scholarly journals Centralisation of Halal Matters Under the Federal Government in Malaysia: A Legal Perspective

ICR Journal ◽  
2019 ◽  
Vol 10 (2) ◽  
pp. 229-241
Author(s):  
Apnizan Abdullah ◽  
Mohamed Azam Mohamed Adil
Keyword(s):  
Federal Government ◽  
Regulatory Framework ◽  
State Governments ◽  
Industry Development ◽  
Federal Constitution ◽  
Legal Perspective ◽  
Development Corporation ◽  
The Law ◽  
Malaysian Government ◽  
Food Regulations

Generally, halal matters in Malaysia are governed by piece-meal legislation, inter alia, the Trade Descriptions Act (TDA) 2011 and its by-laws, the Food Act 1983, Food Regulations 1985, state-issued fatwas, and the rules and guidelines promulgated by relevant authorities, whether under the federal or state governments. Consequently, as prescribed by the law, halal matters are assigned to various different entities. For instance, the Ministry of Domestic Trades, Cooperatives and Consumerism (KPDNHEP) supervises halal trade practices. Both the Department of Islamic Development Malaysia (JAKIM) and Islamic Religious Councils (IRCs) of the states take charge of the halal certification portfolio. The Halal Industry Development Corporation (HDC) handles services related to the internationalisation of halal products, whereas the Department of Standards Malaysia (DOSM) issues and revises time-relevant halal standards. This situation, however, may lead to the overlapping of mandates and confusion among industry players as to whether halal matters fall under the federal or state governments as prescribed in List II of the Malaysian Federal Constitution. Since Malaysia is at the global forefront of promoting the halal agenda, the Malaysian government must call for the centralisation of its regulatory framework to provide better supervision and harmonise practices in the industry. Hence, this paper discusses and deliberates on the legal and regulatory outlook of the country for the purpose of centralising halal matters under the federal government of Malaysia.

Mexico tax complaints will fan state-federal tensions

2020 ◽  
Keyword(s):  
Federal Government ◽  
Small Proportion ◽  
Regional Inequality ◽  
The Political ◽  
State Governments ◽  
Content Type ◽  
Political Costs ◽  
The Law

Subject Tax tensions. Significance The governors of four states joined forces on April 17 to seek a new fiscal agreement with the federal government. They argue that the 1978 Fiscal Coordination Law (also known as the Fiscal Pact), which establishes a formula by which taxes are transferred to the federal government and redistributed among Mexico’s 32 states, is unfair and that they receive only a small proportion of the resources they contribute. They intend to produce proposals to amend the law this month. Impacts The complaining governors could become leading opposition figures against AMLO and his government. AMLO’s perceived COVID-19 failings will harm his popularity, potentially benefiting governors with presidential ambitions. All states need to increase taxes to curb regional inequality, but this will be resisted by many owing to the political costs of taxation. As long as the current Fiscal Pact remains unchanged, opacity and dependency will define dealings between federal and state governments.

scholarly journals Federalism Concepts and Issues in Managing the Malaysian Water Sector

2018 ◽  
Vol 7 (3.30) ◽  
pp. 163
Author(s):  
Rasyikah Md Khalid ◽  
. .
Keyword(s):  
Federal Government ◽  
The State ◽  
Federal State ◽  
Nation State ◽  
State Governments ◽  
Water Conflict ◽  
Water Sector ◽  
Federal Constitution ◽  
Cooperative Federalism ◽  
Different Levels

Federalism refers to an agreement between several states which agree to be united as a nation state but with shared administrative responsibility. Under the dual federalism theory, the federal and the state governments are co-equals with specific powers granted by the constitution. In contrast, cooperative federalism denotes that although the federal government is supreme over the states, both acts cooperatively to solve common problem. Malaysia practices dual federalism as legislative powers of the federal and state governments are separated in the Federal Constitution. Rather than fostering cooperation, dual federalism in Malaysia has created tension between different levels of governments in the water sector as highlighted in the Selangor water woes. This paper evaluates issues arising in the Malaysian water sector from the federalism perspectives. Towards this end, doctrinal analysis on relevant laws and commentaries are made to appreciate the meaning of federalism and different approaches towards federalism. The paper concludes that different approaches towards federal-state relation can assist in improving the water sector and solve water conflict between different levels of governments in Malaysia.   

Political Theories of the Cupreme Court from 1789–1835

1908 ◽  
Vol 2 (2) ◽  
pp. 221-244
Author(s):  
Charles G. Haines
Keyword(s):  
Supreme Court ◽  
Federal Government ◽  
National Government ◽  
Federal Constitution ◽  
Political Theories ◽  
The Supreme Court ◽  
Judicial Authority ◽  
The Law

Prior to the time of the organization of the national government under the Constitution of 1787 the province of a court was very definitely determined. In accordance with the principles of ancient custom, a court was a tribunal established by law with the power to hear controversies between persons and to administer relief or punishment. It was the business of a court to interpret, pronounce and execute the law, to decide controversies and enforce rights. In the words of Lord Coke, “ a court is a place where justice is judicially ministered.”Such was the traditional position of a court when the Federal Constitution went into operation in 1789. A supreme court was provided for, to be organized by congress, in whose hands was placed the authority to create such inferior courts as might be necessary to carry out the judicial duties allotted to the federal government. The supreme court which was established by one of the first acts of the congress which met in 1789 very soon recognized and affirmed the limited and definite field for the exercise of judicial authority.

scholarly journals Industrial legislation in Australia, 2020

2021 ◽  
pp. 002218562110082
Author(s):  
Eugene Schofield-Georgeson
Keyword(s):  
Social Welfare ◽  
Labour Market ◽  
Federal Government ◽  
Construction Industry ◽  
Workers Compensation ◽  
State Governments ◽  
The Past ◽  
Wage Theft ◽  
Economic Stimulus ◽  
Liberal Government

In 2020, the Federal Morrison Liberal Government scrambled to respond to the effects of the international coronavirus pandemic on the Australian labour market in two key ways. First, through largescale social welfare and economic stimulus (the ‘JobKeeper’ scheme) and second, through significant proposed reform to employment laws as part of a pandemic recovery package (the ‘Omnibus Bill’). Where the first measure was administered by employers, the second was largely designed to suspend and/or redefine labour protections in the interests of employers. In this respect, the message from the Federal Government was clear: that the costs of pandemic recovery should be borne by workers at the discretion of employers. State Labor Governments, by contrast, enacted a range of industrial protections. These included the first Australia ‘wage theft’ or underpayment frameworks on behalf of both employees and contractors in the construction industry. On-trend with state industrial legislation over the past 4 years, these state governments continued to introduce industrial manslaughter offences, increased access to workers’ compensation, labour hire licensing schemes and portable long service leave.

The Significance of Unaccounted Currencies

1981 ◽  
Vol 41 (4) ◽  
pp. 853-866 ◽  
Author(s):  
Richard H. Timberlake
Keyword(s):  
Nineteenth Century ◽  
Federal Government ◽  
State Governments ◽  
Private Business ◽  
Exact Quantification ◽  
Bank Notes

This paper uses numismatic sources to estimate the volume of unaccounted currency issued during the middle two quarters of the nineteenth century. “Unaccounted currency” includes any currency issued by private business firms and by municipal and state governments. This money, unlike state bank notes and deposits and federal government currencies, was issued illegally, and not recorded in conventional statistical sources. Exact quantification, therefore, is next to impossible. The principal significance of this phenomenon is the credibility it gives to private competitive issues of money.

Neoliberal reformers: Economics as class warfare

2018 ◽  
Vol 29 (2) ◽  
pp. 250-262
Author(s):  
Braham Dabscheck
Keyword(s):  
Federal Government ◽  
Nobel Prize ◽  
Business Groups ◽  
Review Article ◽  
The State ◽  
Think Tanks ◽  
State Governments ◽  
American Democracy ◽  
Jel Codes ◽  
Federal Level

This review article discusses MacLean’s study of the ideas of a group of economists and their embracing by an oligarchy of business groups to implement a Neoliberal agenda and its implications for American democracy. It mainly focuses on the Nobel Prize winning economist James McGill Buchanan and the industrialist Charles Koch. Business groups provided funds to Buchanan and others to train right-minded people in the precepts of Neoliberalism, established think tanks and institutes to disseminate their views, and ‘directed’ and/or provided advice and draft legislation for Republican politicians at both the state and federal level. Inspiration for how to achieve this Neoliberal ‘revolution’ can be found in Lenin’s 1902 What is to be Done?. The Neoliberal attack on government and statism is consistent with Orwell’s notion of doublethink. It constitutes a weakening of those parts of the state which are inimical to the interests of a wealthy oligarchy, the federal government and agencies/government departments who are viewed as imposing costs (taxes) on and interfering with (regulating) the actions of the oligarchy, and strengthening other parts such as state governments, the judiciary, at both the state (especially) and federal level and police forces to protect and advance their interests. JEL codes: B10, B22

Comment

1980 ◽  
Vol 2 (2-3) ◽  
pp. 108-109
Author(s):  
Mark Kesselman
Keyword(s):  
United States ◽  
Local Government ◽  
Federal Government ◽  
The United States ◽  
State Governments ◽  
Local Autonomy ◽  
Fundamental Change ◽  
Local Expenditures

Acentral ingredient of democracy in the United States, according to Tocqueville, was local autonomy – yet the data presented by Professor Austin suggests a fundamental change in the United States since Tocquevilles time. Most local expenditures are now provided by the federal and state governments, most “local” programs are not local at all, for many (if not most) purposes the local government has become an extension of the federal government, and it is often replaced altogether by federally created field agencies (what the French call deconcentrated administration).

PENAHANAN PELAKU TINDAK PIDANA DI BAWAH UMUR OLEH PENYIDIK DIKAITKAN DENGAN UNDANG-UNDANG NOMOR 3 TAHUN 1997 TENTANG PENGADILAN ANAK

2016 ◽  
Vol 2 (2) ◽  
pp. 157-170
Author(s):  
Adi Sujarwo ◽  
Endeh Suhartini ◽  
Ju Naidi
Keyword(s):  
Juvenile Justice ◽  
Criminal Law ◽  
Legal Protection ◽  
Criminal Code ◽  
Actual Problem ◽  
Legal Perspective ◽  
Close Relationship ◽  
The Law ◽  
Police Detention ◽  
Almost All

Delinquency problem is the actual problem, in almost all the countries in the world, including Indonesia . Attention to this issue has a lot of thought poured out, either in the form of discussions and seminars which have been held by organizations or government agencies that close relationship with this problem. In a legal perspective, the problem of theft is a criminal act (delict) plaguing the society , in Article 362 Code of Criminal Law of the theft said, " Whoever took the goods wholly or partially belongs to another person , with intent to have unlawful , punishable due to theft, with a maximum imprisonment of 5 ( five ) years or a fine of nine hundred dollars. However, the rules of Article 362 Book of the Law of Criminal Law of the theft and criminal application against minors regulated in Article 26 paragraph (1), 27 and 28, paragraph (1) of Act No. 3 of 1997 on Juvenile Justice , stipulates that the maximum legal threats meted out to convicted child is ½ of the maximum threat of criminal provisions will apply. This study uses a normative approach , in that the data from the literature and from the field as input and information in order to obtain an answer. The results of this research that the detention of offenders under the age of 3 was associated with the Law No. 1997 on the Juvenile Justice conducted an investigation into juvenile delinquents by the investigator children who have an interest, attention, dedication and understanding the problem child. Legal protection of the child as a criminal in the process of investigation has not been in accordance with Law No. 3 of 1997 on Juvenile Justice. Police to interrogate suspected child should distinguish processes and work systems of the investigation and adult actors. Status of child offenders under the custody process by investigators in Bogor City Police Detention by the investigator or prosecutor young child or children with the determination of the judge, in a case and in the manner provided for in the law No.11 of 2012 and the Criminal Procedure Code, determine that the suspect or the accused may be detained. Because there is the term "may" be detained, the detention of children is not always meant to do, so in this case the investigator expected to strongly consider if the detention of children. According to Article 21 paragraph (1) Criminal Code

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