From a Bill to an Act27 July 2011 : UIAM

Nor Edzan Che NasirLibrary

University of Malaya

Our legal systemSupreme law of the land = Federal Constitution

of Malaysialegal framework – laws, legislation, courts and

other administrative aspects of the lawdefines government and monarchrights of citizens

Federal laws – Parliament of MalaysiaState laws – State Legislative AssemblyDual justice system – 121 (1A) of the Federal

Constitution – secular (criminal & civil) and syariah laws

Common law2 types of laws in Malaysia – written and

unwrittenWritten – enacted in the constitutions or in

legislationsUnwritten – not contained in any of the above

but can be found in case decisionsKnown as common law or case lawMalaysian case law or English case law and

sometimes Australian, Indian or Singaporean

Federal law and state lawFederal

Made by MPs and Senators (Dewan Rakyat and Dewan Negara)

Application is nationwideAct

StateMade by assemblymen in State Legislative Assembly

(Dewan Undangan Negeri)Application is to the state onlyEnactment or Ordinance

Federal law takes precedence over state law in cases of inconsistency (Article 75 of the Federal Constitution)

Formulation of Acts of Parliament2 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 ActsBill – can originate from any house except for the

Money Bill Bill – goes through 3 readings1st reading – long title is read - formality2nd reading – contents of the Bill debated & discussedGoes through a Committee of the whole house –

discuss technical details of the Bill3rd reading - formality

Bill goes to the other house and procedure is repeated here

Bill sent to YDP Agong 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

Our role as librariansReference enquiries - need to keep track of a

Bill through its various stagesLocal legal publications – currency of

informationOur profession – need to follow events which

has legal implications An Act for Librarians?

THANK YOU