Selangor State Assembly
Autor: azwaq • December 29, 2015 • Essay • 2,662 Words (11 Pages) • 796 Views
INTRODUCTION
In order to enact a new law, they must refer to a body that is constituted and follow several processes. In Malaysia, laws are legislated by to body. At the national level, law are legislated by the Parliament and at the state level the law will be enacted by the each of the State Legislative Assemblies.
Before Malaysia’s Independence in 1957 (in between 1st April 1946 till 10th September 1946) all the laws are called as Ordinance but after the independence they are called as acts and enacted by the Parliament. Besides, laws that are enacted by the State Legislative Assemblies are called Enactment except for Sarawak. The laws in Sarawak are called Ordinances. However, Laws promulgated by YDPA during an emergency proclaimed under A150 are also called Ordinances.
Even though these bodies are enacting the laws but The Parliament and The State Legislature are not supreme. They have to enact laws subject to the provisions set out in the Federal and the State Constitutions. The subject matter for legislation is devided between the Federal and State Governments.
According to Federal Constitution article 74 (1) –Without prejudice to any power to make laws conferred on it by any other Article, Parliament may make laws with respect to any of the matters enumerated in the Federal List or the Concurrent List (that is to say, the First or Third List set out in the Ninth Schedule) and article 74 (2) -Without prejudice to any power to make laws conferred on it by any other Article, the Legislature of a State may make laws with respect to any of the matters enumerated in the State List (that is to say, the Second List set out in the Ninth Schedule) or the Concurrent List.
By referring the articles above, we can conclude that the Parliament is competent to enact laws on matters enumerated in List I of the 9th Schedule while the State can enact laws on matters enumerates in List II. List III are within the concurrent competence of both authorities. Matters not enumerated in any of the lists are within the authority state.
Furthermore, there are also Constitutions of the 13 States comprising the Federation, which forms part of written law in Malaysia. The State Constitution contains provisions which are enumerated in the 8th Schedule to the Federal Constitution. Some of these provisions include matters concerning the Ruler, the Executive Council and the Legislature.
Malaysia is a nation that consist 13 states and three federal territories. The states are Johor, Kedah, Kelantan, Melaka, Negeri Sembilan, Pahang, Perak, Perlis, Pulau Pinang, Sabah, Sarawak, Selangor, and Terengganu. Meanwhile the federal territories are Kuala Lumpur, Labuan and Putrajaya. Peninsular of Malaysia are divided into a total of 137 administrative administrative districts, Sabah is divided into four residences, and Sarawak is divided into five residences. The Ministry of Federal
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