Professional Documents
Culture Documents
SENIOR LECTURER
SCHOOL OF LAW
COLGIS
PARLIAMENTARY SOVEREIGNTY vs
CONSTITUTIONAL SUPREMACY
person or to territory.
The privilege is not dependent on whether the
words or action were within or outside the
premises of Parliament.
Situations which are not protected by law of
parliamentary privileges;
1. Casual conversation in parliament
2. Actions within the precincts of parliament if
they have no connection with parliamentary
proceedings
procedure
A.62(4) in regulating the procedure each
House may provide that decision shall be
made by a specified majority or by a
specified number of votes.
A.63(1) the validity of any proceedings in
parliament or any committee cannot be
questioned in any court.
appointment disqualification.
The Houses power does not apply if a person
is suffering from disqualification enumerated in
A48(1) convicted of an offence on court & has
been sentenced to imprisonment of not less
than one year or a fine not less than RM2,000.
A.53(2) the Houses power does not apply if
the person is disqualified under A.48(2) or a
federal law for committing offences in
connection with elections.
breach of privilege;
1. Threat to sue or prosecute an MP for his
parliamentary words
2. Insulting the house or its members by
publication of derogatory materials
3. Disrupting parliamentary proceedings
4. Tampering
with
witnesses
before
parliamentary committees
PROCEEDINGS IN
PARLIAMENT
Ordinary bills
3 types of bills;
Public bill matters of general public
interest (crime, taxation)
Private bill matters of private or local
concern (person, association, corporate
bodies or NGOs outside of parliament)
Hybrid bill matters of public interest which
also affect adversely the interest of some
private persons.
PROCEEDINGS IN
PARLIAMENT
Origin bills can originate in either Dewan. But
PROCEEDINGS IN
PARLIAMENT
3. Committee Stage amendment stage. A
Bill is committed either to a Committee of
the Whole House or to a Select
Committee on the Bill. A debate & vote
takes place.
4. Report Stage conclusion of committee
stage, the Bill is reported to the Dewan.
Further amendment may be proposed
recommitted to a Committee re-report
to Dewan.
5. Third Reading final debate on the
principles of the Bill. Voting takes place.
PROCEEDINGS IN
PARLIAMENT
C.
D.
E.
F.
PROCEEDINGS IN
PARLIAMENT
Emergency Acts under A.150
Parliament may make laws with respect to any matter if
PROCEEDINGS IN
PARLIAMENT
Emergency Ordinances under A.150
Pre-conditions the YDPA is authorised to
promulagate the ordinances if the following
conditions are met;
1. A proclamation of emergency by the YDPA
is legally in operation
2. The two Dewan are not sitting concurrently.
3. The YDPA must satisfied that certain
circumstances exist which render it
necessary for him to take immediate
legislative action.
PROCEEDINGS IN
PARLIAMENT
Procedure it is a piece of executive legislation that is
promulgated outside parliament. No legislative
procedures applicable. No debate or vote takes place
prior to its promulgation.
After its promulgation, an ordinance must be laid
down before both Dewan.
Once the ordinance is laid down, the Dewan may;
1. Pass an affirmative resolution to approve the
ordinance
2. Do nothing inaction will amount to implied
consent
3. May be annulled by resolution of both Dewan. If
annulled by resolution, may be re-issued.
PROCEEDINGS IN
PARLIAMENT
Scope & extent the ordinance has the same