TUTORIAL QUESTIONS

1. Public Law

 Public law administers the relationship between the government and individuals.
 It comprises of standards governing the relationship between various branches of the
government .

Private law

 The private law is the body of law which govern the relationship between private individuals.
 Private law characterizes the rights and obligations of people and private NGO .

2. Malaysia courts hierarchy divide by 2 :

First , superior courts and subordinate courts .

Superior courts

 Federal Courts
 Courts Of Appeal
 High Courts

Surbodinate Courts

 Session Courts
 Magistrates Courts
 Other Courts

3. Source of law divide by 5

First , SOURCES OF LAW

• HISTORICAL: Religious beliefs, local customs, opinion of jurists

• LEGAL SOURCES: These are the legal rules that make up the law

• PLACES: Statute, law reports, text books

Second ,WRITTEN LAW

• FEDERAL CONSTITUTION

• STATE CONSTITUTION

-regulate the government of the state

Third , LEGISLATION

 Law enacted by a body constituted forthe purpose of enacting laws

Fourth , CUSTOMS
  Malay customary law-Natural law & custom of the natives of Sabah & Sarawak
 Chinese Customary
 lawHindu Customary Law
 Muslim Law

Fifth , UNWRITTEN LAW

 Found in common law and rules of equity .

4 . Law making process

 Recommendation
-A draft legislation is proposed by a certain minister or ministry.

-For example, Malay Mail Online (MMO) reported Prime Minister Datuk Seri Najib Razak as
saying that a law was needed to curb fake news in the country, before a committee was set
up to draft it.

 Formulation
-Contents of the draft legislation is usually formulated by the Attorney General Chambers of
Malaysia, before being introduced as a bill into the Parliament.

-In the case of the anti-fake news bill, MMO reported that a special committee was formed
on 30 January to draft laws on preventing fake news.

 First reading in Dewan Rakyat

-The First Reading is perceived to be just a formality, where a minister in the Dewan Rakyat
reads out only the title of the bill.

-MPs are not allowed to debate and discuss about the bill yet.

 Second reading in Dewan Rakyat

-The second reading is regarded as one of the most crucial stages in this process
-The Bill goes through a parliamentary debate on its principles and contents in the Dewan
Rakyat.

 Discussion
-Contents of the Bill is discussed thoroughly at the committee stage in the Dewan Rakyat.
-According to LawTeacher, MPs group themselves into several committees to deliberate the
bill, but they are not allowed to discuss what had been debated in the second reading.
-For instance, after the anti-fake news bill was passed at second reading, Malaysiakini
reported that amendments to the bill were passed at the committee stage.

 Third reading in Dewan Rakyat

-Members of the Dewan Rakyat will be notified in this stage that the bill has gone through
the first three stages.
 - If there is no objection, the bill is ready to be passed to Dewan Negara.

 Debate in Dewan Negara

-Debate in the Dewan Negara goes through a similar process as it did in the Dewan Rakyat.

-Nonetheless, the Dewan Negara can only delay a bill's passage by a maximum of a year
before it is sent to the Yang di-Pertuan Agong.

-The Star reported that Dewan Negara has only amended less than five Dewan Rakyat bills
since 1959.

 Submission to Yang di-Pertuan Agong to be gazetted

-Once the Bill is passed in the Dewan Negara, it will be submitted to the Yang di-Pertuan
Agong to obtain his consent.

-However, a bill will become law after 30 days, even if the Agong does not assent to it.

-For example, the National Security Council Bill was the first bill in Malaysia to be passed
without the Agong's consent.

5. Role and funtions of organs government

 Legislature
-manage and enforce the law
 Executive
-draft and amend the law
 Judiciary
-cannot be amended
-must be by Malaysia act

6.