time specified in Clause (4), it shall become law at the expiration of the time specified in that Clause in the like manner as if he had assented thereto.”

33
Q

When does a Bill become law?

A

Article 66(5) of FC: “A Bill shall become law on being assented to by the YDPA or as provided in Clause (4A), but no law shall come into force until it has been published.”

  • A Bill does not come into force until it has been gazetted.
  • All law must be gazetted in accordance with section 18 of the Interpretation Acts 1948 & 1967.
34
Q

When is a law commenced?

A
  • Section 19 Interpretation Acts 1948 & 1967; “The commencement of an Act.. shall be the date provided in or under the Act… or, where no date is so provided, the date immediately follows the date of its publication.”
  • Article 66(5) - “A Bill shall become law on being assented to by the YDPA or as provided in Clause (4A), but no law shall come into force until it has been published, without prejudice, however, to the power of Parliament to postpone the operation of any law or to make laws with retrospective effect.”
35
Q

“The Power of Parliament to postpone with the operation of the law to make laws with retrospective effect.” What does this mean?

A
  • Parliament can specify that the law is to take effect at a later date even though for example, it is published today.
  • Eg: Law Reform (Marriage and Divorce) Act 1976 came into force on 1 March 1982.
  • Laws with retrospective effect eg. law is gazetted today but implemented 1st January 2017.
36
Q

What is a delegated legislation?

A

A delegated legislation is a law made by some person or body, other than the parliament, but with the permission of parliament.
- Authority is laid down in a parent Act of Parliament, known as an enabling Act which creates the structure of the law and then delegates’ powers to others to make more detailed law in the area.

It is also known as a subordinate, subsidiary, and secondary legislation.

37
Q

How is a delegated legislation made?

A
  • Parliament confers the power to make subsidiary legislation on a government minister or another person or body.
  • Several thousand pieces of delegated legislation are made each year, compared with only a few dozen Acts of Parliament.
  • Parliament lays down the general guidelines to be followed strictly by local authorities.
  • Section 3 of the Interpretation Acts 1948 and 1967 (Act 388) (Consolidated and Revised 1989) defines subsidiary legislation as:
    ‘Any proclamation, rule, regulation, order, notification, by-law or other instrument made under any Act, Enactment, Ordinance or other lawful authority and having legislative effect.’
38
Q

What are the types of delegated legislation?

A
  • Rules
  • Regulations
  • Orders
  • Notifications
  • Bylaws
38
Q

What are the types of delegated legislation?

A
  • Rules
  • Regulations
  • Orders
  • Notifications
  • Bylaws
39
Q

What is a parent Act / enabling Act?

A

It is an Act of Parliament or Enactment or Ordinance which is the source of authority to make delegated legislation.

This Act gives power to another person or body to make said law.

40
Q

Why is a delegated legislation made?

A

The idea of a subsidiary legislation is to provide details of specific things, while the parent legislation can be general in nature.

A delegated legislation may provide for rules, regulations, procedures, etc. to promote the smooth application of the parent legislation.

41
Q

Examples of delegated legislation

A

Hire Purchase Act 1967 (Act 212) S57(1) - The Minister may make regulations for or in respect of every purpose which is deemed by him necessary for carrying out the provisions of this Act and for the prescribing of any matter which is authorised or required under this Act to be so prescribed.
-> Hire Purchase (Application of Permit and Procedure of Repossession) Regulations 2011 was made by the Minister.

S77, Legal Profession Act 1976 - “The Bar Council may, with the approval of the Attorney-General make rules for regulating the professional practice, etiquette, conduct, and discipline of advocates and solicitors.”
-> The Legal Profession (Practice and Etiquette) Rules 1978

42
Q

Order of events to make a delegated legislation

A 
Legislature (Parliament) 
Makes
 the Parent Act (Employment Act 1955)
Gives power to 
Minister (not legislature but executive)
Makes
Subsidiary Legislation (Employment [Termination and Lay-Off Benefits] Regulation 1980)
43
Q

Advantages of a delegated legislation?

A

1) Saves time
- The legislature has insufficient time to enact all the legislation, detailed in every aspect, required in a modern society.
- avoids overloading the limited Parliamentary timetable as delegated legislation can be amended and/or made without having to pass an Act through Parliament, which can be time-consuming.
- Legislature can now only deal with broad principles of law and details are left to the relevant authority.

2) Quick and Easy
- Legislature is not continuously in session and its legislative procedures are cumbersome.
- Delegation is necessary in situations where laws need to be made quickly, such as in emergencies, or to be amended to repealed quickly.
- S22 of the Interpretation Acts 1948 and 1967: “SL may at any time be amended, varied, revoked, suspended or revived by the person or authority by which it was made.”

3) Flexible
- Delegated Legislation can be used to cover a situation that Parliament had not anticipated at the time it enacted the piece of legislation, which makes it flexible and very useful to law-making.
- It is then able to meet the changing needs of society immediately without the need to undergo the parliamentary procedure.

44
Q

Disadvantages of a delegated legislation?

A

Lack of expertise

  • Much modern legislation is highly technical and is best left to the experts or administrators on the job who are well versed with the technicalities involved.
  • A local authority can make law in accordance with what their locality needs as opposed to having one law across the board which may not suit their particular area.
  • This law will then be made and that Local Authority will have the knowledge of what is best for the locality rather than the Parliament.

ITL (4 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions