Federal VS State Authority

Federal laws enacted by the Parliament of Malaysia apply throughout the country. There are also state laws enacted by the State Legislative Assemblies which applies to the particular state. The constitution of Malaysia also provides for a unique dual justice system:

1.       secular laws (criminal and civil); and

2.       syariah laws.

Articles 73-79 of the Federal Constitution specifies the subject in which the federal and state government may legislate:

1.       Parliament has the exclusive power to make laws over matters falling under the Federal List, e.g. citizenship, defence, internal security, civil and criminal law, finance, trade, commerce and industry, education, labor, and tourism;

2.       State Legislative Assemblies have legislative power over matters under the State List, e.g. land, local government, Syariah law and Syariah courts, State holidays and State public works.

Parliament and state legislatures share the power to make laws over matters under the Concurrent List, e.g. water supplies and housing, but Article 75 provides that in the event of conflict, Federal law will prevail over State law.