Effect of Federal Constitutional Framework to Marine Environmental Law, Policy and Administration in Malaysia
One of the main obstacles in having effective legislations and in establishing efficient administrative mechanism to implement and enforce marine environmental laws and policies in Malaysia is due to the federal system of government which divides legislative and executive/administrative power bet...
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| Format: | Article |
| Language: | English |
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INSI Publications
2012
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| Online Access: | http://irep.iium.edu.my/28581/ http://irep.iium.edu.my/28581/1/130-136.pdf |
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iium-28581 |
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eprints |
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iium-285812014-12-03T15:46:53Z http://irep.iium.edu.my/28581/ Effect of Federal Constitutional Framework to Marine Environmental Law, Policy and Administration in Malaysia Mokhtar, Khairil Azmin Mustafa, Maizatun K Law (General) One of the main obstacles in having effective legislations and in establishing efficient administrative mechanism to implement and enforce marine environmental laws and policies in Malaysia is due to the federal system of government which divides legislative and executive/administrative power between two levels of government, namely the federal government and the state governments. Environment becomes a contentious subject matter and issue in Malaysia because the division of power in the constitution neither put environment in federal exclusive sphere nor state exclusive sphere. The court’s decision to define environment ‘according to context’ means the subject matters that may constitute environment may come within state government’s jurisdiction, federal government’s jurisdiction or concurrent power of both governments. As a result there is uncertainty of jurisdiction on duties and responsibilities over environmental matter. The complexity regarding jurisdiction over environmental matters is compounded by the fact that the two East Malaysian states have extra power compared to the rest of the states, which makes the determination of environmental matters relating to the two states to a certain extent different compared to other states. INSI Publications 2012 Article PeerReviewed application/pdf en http://irep.iium.edu.my/28581/1/130-136.pdf Mokhtar, Khairil Azmin and Mustafa, Maizatun (2012) Effect of Federal Constitutional Framework to Marine Environmental Law, Policy and Administration in Malaysia. Australian Journal of Basic and Applied Sciences, 6 (11). pp. 130-136. ISSN 1991-8178 |
| repository_type |
Digital Repository |
| institution_category |
Local University |
| institution |
International Islamic University Malaysia |
| building |
IIUM Repository |
| collection |
Online Access |
| language |
English |
| topic |
K Law (General) |
| spellingShingle |
K Law (General) Mokhtar, Khairil Azmin Mustafa, Maizatun Effect of Federal Constitutional Framework to Marine Environmental Law, Policy and Administration in Malaysia |
| description |
One of the main obstacles in having effective legislations and in establishing efficient
administrative mechanism to implement and enforce marine environmental laws and policies in
Malaysia is due to the federal system of government which divides legislative and
executive/administrative power between two levels of government, namely the federal government and
the state governments. Environment becomes a contentious subject matter and issue in Malaysia
because the division of power in the constitution neither put environment in federal exclusive sphere
nor state exclusive sphere. The court’s decision to define environment ‘according to context’ means
the subject matters that may constitute environment may come within state government’s jurisdiction, federal government’s jurisdiction or concurrent power of both governments. As a result there is uncertainty of jurisdiction on duties and responsibilities over environmental matter. The complexity regarding jurisdiction over environmental matters is compounded by the fact that the two East Malaysian states have extra power compared to the rest of the states, which makes the determination of
environmental matters relating to the two states to a certain extent different compared to other states. |
| format |
Article |
| author |
Mokhtar, Khairil Azmin Mustafa, Maizatun |
| author_facet |
Mokhtar, Khairil Azmin Mustafa, Maizatun |
| author_sort |
Mokhtar, Khairil Azmin |
| title |
Effect of Federal Constitutional Framework to Marine Environmental Law, Policy and Administration in Malaysia |
| title_short |
Effect of Federal Constitutional Framework to Marine Environmental Law, Policy and Administration in Malaysia |
| title_full |
Effect of Federal Constitutional Framework to Marine Environmental Law, Policy and Administration in Malaysia |
| title_fullStr |
Effect of Federal Constitutional Framework to Marine Environmental Law, Policy and Administration in Malaysia |
| title_full_unstemmed |
Effect of Federal Constitutional Framework to Marine Environmental Law, Policy and Administration in Malaysia |
| title_sort |
effect of federal constitutional framework to marine environmental law, policy and administration in malaysia |
| publisher |
INSI Publications |
| publishDate |
2012 |
| url |
http://irep.iium.edu.my/28581/ http://irep.iium.edu.my/28581/1/130-136.pdf |
| first_indexed |
2023-09-18T20:42:07Z |
| last_indexed |
2023-09-18T20:42:07Z |
| _version_ |
1777409434315653120 |