4 Legislature, Executive Judiciary.pdf

Introduction: Legislature, Executive and Judiciary FAG1009 Introduction to Law  Three Branches of Government Legislature Executive Judiciary  Legislature Primary function of the legislature is to legislate, amend or repeal laws Legislative authorities:  Federal...

Introduction: Legislature, Executive and Judiciary FAG1009 Introduction to Law  Three Branches of Government Legislature Executive Judiciary  Legislature Primary function of the legislature is to legislate, amend or repeal laws Legislative authorities:  Federal level – by the Parliament of Malaysia  State level - by the State Legislative Assembly  Legislature Parliament may make laws with respect to matters falling within the Federal List or the Concurrent List  Legislature The Legislature of a State may make laws with respect to matters falling within the State List or the Concurrent List  Legislature Parliament consists of:  Yang di-Pertuan Agong (YDPA)  Two “Houses” (“Majlis”) known as the Senate (“Dewan Negara”) and the House of Representatives (“Dewan Rakyat”) (Federal Constitution, Art 44) Source: https://www.parlimen.gov.my/yda-maklumat- umum.html?uweb=yg&lang=en  Senate Membership: 70 40 - appointed by the Yang di-Pertuan Agong 26 - elected by the State Legislative Assemblies of the 13 states (2 representatives per state) 2 for the Federal Territory of Kuala Lumpur, 1 for the Federal Territory of Labuan, 1 for the Federal Territory of Putrajaya shall be appointed by the Yang di-Pertuan Agong (Federal Constitution, Art 45(1))  Senate A Malaysian who is at least 30 years old can become a Senator Term of office: 3 years A senator cannot hold the post for more than 2 terms (Federal Constitution, Arts 47(a), 45(3) & (3A))  House of Representatives Membership: 222 (elected) 209 MP are from the states in Malaysia 11 from the Federal Territory of Kuala Lumpur 1 from the Federal Territory of Labuan 1 from the Federal Territory of Putrajaya (Federal Constitution, Art 46)  House of Representatives Any Malaysian who is at least 18 years old can take part in an election to become a member of Parliament (Federal Constitution, Art 47(b))  Disqualification of Members of Parliament or Senators A person cannot become a member of Parliament (MP) or Senator if the person: (a) is of unsound mind (b) is a bankrupt (c ) holds an office of profit (d) spends more money than what is allowed under the law on his/her election campaign (e) is found guilty of an offence where the punishment is imprisonment of 1 year or more, or a fine of RM2,000 or more (f) becomes a citizen of another country (Federal Constitution, Art 48)  Vacancy in the Senate or House of Representatives A vacancy in the House or Representatives or Senate happens if an MP or Senator dies, resigns or is disqualified A vacancy must be filled within 60 days A new MP must be elected in a by-election or a new Senator must be elected by the State or appointed by the YDPA within 60 days after the vacancy happens  Executive In the Federal Government of Malaysia, the executive consists of: (a) YDPA (b) Prime Minister (c) Cabinet (d) Public services The executive governs the country according to the laws made by Parliament  Yang di-Pertuan Agong (YDPA) YDPA is a constitutional monarch and Supreme Head of the Federation YDPA is Head of Islam in his home state, and in Malacca, Penang, Sabah, Sarawak and the Federal Territories of Kuala Lumpur, Labuan and Putrajaya YDPA is also the Supreme Commander of the armed forces of the Federation (Federal Constitution, Arts 3(2), 3(3), 3(5), 32(1), 41)  Yang di-Pertuan Agong (YDPA) YDPA is elected by the Conference of Rulers from among the 9 Rulers of the States for a term of 5 years and this selection is by rotation Yang-di Pertua Negeri of the other 4 States cannot become the YDPA and cannot participate in the election of the YDPA (Federal Constitution, Art 32(3))  Yang di-Pertuan Agong (YDPA) In exercising his functions, the YDPA must generally follow the advice of the Prime Minister (PM) or Cabinet. Example: In appointing judges, the YDPA must act on the advice of the PM For the appointment and dismissal of all Cabinet Ministers (save for the PM), the YDPA must act on the advice of the PM In making a proclamation of emergency, the YDPA must act on the advice of the Cabinet (Federal Constitution, Arts 40(1),122B, 150(1))  Yang di-Pertuan Agong (YDPA) However, for a few functions and powers, the YDPA does not have to act on the advice of the PM or Cabinet but can act on his own discretion. Examples: Appointment of PM. However, the YDPA must appoint a member of the House of Representatives who in his judgment is likely to command the confidence of the majority of the members of the House of Representatives Withholding of consent to a request to dissolve Parliament Calling a meeting of the Conference of Rulers concerned solely with the privileges, position, honours and dignities of Their Royal Highness, and any action decided at the meeting (Federal Constitution, Arts 40(2), 43(2))  Prime Minister PM is the Head of Government PM is appointed by the YDPA In appointing the PM, YDPA acts in his discretion but he may only appoint as PM a member of the House of Representatives who in his judgment is likely to command the confidence of the majority of the members of the House of Representatives In practice, the PM is usually the leader of the controlling party or controlling coalition of political parties in the House of Representatives  Cabinet Cabinet consists of all Ministers and is the highest policy- making body in the Federation The Ministers run and control the functions of the various ministries that govern the country Members of the Cabinet must also be members of Parliament (either Senate or the House of Representatives) Ministers are appointed from among the members of either Houses of Parliament, by the YDPA upon the advice of the PM (Federal Constitution, Art 43(2)(b))  Public Services Public services in Malaysia include: Police force Armed forces Education service Members of the public service do not change with the Government. They are responsible for the day-to-day running of the ministries and government departments  Judiciary The Constitution sets up these courts: Federal Court Court of Appeal High Courts, 1 for Peninsular Malaysia known as “the High Court in Malaya” and 1 for Sabah and Sarawak known as “the High Court in Sabah and Sarawak” These courts are referred to as the Superior Courts The Constitution also sets up a Special Court for the YDPA and other Rulers  Judiciary Parliament can make laws to set up “inferior courts” Under the federal laws, Parliament has set up courts like the Sessions Courts, Magistrates’ Courts and the Industrial Court The Superior Courts and the courts set up by Parliament do not decide legal cases that only the Syariah Courts can decide  Judiciary The Judiciary’s most important role is to protect the supremacy of the Constitution, to make sure that everyone obeys the Constitution Only the Judiciary has the power to interpret the Constitution and to decide if any law passed by Parliament or any act of the Executive is constitutional and valid Through this power, the Judiciary can check any abuse of powers by the Executive and the Legislature and can protect our fundamental rights Thanks!