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
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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
 Bill goes to the other house and procedure is repeated
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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?