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Definition
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Term
| Cut of date of of S3 Of CLA of West Malaysia |
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Definition
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Definition
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| S3 cut of date of CLA in Sabah |
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Definition
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| S3 cut of date of CLA in Sarawak |
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Definition
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Term
| What is the Proviso of S3 |
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Definition
| Common Law, Rules of Equity and Stats of General shall be applied onl si much as the local circumstances allow |
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| What are the three views on S3 |
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Definition
- State of General App be made applicable
- Only common law and rules of Equity
- Court View
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Term
| What are the reasons of application of General Stats of App? |
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Definition
- App of Eng Law must be in totality
- Common law broad enough to encompass written law
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| Reasons of app of only Rules of Equity and common law? |
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Definition
- Literal interpratation of proviso of S3
- Enforce intention of legislature
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| In terms of EL app, what is the difference between West Malaysia and SS? |
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Definition
| INaddition to Common law and Rules of Equity in SS Stat of General App also app. |
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| What are the factors of applicability of EL? |
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Definition
| Courts will adopt EL as admin in their effective date and any developments are non-binding |
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Term
| What are the guide lines to follow in App of EL> |
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Definition
- Is there a written law in force in Malaysia?
- What is the App EL in Area along with the cut off date
- Do the local circumstances permit?
- If court rejects it, then court can formulate law. In so doing they may look at any source of law.
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Term
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Definition
a) Parliament enact laws for the whole federation
b) Legislature of a state may make laws the that state |
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Definition
| The legislative body of the federation shall be YDPA, Dewan Nagara and Dewan Rakyat |
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Term
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Definition
| Definition of what law is 'Law is written law' |
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Definition
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| Preparliamentary procedure |
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Definition
- Drafting of bill
- If proposed by goverment bill drafted by drafting division
- Bill taken to parliament to fix date for intro
- Clark of house will fix date for first reading
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Term
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Definition
- 1st reading minister will read out short title and circulated
- Purpose to give notice about debate of bill
- Bill Gazetted
- 2nd reading: bill discussed
- Voting for or against bill
- Comittee stage
- Bill discussed informally
- 3rd reading: 2nd voting
- Bill sent to senate where process reoccurs
- Senate no power to reject bill
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Term
| Post Parliamentary procedure |
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Definition
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Term
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Definition
| When bill becomes law: when assented to YPDA, no law untill gazetted. |
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Term
| S 18 of Interpretations Act |
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Definition
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| Article of postponement or retrospection of laws |
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Definition
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Term
| How does parliament control subsidary legislation? |
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Definition
- Laying procedure
- Parliamentary Scrutiny comitee
- Ultra Vires
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Term
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Definition
| SL failure to comple with procedures laid down in parent act |
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