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ExplainthesourcesofMalaysianlegalsystem|LawTeacher
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ExplainthesourcesofMalaysianlegalsystem|LawTeacher
Explain the function and differentiate between legislation and delegated legislation.
28Legislation is laws enacted by Parliament at federal level and by the State Legislative Assemblies at the state
level.[29]These laws are subject to the Federal Constitutions.[30]Laws are legislated by Parliament at federal
level and various state assemblies at state level.[31]To fulfil the intention of the legislative body and ultimately
the people, Legislation need to carry out law reform, and create, alter or revoke law. The functions of legislation
are revision consolidation of enactments and codification.[32]The revision of substantive rules of the common
law may occur when the law has become stale or incapable of adaption, or when an unpopular decision is made
by the courts.[33]Revision can overcome the restrictive way the doctrine of precedent works, thereby creating
change.[34]Also, where a certain area of law has developed piecemeal, legislation may be passed to clarify and
simplify the status of the law.[35]Consolidation does not, however, alter the substance of law but merely its
form.[36]Codification is being almost same to consolidation, except that the latter only refers to statuses already
existing, whereas codification can make case law into statute.
37The function of delegated legislation is it enables the Government to change a law without having to wait for a
new Act of Parliament to be approved.[38]Delegated legislation can be used to make practical changes to the
law.[39]For an example, such as altering sanctions under a given statute.[40]Also, Parliament does have neither
the time nor the expertise to examine the regulation of every industry or aspect of the community as delegated
legislation can be amended or made without having a pass an Act through Parliament.[41]This legislation is
trying to regulate very complex matters such as employment, social security, tax liability and economic
management.
The similarities of Legislation and Delegated Legislation are these laws are subject to the Federal Constitutions and
these laws are not supreme. Both Legislation and Delegated Legislation are made by Parliament and they have
legislative effect.
However, there are a lot of differences in both Legislation and Delegated Legislation.[42]Firstly, for Legislation,
two-thirds of majority of the total number of members of the legislature is needed to modify the Constitution
meanwhile the delegated legislation can be amended easily and can be modified easily and it can be adapted to be
right for a particular situation and Government doesnt need to allows time to go by for Parliament to pass an
Act.[43]Secondly, Parliament has limited time and practical knowledge to make all kinds of law while Delegated
Legislation only fills in the gap left by the Parliament.[44]Delegated legislation gives permission to change the law
which is made by someone who has the correct or suitable expert knowledge.[45]To show the meaning more
clearly, a local authority can make law in following or obeying with what their locality needs instead of having the
same law which may not suitable for them.[46]A particular Local Authority can make a law to tailored need by
local and will have the information of what is best for the locality instead of Parliament. In some special case, an
emergency situation can be settled by Delegated Legislation without waiting for Parliament to approve an act to
deal with the problem of the special situation. Delegated legislation can be used to place over a situation that
Parliament had not expected at the time it enacted the piece of legislation, which cause it changeable and very
effective to law-making.[47]Delegated Legislation is more advantageous compared to Legislation.
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