Can Parliament declare law or only enact statutes?

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Parliament's Power is Limited to Enacting Laws, Not Declaring Them

Parliament's authority is constitutionally confined to the enactment of laws, not the declaration of law, according to arguments presented before the Federal Court. This distinction is central to a legal challenge concerning Section 37A of the Dangerous Drugs Act 1952 (DDA). The core of the argument posits that while Article 74(1) of the Federal Constitution empowers Parliament to legislate, the power to declare law rests exclusively with the judiciary.
Encroachment into Judicial Power

The argument presented asserts that Parliament overstepped its legislative mandate by enacting Section 37A of the DDA in 2004. This legislative action is seen as an encroachment into the judicial sphere, aiming to effectively overrule a prior Federal Court decision. Specifically, the 1998 case of Muhammed bin Hassan v Public Prosecutor had previously determined that the application of a "double presumption" in drug trafficking cases was excessively harsh and oppressive.
Constitutional Challenge to Section 37A

Section 37A of the DDA, as enacted, permits courts to utilise presumptions of drug possession and trafficking to secure convictions. This provision is being challenged as unconstitutional on the grounds that it violates Article 5 of the Federal Constitution, which guarantees the fundamental right to life and personal liberty. The case involves appeals from individuals convicted under circumstances where this double presumption was invoked by the prosecution.
Defence of Legislative Validity

Conversely, the prosecution argued that Section 37A of the DDA constitutes a valid law. It was contended that Parliament acted within its constitutional authority under Article 74 of the Federal Constitution when enacting this provision. Furthermore, it was asserted that Section 37A is in compliance with the constitutional guarantees outlined in both Article 5 and Article 8 of the Federal Constitution. The Chief Justice, Tan Sri Richard Malanjum, subsequently reserved the court's judgment on these matters.

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Can Parliament declare law or only enact statutes?

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