Malaysian Legal System

1711 WordsJul 7, 20117 Pages
Model Answer 1 Every citizen is protected under the Federal Constitution which entrenches certain ‘fundamental liberties’. In this context, explain what is meant by ‘fundamental liberties’ and state the main liberties so entrenched in the Federal Constitution. (10 marks) (This question tests the candidates’ knowledge on ‘fundamental liberties’ as provided for in the Federal Constitution.) The phrase, ‘Fundamental Liberties’, refers to certain rights, which may be considered as basic and essential to ensure the freedom of the individual. These rights are stated in the Federal Constitution and are said to be entrenched or enshrined because these rights cannot be altered or taken away altogether unless the Constitution itself is amended.…show more content…
Legislation passed by Parliament are generally called Acts of Parliament, while those passed by the State Legislative Assemblies are called Enactments (with the exception of Sabah and Sarawak, where they are called Ordinances). Delegated legislation (also known as subsidiary legislation) may be defined as the rules and regulations which are passed by some person or body under some enabling parent legislation. It is defined in the Interpretation Act 1967 as ‘any proclamation, rule, regulation, order, bye-law or other instrument made under any Ordinance, Enactment or other lawful authority and having legal effect’. (b) The advantages of delegated legislation are the following: (i) Delegated legislation can be passed very quickly and is more flexible. This is because it does not have to undergo the various stages of procedure which has to be followed in Parliament or the State Legislative Assemblies. Similarly, if the need arises, subsidiary legislation can be just as speedily amended or even rescinded to meet the changing needs of society. (ii) Delegated legislation deals with the detailed rules necessary to implement the law. As Parliament does not have sufficient time to deal with such minute details, delegated legislation is the more efficient way to fulfill this need. (iii) Some matters require the special skill and knowledge of experts in that area. Parliament itself may not have sufficient experts for this purpose. Thus, delegated legislation fulfils

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