This document discusses the rule of law principle and its application in Malaysia based on several cases. It provides definitions and explanations of the rule of law from Dicey and Lord Bingham. Several cases are summarized that upheld the rule of law, including Public Prosecutor v Mohamed Ismail regarding retrospective criminal laws, Ah Thian v Government of Malaysia on equality before the law, and Chai Choon Hon v Ketua Polis Daerah, Kampar on freedom of speech. The document concludes that while fundamental liberties in Malaysia are limited by some security laws, the country still generally respects the rule of law.
In the recent market, there is a growth in the project management aspects. Many of the company are handling the project on the basis of the tools and the techniques of the project management. Project management is the process through which the company is able to plan the task or the activity involved in a project and can manage the resources required for every task. The time taken by every task or activity is the biggest issue that is managed by the company administration for future benefits. Due to the implementation of the project management concept, the company is able to deliver the product at the right time to the customers. The management of the resources is done in such a way that the company is able to utilize the available resources efficiently and effectively. Every task in the process of production is interconnected to each other. The delay of one activity can hamper the whole process of production. It is the major aim of the project management to provide the special quality of the product to the market at a reasonable price and at correct time. Due to the project management, it becomes easy for the management to prepare the budget of the project before the processing it.
ASSIGNMENT: Business Law (example of answer)Rofidah Azman
I got quite good mark for this assignment. I'd like to share with other fellow students the example of answers for the questions. There are of course rooms for improvement. Good luck!
In the recent market, there is a growth in the project management aspects. Many of the company are handling the project on the basis of the tools and the techniques of the project management. Project management is the process through which the company is able to plan the task or the activity involved in a project and can manage the resources required for every task. The time taken by every task or activity is the biggest issue that is managed by the company administration for future benefits. Due to the implementation of the project management concept, the company is able to deliver the product at the right time to the customers. The management of the resources is done in such a way that the company is able to utilize the available resources efficiently and effectively. Every task in the process of production is interconnected to each other. The delay of one activity can hamper the whole process of production. It is the major aim of the project management to provide the special quality of the product to the market at a reasonable price and at correct time. Due to the project management, it becomes easy for the management to prepare the budget of the project before the processing it.
ASSIGNMENT: Business Law (example of answer)Rofidah Azman
I got quite good mark for this assignment. I'd like to share with other fellow students the example of answers for the questions. There are of course rooms for improvement. Good luck!
Classification of law - Legal Environment of business - Business Law - Manu M...manumelwin
Public Law is concerned with the legal relation between the state and the individuals. All laws relating to the distribution and exercise of power by the state are the part of public law.
Admistratuve.pptx very good very nice yelynbylin98
of India, the precursor of the new Indian renaissance, became effective on January 26,
1950.54Before the advent of the Constitution, India was governed under the Government of India Act, 1935,
which became effective in 1937. India was then a part of the British Empire; sovereignty of the British Crown
prevailed over the country and it was in the exercise of this sovereignty that the British Parliament had
enacted the Act of 1935.
Only two major features of the Act need be mentioned here. First, the Act conferred only a very limited right
of self-government on the Indians. The executive authority in a Province was vested
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
Military Commissions details LtCol Thomas Jasper as Detailed Defense Counsel
Introduction to law assignment
1.
2. Group Member : Calvin Chin Wei Long 0326086
Chiam Jia Ern 0318524
Hii Pai Ling 0320598
Jenny Hoo Yee Tyng 0321841
Liew Chia Niu 0313338
3.
4. ‘Men are ruled by law and not by men’
Is the legal principle that law should govern a nation, and
not arbitrary decisions by individual government officials
Can be direct translated to rule according to law
Requires the government to exercise its powers in
accordance with established and clearly written rules,
regulations and legal principles.
Shall be define as the balance of governmental power with
the protection of human rights
5. ‘Thin’ Conception ‘Thick’ Conception
By Albert Venn Dicey
1. Supremacy of law
2. Equality before the law
3. Predominance of legal spirit
By Lord Bingham of Cornhill
1. The law must be accessible,
intelligible, clear and
predictable.
6. The application of the Rule of Law under the
Federal Constitution
Constitution is a rule of law, however not all
constitution follows the theory of rule of law.
7. Supreme Law of Federation
The Federal Constitution establishes itself as the
supreme law of the Federation.
Lord Bingham stated law must be intelligible,
clear and predictable.
8. Slavery and forced labour prohibited
No person shall be held and forced in slavery
.
Based on the Dicey’ rule second law, there
has the equality before law for every class of
citizens.
9. • Everyone has the right to choose own religion
and practice it .
• Based on the Dicey’ rule third law, the results
of judicial decisions are better protectors of
the rights of private persons.
11. In this case, Mr Mohamed Ismail was been charged for an offence of
trafficking in a dangerous drug which is contravention in the Dangerous
Drug Acts 1952. Before amendment, he was be provided for imprisonment
for life or mandatory death sentence.
On the day when the accuse was found guilty, the word of “Imprisonment
for life” were removed from the Act, thus providing only for the mandatory
death sentence.
Therefore, he appealed and the issues was taken to the court.
Lastly, the appealed was approved.
This decision can be said with the provision of Article 7(1) of federal
constitution:
No one shall be punished for an act or omission which was not
punished by law when it was done or made, and no person shall suffer
greater punishment for an offence than was prescribed by law at the time it
was committed.
14. Applicant had been charged with committing armed
gang robbery.
Under section 392 and section 397 of the Penal Code.
An offence punishable under section 5 of
the Firearms (Increased Penalties) Act, 1971 as
amended.
15. Penal Code
(i) Section 392: Whoever commits robbery shall be punished with
imprisonment for a term which may extend to 30 years,and shall also
be punished with whipping with not less than 12 strokes.
(ii) Section 397: If, at the time of committing gang-robbery, the offender
uses any deadly weapon, or causes grievous hurt to any person, the
imprisonment with which such offender shall be punished shall not be
less than 7 years and with whipping with not less than 12 strokes.
Firearms (Increased Penalties) Act, 1971
(i) Section 5: Any person who at the time of his committing or abetting the
commission of a scheduled offence has on his person a firearm shall be
punished with imprisonment for life and with whipping with not less than
6 strokes.
16. It was argued that the Firearms (Increased Penalties)
(Amendment) Act, 1974 was ultra vires the Federal
Constitution.
Contravened Article 8(1) of the Constitution
Article 8(1): All the person are equal before the law and
entitled to the equal protection of the law.
Therefore void.
17. On March 30, 1976, at the close of the case
for the prosecution, counsel for the applicant
applied for an adjournment to enable him to
obtain the leave of a judge of the Federal
Court to start proceedings for a declaration
that the Act is void.
The application was granted.
19. In this case, Chai Choon Hon applied on August 3rd 1984
for a license to hold a DAP solidarity dinner and lion
dance in public space.
His application was accepted, but stamped with seven
restrictions.
20. Two of seven restriction, he found to be highly
problematic.
There are :
i)The speakers can’t touch on political issues.
ii)There only can have 7 speakers.
He appealed and the issue was taken to Supreme
Court.
Lastly, Chai Choon Hon’s appeal was allowed.
This decision could be said to be in line with the
provisions of Art. 10 (1)(a) of federal
constitution : every citizen has the right to
freedom of speech and expansion.
21.
22. 1. Public Prosecutor v Mohamed Ismail
Article 7 (1) protection against retrospective criminal laws and
repeated trials.
Based on Dicey's rule, no one is above the law, the society must
be governed by law and all must be equally subject to the law.
The government must also give respect to the law.
This case is definitely upholding the rule of law.
2. Ah Thian v Government of Malaysia
Article 8 (1) equality.
According to Dicey’s rule, the constitutional rights of
Englishmen are secured first and foremost by the common law,
not by written constitution.
The judicial decisions in this case determine by using particular
cases brought before the courts.
23. 3. Chai Choon Hoon v Ketua Polis Daerah, Kampar and
Government of Malaysia
Article 10 (1) (a) every citizen has the right to freedom of
speech and expression.
AV Dicey’s said that all public or government officials are
accountable to the law.
They do not have any special powers, privileges, protection, or
exemption from the law.
The appeal is approved under rule of law
24. The rule of law is an essential element to uphold the rights
and liberties for the people to ensure justice.
But the fundamental liberties in PART II are limited by
federal law, such as Sedition Act 1948, The Security Offences
(Special Measures) Act 2012, and The Peaceful Assembly Act
2012.
This shows that Malaysia does not totally disregard the rule
of law but even respect the rule of law.