Introduction
In the Malaysian legal system, the Federal Parliament is constitutionally established as the primary legislative authority of the Federation. Comprising the Dewan Rakyat (House of Representatives) and Dewan Negara (Senate), its main function is to make laws for the nation. However, the notion that Parliament is the sole law-making body in Malaysia is an oversimplification. The Federal Constitution of Malaysia creates a system where legislative power is distributed. This essay will demonstrate that, apart from Parliament, State Legislative Assemblies possess significant law-making powers within their jurisdictions, and various executive and administrative bodies are also empowered to create laws through the mechanism of delegated legislation.
State Legislative Assemblies
Malaysia's federal structure is a core feature of its constitutional framework, dividing governmental powers between the federal government and thirteen state governments. This division extends to legislative authority. The Federal Constitution, in Article 74, read together with the Ninth Schedule, explicitly allocates law-making powers. This schedule is divided into three lists: the Federal List (List I), the State List (List II), and the Concurrent List (List III).
State Legislative Assemblies (Dewan Undangan Negeri) have the exclusive power to enact laws on matters enumerated in the State List for their respective states. These matters are generally of a local character and include subjects such as land, agriculture, forestry, local government, and, significantly, Islamic law and personal and family law for Muslims (Federal Constitution, Ninth Schedule, List II). Laws made by a State Assembly are known as Enactments (or Ordinances in Sarawak). This constitutional arrangement means that on these specific subjects, the State Assemblies operate as the primary legislative bodies, independent of the Federal Parliament. While federal law prevails in any case of inconsistency (Federal Constitution, Article 75), the states retain a constitutionally protected sphere of legislative autonomy.
Delegated Legislation
Another significant source of law-making power outside of Parliament is delegated legislation, also known as subsidiary legislation. Parliament frequently passes laws, known as parent or enabling Acts, which provide a broad legal framework but delegate the authority to create detailed rules and regulations to other bodies. This is a practical necessity, as Parliament has neither the time nor the specialised technical expertise to legislate on every administrative detail required for a modern state to function effectively (Wan Arpah, 2002).
The bodies that can be granted these powers include the Yang di-Pertuan Agong, government Ministers, local authorities (such as municipal and district councils), and various professional and statutory bodies. The laws they create take various forms, such as regulations, rules, orders, and by-laws. For example, the Minister of Health may be empowered by the Food Act 1983 to create detailed Food Regulations governing food safety and hygiene standards.
However, this power is not unlimited. A fundamental principle of administrative law is that delegated legislation must remain within the scope of the power conferred by the parent Act. If a body creates a rule that goes beyond the powers it was given, the rule can be challenged in court and declared ultra vires (beyond the powers) and therefore void. This judicial control ensures that delegated law-making remains subordinate to the will of Parliament. The case of Palm Oil Research and Development Board Malaysia v Premium Vegetable Oils Sdn Bhd [2005] 3 MLJ 97 illustrates that the courts will invalidate subsidiary legislation that is inconsistent with the provisions of its parent Act.
Conclusion
In conclusion, while the Federal Parliament is the supreme legislative body in Malaysia, it is not the only institution with the authority to enact laws. The Federal Constitution establishes a dual legislative system where State Legislative Assemblies hold autonomous power to legislate on matters within the State List. Furthermore, a vast body of law is created through delegated legislation by the executive and other administrative agencies, under powers granted by Parliament. These subsidiary laws are essential for the detailed administration of the country, although they remain subject to control by both Parliament and the courts. Therefore, Malaysia's legal landscape is shaped by a complex interaction of laws originating not just from Parliament, but also from state bodies and a wide range of delegated authorities.
References
- Federal Constitution of Malaysia.
- Palm Oil Research and Development Board Malaysia v Premium Vegetable Oils Sdn Bhd [2005] 3 MLJ 97.
- Wan Arpah, W. A. (2002) An Introduction to the Malaysian Legal System. Penerbit Fajar Bakti.
