Malaysian Judicial System PDF

 BODY OF LAW LEGISLATIVE EXECUTIVE JUDICIARY Yang Di-Pertuan Agong Yang Di-Pertuan Yang Di-Pertuan Agong Agong Federal Court Dewan Negara Prime Minister...

 BODY OF LAW LEGISLATIVE EXECUTIVE JUDICIARY Yang Di-Pertuan Agong Yang Di-Pertuan Yang Di-Pertuan Agong Agong Federal Court Dewan Negara Prime Minister Court of Appeal Dewan Rakyat Members of High courts Cabinet Subordinate courts DRA  THE LEGISLATIVE DRA THE LEGISLATIVE: The Parliament is the highest legislative body in Malaysia. It comprises of three components: 1. Yang Di-Pertuan Agong (YDPA) 2. House of Representatives (Dewan Rakyat) 3. Senate (Dewan Negara) DRA THE LEGISLATIVE: 1. YDPA: Members of the Conference of Rulers (Majlis Raja-Raja) The constitutional head: YDPA reigns but does not govern As a component of the Parliament, he may not refuse assent to Bills passed by the two Houses of Parliament. DRA THE LEGISLATIVE: 2. Dewan Rakyat: Is also known as the House of Representatives, i.e., the Lower House It has 222 members, appointed by the people (rakyat) during the election. The terms of a Dewan Rakyat member: as long as appointed by the people. The Dewan Rakyat has primacy over the Dewan Negara in composition and functions. DRA THE LEGISLATIVE: 3. Dewan Negara: Is also known as the Senate It has 70 members: i) 26 are elected by the DUN (i.e., two from each of the 13 constituent states), and ii) the YDPA appoints 44. The appointed senators represent the federal territories, sectoral groups, and minorities. The terms of a Senate member: i) three years and not more than two terms, ii) age not less than 30 years old, and iii) not affected by the dissolution of Parliament. DRA THE LEGISLATIVE: The YDPA can summon the Parliament to be in session. The King is vested by the Constitution to summon the Parliament to meet within 6 months between the last proceeding in the last session and the date appointed for its first proceeding in the next session. The YDPA also has the power to prorogue or dissolve the Parliament. DRA THE LEGISLATIVE: For the House of Representatives (Dewan Rakyat), the Leader of the House or the Deputy has to determine the proceeding dates at least 28 days before the beginning of each session. However, occasionally, the Leader of the House or the Deputy is allowed to change the dates that have been fixed as and when desired. DRA THE LEGISLATIVE: Unless dissolved, the parliamentary proceedings will commence for five years from the date of the first proceeding conducted after the General Election. At the end of the 5-year period, the Parliament will be dissolved. Within 60 days of dissolution, a General Election has to be held to elect the representatives for the Dewan Rakyat. Parliamentary proceedings must convene at a date not later than 120 days from the date of its dissolution. DRA  THE EXECUTIVE DRA THE EXECUTIVE: The Executive branch of the government is the administrative branch. The Executive governs the country according to the laws made by the Parliament. Each part of the Executives has its own role to play. 1. The YDPA As head of the Executive, the YDPA appoints the Prime Minister and members of the Cabinet. DRA THE EXECUTIVE: 2. The Prime Minister The Executive is led by the Prime Minister (PM), appointed by the YDPA. The PM must be a member of the Dewan Rakyat and command a majority. 3. The Cabinet The cabinet consists of all Ministers and is the highest policymaking body in the Federation. Members of the Cabinet must also be members of the Parliament (can belong to either dewan) DRA THE EXECUTIVE: 3. The Cabinet (continued) The cabinet members are appointed by the YDPA with the advice of the PM. In other words, it can be said that the PM chooses his cabinet members. DRA  THE JUDICIARY DRA THE JUDICIARY: The Judiciary comprises the Federal Court, the Court of Appeal, two High Courts (one respectively for the West and East of Malaysia), and the Subordinate Courts. As head of the Judiciary, the YDPA appoints the Chief Justice of the Federal Court, the President of the Court of Appeal, the Chief Judge of two High Courts, and all the judges of the Superior Courts. DRA HIERARCHY OF COURTS IN MALAYSIA: Federal Court Court of Appeal Superior Courts High Court in Malaya High Court in Sabah & Sarawak Sessions Court Sessions Court Subordinate Magistrates’ Court Magistrates’ Court Courts Penghulu’s Court DRA THE JUDICIARY: These courts are federal courts vested with civil and criminal jurisdiction and enforce both federal and state laws. The Judiciary will interpret the law enacted by the legislative and, at the same time, apply the said law in arriving at their decision All parties will be treated equally, and the judiciary is free to make judgements without coercion, fear or favour DRA TYPES OF JURISDICTION*: Original The power of the court to hear the case in the first instance Jurisdiction Appellate The power of the court to hear and determine appeal case from the lower court Jurisdiction Referral The power of the court to interpret or confirm on the application of law or Jurisdiction effect of any provision of the Federal Constitution Article 130 of the Federal Constitution: YDPA may refer to the Federal Court Advisory for its opinion regarding the effect of any provision in the Federal Constitution Jurisdiction which has arisen or likely to arise Supervisory and Revisionary The power of the court to control the activity of the lower court or tribunal Jurisdiction *The power of the court/judge to hear and decide a case or make a particular order DRA TYPES OF BILL: Briefly, legislation is enacted by Parliament by introducing a Bill, which is passed by Both Dewans and assented to by the YDPA. Three types of Bills: 1. Public Bill ✓Includes Bills on matters of general public interest such as national defence, public order, and taxation. ✓The Bill will be introduced by the relevant Minister ✓The most common type of Bill in Malaysia DRA TYPES OF BILL: 2. Private Bill ✓ Bills which deal with matters of local or private concern ✓ This Bill may usually be introduced by by an individual, e.g., NGOs or any private citizen (people who have no locus in the Parliament) 3. Hybrid Bill ✓ Bills concerning matters that also adversely affect private bodies or person ✓ This Bill may be introduced by a Member of Parliament (MP) DRA  HOW IS AN ACT ENACTED? DRA  1) PRE-PARLIAMENTARY STAGE HOW IS AN ACT ENACTED? 2) PARLIAMENTARY STAGE DRA 1. PRE-PARLIAMENTARY STAGE: 1. Proposal ✓ It may come from various sources ✓ Examples: election manifesto of winning political party, policy decision, etc. 2. Consultation ✓ A long series of discussion follow within and between the relevant government authorities, experts and interested parties may also be consulted DRA 1. PRE-PARLIAMENTARY STAGE: 3. Drafting ✓ The proposal is sent to the Parliamentary draftsperson in the AG’s Chamber to be put into legal language and form. ✓ The proposal will then become a Bill and is ready to be introduced to the Parliament DRA 2. PARLIAMENTARY STAGE:  Ministry formally introduces the Bill in the Dewan Rakyat by having its short title read. First reading  This is a mere formality and may take place even though the Bill is not yet printed and distributed  Will only start once the Bill is printed and distributed Second reading  The long title and outline of the Bill will be read  Debate on general principles of the Bill, followed by a vote.  The Bill will be discussed in a more detailed manner and amended if necessary Committee stage  Once done, a report will the submitted to the House and if accepted, House resumes sitting  The Bill will be read and reviewed with amendment. Third reading  No debate is allowed except for technical matters, with permission of the speaker. This is followed by a vote.  Similar procedures as in the Dewan Rakyat. If passed, the Bill is referred back to the Dewan Dewan Negara Rakyat.  The YDPA affixes the Public Seal within 30 days of presentation. Royal Assent  The Bill will become law once assented by the YDPA  The Act will only come into force until it has been published Publication  However, the Parliament has the power to postpone the operation of any law DRA QUESTIONS: 1. As the Head of the Legislative, Executive and Judiciary, explain in detail the role of the YDPA in the respective branch. 2. Explain in detail the government system in Malaysia after the dissolution of the Parliament. 3. There are three types of Bills, namely the Public Bill, the Private Bill, and the Hybrid Bill. Describe the nature of each Bill and provide examples of the Bills respectively. 4. There are three stages in the Pre-Parliamentary Stage to enact an Act. Explain the stages involved in detail. 5. Discuss in detail the Parliamentary Stage to enact an Act. 6. What will happen to a Bill if the YDPA does not assent to it? DRA DRA