What legal barriers prevent Pahang PAS from banning gambling?

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Legal Barriers to Pahang PAS's Gambling Ban

Pahang PAS has indicated a willingness to ban gambling premises if they gain control of the state government in the upcoming 16th general election. However, the party acknowledges that existing legal frameworks and jurisdictional complexities may present significant barriers to implementing such a ban. Specifically, the authority to regulate or prohibit gambling may not rest solely with the state government, potentially involving federal jurisdiction that could limit their scope of action, particularly concerning establishments like the Genting Highlands casino.
Jurisdictional Authority Over Gambling

The ability of the Pahang state government to enact a ban on gambling is contingent upon the precise division of powers between state and federal authorities in Malaysia concerning this matter. While state governments have certain legislative powers, the regulation of activities like gambling often falls under areas where federal jurisdiction is paramount. This potential overlap or overriding federal authority could mean that state-level decisions to ban gambling might be legally challenged or rendered ineffective if they conflict with federal laws or constitutional provisions.
Constitutional and Legal Processes

Pahang PAS has stated that any measures to ban gambling must be pursued in accordance with existing legal and constitutional processes. This implies that even if the party were to gain political power in Pahang, they would need to navigate the established legal pathways, which may be intricate and time-consuming. The party's deputy commissioner, Datuk Andansura Rabu, noted that actions would be taken "within any aspect that falls under our jurisdiction," suggesting a recognition that their authority may be limited.
Federal Jurisdiction and Specific Establishments

The presence of federal jurisdiction is explicitly mentioned as a potential impediment, especially concerning large-scale operations like the casino in Genting Highlands. The statement suggests that the authority to regulate or ban such establishments might not lie exclusively with the state government. This indicates that federal laws or policies governing gaming and entertainment might take precedence, thereby limiting the Pahang PAS's capacity to unilaterally enforce a ban on these particular venues, regardless of state-level political control.

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What legal barriers prevent Pahang PAS from banning gambling?

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