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 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

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

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 (Dewan Undangan Negeri) 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)

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 1 st reading – long title is read - formality 2 nd reading – contents of the Bill debated & discussed Goes through a Committee of the whole house – discuss technical details of the Bill 3 rd 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 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?