The Emergency is expiring and Emergency Ordinances will cease to have force of law — Hafiz Hassan | Malay Mail

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The Emergency is expiring and Emergency Ordinances will cease to have force of law — Hafiz Hassan

JUNE 29 — The state of Emergency expires on August 1. That’s only 32 days away.

Takiyuddin added that the notice to convene Parliament will be made after the Emergency expires on August 1 and there will be 28-day notice before the sitting convenes. This perhaps explains why the government is targeting the end of August or early September for Parliament to sit. All of the above are promulgated pursuant to Clause of Article 150 of the Federal Constitution to combat the Covid-19 pandemic. Article 150 requires the “Proclamation of Emergency and any ordinance promulgated under Clause ” to be laid before both Houses of Parliament. [1979], the applicant had been detained under the Emergency Ordinance, 1969.

On appeal, the Federal Court allowed additional evidence by affidavit, which showed that the said Ordinance had been laid before the Houses of Parliament and therefore had the force of law. Lord President Suffian, who delivered the judgment of the Court, said: As matter of fact, the Federal Court’s finding of facts that the Ordinance “has been properly laid before both Houses as is required by the Constitution” and therefore had the force of law reinforces Justice Harun’s decision — that is, it is mandatory for any ordinance promulgated under Article 150 to be laid before both Houses of Parliament. The effect of non-compliance is that the Emergency Ordinance will cease to have the force of law after Parliament has sat.

 

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Legal experts: Parliament should debate ordinances before emergency expiresPARLIAMENT | 'Parliament has constitutional functions even during an emergency and I think we must allow Parliament to perform those functions,' says constitutional law expert Shad Saleem Faruqi. u dont think sir, because the ministers dont think. they are brainless power freak maniac running loose with power in their hands. So how? YDPA can instruct for the Parliament to convene or PM's advice is required. One side say ok, the other side say no. Apa macam? Agree, the darurat & the expenses during darirat to be discuss!!
Source: malaysiakini - 🏆 20. / 51 Read more »