Law 016
State and government relationship
Part1: distribution of legislative power
Article 74 of the federal constitution states that parliament may make law with respect to any matters enumerated in the federal listed in the concurrent list.
A state legislation may make law with respect to any matters enumerated in the state list & concurrent list
Ex: matters in federal list: external fair, defense, internal security
Ex: matter in state list: land agriculture, local government
Ex: matter in concurrent list: scholarship, protection wild animals
This means that each legislature only may make law accordance with their power
Additional Legislative Power of Borneo State
For Borneo state, there is a supplement to the state list and matter in the supplementary list are deemed by article 95B of Federal Constitution to form a part of state list
Ex: Native law & custom. Sabah railway
There is supplement to concurrent list and matters in the supplementary list are deemed part of the concurrent list
Ex: Agriculture, forestry research
This means that there is no supplement to the federal list.
2) Extend of the federal and state law
-Parliament may make any law for whole or any part of federation & law having effect outside and inside the federation
A state legislature may make law for the whole or any part of the state but not outside it.
Article 75 provide that if any state law is inconsistent with federal law, the federal law prevails and the state law should be void
Legislation Restricting use of river
Article 78 of the federal constitution provides that if federal government want to use river, it must seek the state permission. Only state legislative assembly agreed, the federal government can proceed to use the river
PART 2: Distribution of Executive Power
1. Article 80 of the federal constitution provides that the executive authority of the federation extends to all matter which parliament may make law
2. Executive authority of a state extends to all
Part1: distribution of legislative power
Article 74 of the federal constitution states that parliament may make law with respect to any matters enumerated in the federal listed in the concurrent list.
A state legislation may make law with respect to any matters enumerated in the state list & concurrent list
Ex: matters in federal list: external fair, defense, internal security
Ex: matter in state list: land agriculture, local government
Ex: matter in concurrent list: scholarship, protection wild animals
This means that each legislature only may make law accordance with their power
Additional Legislative Power of Borneo State
For Borneo state, there is a supplement to the state list and matter in the supplementary list are deemed by article 95B of Federal Constitution to form a part of state list
Ex: Native law & custom. Sabah railway
There is supplement to concurrent list and matters in the supplementary list are deemed part of the concurrent list
Ex: Agriculture, forestry research
This means that there is no supplement to the federal list.
2) Extend of the federal and state law
-Parliament may make any law for whole or any part of federation & law having effect outside and inside the federation
A state legislature may make law for the whole or any part of the state but not outside it.
Article 75 provide that if any state law is inconsistent with federal law, the federal law prevails and the state law should be void
Legislation Restricting use of river
Article 78 of the federal constitution provides that if federal government want to use river, it must seek the state permission. Only state legislative assembly agreed, the federal government can proceed to use the river
PART 2: Distribution of Executive Power
1. Article 80 of the federal constitution provides that the executive authority of the federation extends to all matter which parliament may make law
2. Executive authority of a state extends to all