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From a Bill to an Act 27 July 2011 : UIAM

From a Bill to an Act 27 July 2011 : UIAM. Nor Edzan Che Nasir Library University of Malaya. Our legal system. Supreme law of the land = Federal Constitution of Malaysia legal framework – laws, legislation, courts and other administrative aspects of the law

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From a Bill to an Act 27 July 2011 : UIAM

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  1. From a Bill to an Act27 July 2011 : UIAM Nor EdzanCheNasir Library University of Malaya

  2. Our legal system • Supreme law of the land = Federal Constitution of Malaysia • legal framework – laws, legislation, courts and other administrative aspects of the law • defines government and monarch • rights of citizens • Federal laws – Parliament of Malaysia • State laws – State Legislative Assembly • Dual justice system – 121 (1A) of the Federal Constitution – secular (criminal & civil) and syariah laws

  3. Common law • 2 types of laws in Malaysia – written and unwritten • Written – enacted in the constitutions or in legislations • Unwritten – not contained in any of the above but can be found in case decisions • Known as common law or case law • Malaysian case law or English case law and sometimes Australian, Indian or Singaporean

  4. Federal law and state law • Federal • Made by MPs and Senators (Dewan Rakyat and Dewan Negara) • Application is nationwide • Act • State • Made by assemblymen in State Legislative Assembly (DewanUndanganNegeri) • Application is to the state only • Enactment or Ordinance • Federal law takes precedence over state law in cases of inconsistency (Article 75 of the Federal Constitution)

  5. Formulation of Acts of Parliament • 2 houses namely lower house (Dewan Rakyat = House of Representatives) and upper house ( Dewan Negara = Senate) • Bills have to be passed in both houses to become Acts • Bill – can originate from any house except for the Money Bill • Bill – goes through 3 readings • 1st reading – long title is read - formality • 2nd reading – contents of the Bill debated & discussed • Goes through a Committee of the whole house – discuss technical details of the Bill • 3rd reading - formality

  6. Bill goes to the other house and procedure is repeated here • Bill sent to YDPAgong for assent so that the Public Seal can be affixed • Done within 30 days from the date the Bill is presented to him • After 30 days, Bill becomes an Act with or without his assent – Article 66(4) of Federal Constitution • An Act can only come into force when it has been gazetted or published under Article 66(5) of Federal Constitution

  7. Our role as librarians • Reference enquiries - need to keep track of a Bill through its various stages • Local legal publications – currency of information • Our profession – need to follow events which has legal implications • An Act for Librarians?

  8. THANK YOU

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