LEGISLATIVE

• Amending the Federal Constitution Case

Dato Yap Peng

• Challenged the Criminal Procedure Code as unconstitutional. Supreme Court agreed, and Parliament amended the Constitution

No taxation without the authority of law

• Art 96

• If money were to be drawn by the consolidated fund, Parliament must pass the national budget.

Art 100

Parliamentary privilege in theory

• Art 63(4), (5)  

PM must be from Dewan Rakyat

• 42(2a)

Power is limited by the Constitution, they cannot make any law they please Case

Ah Thian v Govt of Malaysia

• Can be declared unconstitutional if:

• Provision is on a matter on which Parliament has no power to make laws:

  • Nik Alin Zurina: alleged that state enactments were unconstitutional. Selangor and Kelantan had no power to make the law and Parliament only had power to make law in that regard.

    • Mamat Bin Daud: In pit and substance, a criminal law came under Muslim law which was under state legislation.

• Inconsistent with the Constitution case

• Nik Nazmi: unconstitutionally restricted freedom of assembly. 

YDPA in Constitutional Proviison?

Art 66

YDPA’s Roles Consti Provision

• Role is to summon, prorogue and dissolve Parliament in accordance with the provisions of Art 55(1),(2) and (3).

Which Act was not assented to?

• National Security Council Act 2016 was not assented to.

Who is both State and Federal Member

• Lim Guan Eng

• if Senate does not approve in 1 month, it will go straight to the YDPA for assent. Senate may only delay and not make any changes in the Bill,

68(1)

DISQUALIFICATION: He became the president of the backbenchers club where Article 48 (4): entitled to continue to hold his seat until he exhausted all appeal processes.

Dr Sri Najib in SRC Case

DISQUALIFIED: revealed that he had Australian citizenship. He had repudiated his Australian citizenship and he claims he is entitled to stand. The government bench insisted that they should not have stood as they were disqualified at that time.

Ting Tiong Choon

Disqualified under _____, absent without leave for six months

Art 48