Law assignment on: Law in Australia
Do you think the process of making law in Australia is too complex? Compare the process of making law in Australia with the process of making law in at least other country?
The process of making law in Australia has been referred to as a “Statute law”. The entire process takes place in the Parliament House located at Canberra (Australia). In the making of law in Australia both the houses of parliament are involved. Initially every law starts up as a bill. A bill refers to a document which states the proposal as well as the changes within the existing law. In Australia the bill gets converted into a law when it passes both the parliament houses approved by the Governor – General (Laws of Malaysia, 2006). The government of Australia has become has become increasingly nominal amongst the 20th century & there was little momentum for Australia to attain independence.
The bill may be introduced at any of the two parliament houses. The bill will be passed at any of the parliament houses & then fair assessment regarding the same will take place. There are two type of law in Australia Statuary law and common law, Statuary law is passed by state legislature, Common law is a large part of law of unwritten rules and principle (Laws of Malaysia, 2006). This essay will discuss the process of making law in Australia is not too complex compare to other country. The process of making law in Malaysia has been discussed in this essay (Laws of Malaysia, 2006).
The commonwealth constitution gives the Commonwealth Parliament of Australia the sole power to formulate laws relating to various areas. Telegraphic, Defense & immigration would be some of the subjects where in the Commonwealth Parliament of Australia have a full right to enact laws. Commonwealth Constitution has been referred to as a fundamental document which leads to empowerment of the political as well as legal systems (ERA Consumer Malaysia, 2008).
In case of Malaysia, the parliament has the sole power to make laws. The bills might be proposed to any of the house of parliament i.e. Dewan Rakyat & Dewan Nagara. All the bills which will be passed by the houses will have to follow certain rules. These rules will make the entire law making process a tedious & a complex process as compared to the law making process practiced in Australia. The bills which will be passed within any of the two parliament houses in Malaysia will take into four different stages. The four stages of passing the bill will be first reading, second reading, committee stage & third reading (h2g2, 2004).
The bill will be passed to both the parliament houses i.e. Dewan Rakyat & Dewan Negara. When the bill is passed to one of the houses, then it will be carried forward to the other house. Once the bill has been passed on to the two parliament houses then it will be presented to YDPA. Before the bill is passed, it must be seen that if it is amended by any of the parliament houses then the changes shall be agreed by the house of parliament who proposed the same. After both the houses agree to it, the bill will be passed to YDPA (Beyderwellen & Co, 2012). The YDPA would be required to assent the bill in another thirty days, as well as a Pubic seal will be attached to it. It shall be taken into consideration that, if the majesty of YDPA will not give its acceptance in another thirty days then the bill will become lawful automatically. The bill will then be published as a law in the government gazette with a lawful date attached to it. This refers to the entire law making process held in Malaysia (360 New Leaf Guide & Directory, 2008). The entire law making process is tedious & complex in all possible manners as compared to the law making process in Australia. In the making of law in Australia both the houses of parliament are involved. Initially every law starts up as a bill. A bill refers to a document which states the proposal as well as the changes within the existing law. The Australian has a parliament system which divided into two parts known as the upper house and the lower house. If the bill passed on the lower house there will be whole new amendments whereas, on the other hand if the bill is passed on to the upper house it will be sent for the “Royal Assent (360 New Leaf Guide & Directory, 2008) & is read twice. This makes the entire process of law making lesser complex as compared to that of Malaysia.
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