NORMALA YUSOFF (2012411874)

ASSIGNMENT 1

LAW 245

QUESTION 1

Explain the law making process in the parliament

i. Pre-Parliamentary Stage

Government Proposal (Discuss in ministry level) recommended by a government or a Royal

Commission, institution or pressure group.
Sent the proposal to the Parliamentary Draft person in the Attorney Generals Chambers.
The proposal becomes Bill.
Cabinet gives approval for the bill.
ii. Parliamentary Procedure
The legislative procedure or the law making process in Parliament is mentioned in Article 66-
68 of Federal Constitution. Under Article 66 (1) the power of Parliament shall be exercised
by Bills passed by both Houses and assented to by the Yang Di_Pertuan Agong (YDPA)
A Government Bill will be introduced into Parliamentary by the Minister responsible by the
matter. A Bill san begin from Dewan Rakyat or Dewan Negara.
iii. First Reading
When a bill is first introduced by one of the two houses, only the title is actually read out by the
clerk of Dewan Rakyat.
iv. Second Reading
The must be printed and distributed.
The minister will present the outline of the Bill.
The house will debate on the principle
If the bill receives the required number of votes, it will proceed to committee stage
v. Committee Stage
If the Bill required more detailed and scrutiny, the House may refer the Bill to a selected
committee but this rarely happen. Amendment can be proposed.
A Minister move a motion to report the Bill to the Dewan. If the motion is accepted the
Dewan resume sitting.
vi. Third Reading
The bill is review again.
Debates will centered on general principles.
Substantives amendments are no longer allowed except with permission of the speaker to
correct errors or oversight.
A vote is taken and if passed the Bill is sent to Dewan Negara
vii. Dewan Negara
The Bill will go through the sama procedure or stage with Dewan Rakyat. If there are
amendment made to the Bill, the Bill will be returned to the Dewan Rakyat.
Any disagreement between the two Dewans will be resolves by the Joint Committee of Both
Dewan.
Dewan Negara has no power to vote, reject or insists its amendment to the Bill passed by
Dewan Rakyat. Dewan Negara can merely delay the passage of a Bill.
viii. Royal Assent
Under Art. 66(4), the YDPA shall within 30 days after the Bill is presented to him, assent to
the Bill by causing the Public Seal to be affixed thereto.
If 30 days expire and no assent is given, the Bill becomes law.
Once the Bill is given Royal Assent, it becomes an Act.
ix. Publication
An Act of Parliament only come into forces Publication upon it being published in gazette.
QUESTION 2

Explain the application of English Law in Malaysia

English Law means both principles of common law and equity made by the superior Courts of
United Kingdom.

The application of English Law in Malaysia based on the provision of Section 3 and Section 5
Civil Law Act 1956

Section 3 (1) of Civil Law Act 1956 provides:

Section 3 (1) (a), West Malaysia apply common law and equity as administered in England on 7 th
April 1956
Section 3 (1) (b) and (c), apply the common law and equity together with statutes of general
application as administered in England on Sabah [1 st December 1951] and Sarawak [12th
December 1949]
Section 5 (1), all states apply English Common Law including Statutes on 7th April 1956
Section 5 (2), Penang, Malacca, Sabah and Sarawak can use relevant and applicable English
Common Law continuously.
QUESTION 3

List Five Calssification of Law

i. Public or Private Law

ii. Local or International Law

iii. Civil or Criminal Law

iv. God Made Law or Man Made Law

v. Substantive or Procedural Law