The Book of Prof Shad.docx

In addition the executive is authorised to take

Info icon This preview shows pages 97–100. Sign up to view the full content.

View Full Document Right Arrow Icon
In addition, the executive is authorised to take executive measures to overcome the emergency. Nature of Power Laws to combat subversion may be enacted under Article 149(1). No executive power is conferred by the Constitution but legislation under Article 149 may grant executive power. Legislative power is granted under Articles 150(5) and 150(2B). Executive power is conferred under Article 150(4) 97
Image of page 97

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Who exercises the power? Laws may be enacted by Parliament and the delegates of Parliament. Yang di-Pertuan Agong is not given law making power. Parliament may enact laws under Article 150(5). The King may promulgate ordinances under 150(2B) if (i) a proclamation of emergency is in force and (ii) the two Houses are not in session concurrently Delegates of either, may also enact laws subject to the Teh Cheng Poh ruling. Pre-conditions for making law Recital under 149(1) is needed. Conditions under 149(a) to (f) must be met. There is no need for an emergency to exist. Emergency must be in operation under Article 150(1). Yang di-Pertuan Agong can make ordinance only if the two Houses are not in session concurrently: Article 150(2B). If Parliament makes the law, the emergency Act must contain a recital under Article 150(5). Extent of legislative power Laws to combat subversion are valid even if they violate rights in Articles 5, 9, 10, 13. An Article 149 law cannot violate freedom of religion (Re Jamaluddin Othman) or the provisions of Article 151 .. Legislation under Article 150 can violate any provision of the Constitution except items in Articles 150(6A) and 151. Duration No time limit to Article 149 laws. They do not end automatically. Once enacted, they may last for ever. They are independent of a state of emergency. The emergency Proclamation has no time limit. Emergency laws by the King and by Parliament are tied to the emergency proclamation. The laws can last during the emergency plus six months after the emergency ends: Article 150(7). How ended? Article 149 laws may be: An Emergency Proclamation 98
Image of page 98
repealed by Parliament. annulled by resolution of both Houses. an Article 149 law may provide for a time limit. may be revoked by the King or annulled by both Houses. An emergency Act of Parliament may be amended or repealed by a later Act. If not repealed it will lapse six months after end of emergency. An emergency Ordinance by the King may be amended or revoked by him. In addition, it may be annulled by both Houses. It will lapse six months after end of emergency. Judicial Review Judicial review will lie if an Article 149 law: violates any right outside of Articles 5, 9, 10 and 13. if the law under Article 149 does not contain the recital in Article 149(1). if the law under Article 149 is not related to conditions (a) to (f) in Article 149(1). Judicial review of a Proclamation is barred by Article 150(8)(a) and 150(8) (b).
Image of page 99

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Image of page 100
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern