MALDIVIAN LEGAL SYSTEM, LEGAL

METHOD, AND REASONING

LLBM2008

Name: Ahmed Ibrahim

Student ID: S2101479

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SECTION A:

1. C
2. True
3. C
4. A
5. C
6. B
7. C
8. False
9. A
10. C

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SECTION B

Q2:

The principles of equity emerged as a separate legal system alongside common law
system as a response to the inflexibility and rigidity of the common law system.
Common law relies heavily on judicial decisions and legal precedents, which can make it
difficult to adapt to changing circumstances and new situations. Equity, on the other
hand, provided a way for individuals to seek relief from the strict application of common
law rules and to seek justice in situations where the common law provided no remedy.

One of the most significant contributions of equity is the introduction of new legal
concepts and remedies. For example, equity introduced the concept of trusts, which
allows property to be held and managed for the benefit of another person. Additionally,
equity provided new remedies such as injunctions and specific performance, which are
not available under the common law system. These remedies allow a court to order a
person to do or refrain from doing something, rather than just awarding damages.

Equity also emphasized the importance of fair behavior and introduced the "clean hands"
doctrine, which holds that a person seeking relief in equity must have acted fairly and
not have engaged in any wrongdoing themselves. This principle ensures that individuals
who come to court with dirty hands will not be able to receive any relief.

In summary, equity provided a complementary system that helped mitigate the rigid
nature of common law and provided more flexibility to adapt to different situations. It is
important to note that although equity did provide an alternative approach to the common
law system, it is difficult to determine to what degree it succeeded in overcoming the

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limitations and flaws of the common law system. This is because the two systems have
coexisted and interacted throughout history, influencing each other's development.
Moreover, the application of equity is often subject to the discretion of the court and
may vary depending on the case and the judge.

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SECTION C

Q6:

To propose a Bill to the People’s Majlis, you have to follow and should be informed of the
following steps that I have detailed below. Please note that it involves all the steps in the legislative
process, starting from the introduction of Bills to Majlis, the stages it goes through the parliament
and how it finally becomes a Law at the end.

Introduction of Bills to Majlis

In the People's Majlis, any member can propose new legislation at any time. The President also
has the option to introduce a bill through a designated Member of Parliament. Political parties
are required to submit their proposed legislation through their parliamentary leader or a
designated representative. Individual members may also submit their own bills. However, bills
that involve financial obligations or taxes must be clearly marked and can only be submitted by
the government. At the beginning of each term, the government must provide a list of planned
bills to all Members of Parliament. The main sponsor of a bill is the Member who introduced it
on their own or on behalf of the government or political party they belong to. Co-sponsors are
not mandatory but can be added as needed. Constitutional amendments may be proposed by any
Member of Parliament, except during a state of emergency. Once a bill is submitted, it will be
distributed to all members for review. Before a bill can become law, it must pass through a series
of stages in the parliament.

First Reading:

The Speaker of the parliament formally introduces a Bill by reading out its title. The Speaker
then verifies that it adheres to the parliament's Standing Orders. Typically, members are given a
7-day notice before the initial debate on the Bill is held. However, in special cases, with approval
from the majority or minority leader, the notice can be shortened to 3 days before the preliminary
debate begins.

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Second Reading:

The process begins with the sponsor introducing the Bill, followed by a preliminary debate. In
order for the Bill to be admitted, it must receive a majority vote from members present. If it is
accepted, the Bill is then assigned to a parliamentary committee for further discussion and
examination. The committee will vote on the Bill and can either choose to report a new version
of the Bill or present the current one.

Third Reading:

At this stage, the committee report is submitted and discussed again. The Bill can be passed by a
majority vote in parliament. During this stage, members can also propose and debate
amendments. If any amendments are made, they are voted upon. After all the debate and
amendment decisions are made, a final vote on the Bill's passage is taken. And if the Bill gets
passed on this stage, it will be delivered to President for ratification. In an unfortunate event of
defeat, another vote can be taken to recommit the Bill to the Committee.

Ratification and Creation of Law

According to the Article 91 (a) of the Constitution of Maldives, the Bills passed by parliament is
sent to the President for approval within seven days. The President then has 15 days to either
approve the Bill or send it back to parliament with recommendations. If the Bill is sent back and
passed again without any changes by a majority of parliament, the President must approve it. If
the President takes no action within the specified timeframe, the Bill is considered approved and
becomes law. Once the President approves a Bill, it is officially made into law by being
published in the Government's Gazette. However, some Bills that amend the Constitution must
be approved by a majority in a public referendum before they can become law. If the majority of
votes in the referendum are against the Bill, it is deemed defeated.

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