BUSINESS LAW Tutorial Qs – T1

QUESTION 1 Why is subsidiary legislation important? (7 marks)

ANSWER What is subsidiary legislation? Parliament now produces annually a very large output of new legislation in the form of Acts of Parliament This legislation is an attempt to regulate very complex matters It would be impossible to include in the Acts of Parliament all relevant details of these subjects The need to fill in and to vary the details of statute law is met by conferring, usually on the minister concerned, a statutory power to make regulations for defined purposes of the main statute This is called subsidiary legislation or delegated legislation, since the parent Act delegates to some executive authority power to legislate in this way

ANSWER Why is it important? Legislation by Parliament and the State Legislatures is insufficient to provide laws required to govern everyday matters Subsidiary legislation deals with the details about which legislature has neither the time nor the technical knowledge to enact laws

QUESTION 2 Written law is more important source of law in Malaysia. Do you agree? Justify your response by first explaining what is written law then describing the other sources of written law in Malaysia. (15 mark)

ANSWER Agree with statement Written law consists of those laws which have been consolidated and codified. These laws are arranged and organised properly e.g. Contracts Act 1950 and the Federal Constitution. It is the most important source of law because it consist of those laws which are made by Parliament which is the highest law making body in Malaysia. The Federal Constitution is part of written law which according to Article 4(1) Federal Constitution is the supreme law of the country

ANSWER Examples of written laws are: - The Federal and State Constitutions Legislation enacted by Parliament and State Assemblies e.g. Act of Parliament, Ordinance, Enactments etc Subsidiary legislation made by persons or bodies under powers conferred on them by Acts of Parliament or State Assemblies e.g. Rules and Regulations, By-Laws, Guidelines, etc

QUESTION 3 Explain ANY THREE (3) sources of the Malaysian Legal system (15 marks)

ANSWER Constitution Legislation Subsidiary legislation Case law Custom English law Islamic law

QUESTION 4 Compare and contrast public and private law. (4 marks)

ANSWER Public Private Relationship between the citizen and the State Example Constitutional law Criminal law Private Relationship between the citizen and another Private or civil law is intended: - to give compensation to persons injured, to enable property to be recovered from wrongdoers, and to enforce obligations (contracts & trusts) Example – contracts, tort and trusts

QUESTION 5 Why is it said that the Federal Constitution is the most important law in Malaysia? (5 marks)

ANSWER The Federal Constitution declares itself as the supreme law of the Federation (Article 4(1) Federal Constitution) 2/3 majority needed to make amendments

QUESTION 6 In Malaysia, Parliament consists of Dewan Rakyat and Dewan Negara. Which of these two has greater authority in making laws? (10 marks)

ANSWER The Dewan Negara has no power to veto, reject or insist on its amendments to a Bill passed by the Dewan Rakyat Under Article 68 of the Federal Constitution, the power of the Dewan Negara is restricted to delaying the passage of the Bill – one month if it is a Money Bill and 12 months if it is a non- Money Bill

ANSWER If the Dewan Negara does not pass the Bill or persists to disagree with the Dewan Rakyat on its proposed amendments, the Bill will be presented for Royal Assent at the end of the specified period The only exception is a Bill amending the Federal Constitution Such a Bill is required by the constitution to decide by the requisite majority in each Dewan Such a Bill cannot be presented for the Royal Assent until it has been passed by both Dewan

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