Legislation

The power to legislate law is with the legislature, the application of the enacted legislation is on the executive and its subjects and the power to interpret the legislation and of ensuring its compliance lies with the courts. The power of Parliament and the State Legislature in Malaysia is limited by the Federal Constitution. The above two legislative bodies cannot make any law they please. The Parliament as a legislative body at the Federal level is vested with the power to amend or repeal the provisions of the Federal Constitution by way of two third majority votes of both houses of Parliament. A bill is a proposed legislation and it does not become law until it is passed by the legislature. This chapter discusses the different types of bills namely, public bills, private bills and hybrid bills and the law making process in the Parliament. Further, the discussion is also focused on the merits and the demerits of the subsidiary legislation and the constitutional duty of the courts to ensure that no excessive delegation has taken place

Legislation

The doctrine of separation of powers propounded by English philosopher, John Locke, and the French writer, Baron de Montesquieu, described the separation of political power among the legislature, executive, and judiciary. It states, inter alia, that the legislative, executive and judicial functions of Government should be discharged by independent institutions that springs from a desire to prevent the over-concentration of power in the hands of a few and to ensure that the Government is responsible and accountable. The power to legislate law is with the legislature, the application of the enacted legislation is on the executive and its subjects and the power to interpret the legislation and of ensuring its compliance lies with the court

Malaysian legal system: an introduction

In order to understand how the Malaysian legal system has evolved and why it changed, it is necessary to discuss the Malaysian legal history. In fact, knowledge of the legal history provides the foundation from which one can begin to understand and apply the principles of constitutional, administrative, and judicial law, among others. As noted earlier, the legal system of Malaysia is based mainly on the English common law tradition which was a direct result of the British occupation of Malay States and the Borneo States in early 19th century right up to the early 1960s. The early laws of the Malay States are recorded from the time of the Malacca Sultanate in the 15th centur

Employer’s safety and health responsibility: with reference to selected workplace violations

Any violation of the employer’s rules on safety and health is considered a misconduct that would entail disciplinary action. The following acts or conducts of an employee which may compromise the health and safety of others at the workplace are discussed: (a) threats, intimidation and violence; (b) sexual harassment; (c) smoking at restricted or prohibited areas; (c) drugs and alcohol abuse; and (d) sleeping while on duty. Such occurrence in the workplace is considered rampant and hence, the consequences ensuing from violation thereto is discussed in the context of employer’s workplace safety and health obligation

Arbitrators: appointment and removal

Arbitrators have some expertise in the field of the dispute and they come from different educational and professional backgrounds including law, accounting, insurance, finance, health care, engineering, architecture and construction. In fact, many arbitrators are retired or former judges and lawyers and the arbitration agreement may specify the qualifications of potential arbitrators. In Malaysia, a person aspiring to be an arbitrator will have to fulfil the stringent requirements set by the Asian International Arbitration Centre (AIAC) which include having tertiary education, sufficient experience in arbitration and any membership or accreditation from any professional membership organisation for Alternative Dispute Resolution. When empanelled with the AIAC, he/she will be bound by the AIAC’s Code of Conduct for Arbitrators

Technology and delivery of justice

The main business of the Judiciary is to interpret and enforce the laws enacted by the Legislature including the Federal Constitution, State Constitutions and any other source of law recognised by the legal system. The courts perform their task in accordance with the oath taken by judges to uphold the Constitution and the enacted laws. ‘The courts are the final arbiter between the individual and the State and between individuals inter se, and in performing their constitutional role, they must of necessity and strictly be in accordance with the Constitution and the law be the ultimate bulwark against unconstitutional legislation or excesses in administrative action.’ If that role of the Judiciary is appreciated, then it will be seen that the courts have a duty to perform in accordance with the oath taken by judges to uphold the Constitution and to act within the provisions of and in accordance with the law.’3A judge must ‘maintain the highest traditions of judicial rectitude, independence and impartiality.’4 He should have an open mind and should not be biased against the person whom the action is sought to be taken nor should he be someone who has prejudged the issue

Internet misuse or abuse at workplace a gross misconduct

An employee who abuses or misuses the employer’s internet facilities such as circulating emails that contained abusive language and profanity may be dismissed from employment for gross misconduct. Having said the above, this article seeks to examine the misuse or abuse of workplace internet facilities and its consequence with reference to the Industrial Court’s awards

Islamic law

Islam is not merely a religion but is a complete way of life. It encompasses a legal, social and moral order aimed at construing the entire fabric of human life and culture in the light of values and principles revealed by Allah (s.w.t.) for the guidance of mankind. Its decrees and rules are to ensure prosperity and peace on earth and in the hereaft

Basic structure doctrine and its application in Malaysia: with reference to decided cases

What is emphasised is that the judiciary is empowered to strike down an amendment to the Constitution or any enacted laws which conflicts with or seeks to alter the basic structure of the Constituti

Migration of foreign labourers into Malaysia

The influx of migrant workers into the Malay Peninsula during the British administration of the Straits Settlements and the Malay States forms the basis of this chapter. Reference is made to the introduction of the labour legislation to accord protection of these workers against exploitation and abuse by the employers. It is noteworthy that the inflow of international migrants into the Malay Peninsula is not a recent phenomenon. It started during the British colonial rule when the capitalist economic enterprises were introduced together with necessary infrastructures. Apart from the above, it is also worthwhile to briefly note the abolishment of serfdom and slavery in England. The above discussion is relevant in so far as the treatment of migrant workers during the British administration of the Straits Settlements and the Malay States is concerned