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constitutional law

constitutional law

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  • 1. senatePresent by: Nur Shuhada Kadir 1070855 Nur Afiqah Norman 1070856 Nur Syuhada Matwi 1070852 Ma Kalthum Ishak 1070850
  • 2. Dewan Negara Type : Upper house President of the Dewan NegaraAbdulHamid Pawanteh, : Barisan Nasional -UMNOsince July 7, 2003 Members : 70 Senators Political groups : Barisan NasionalPakatan Rakyat Meeting place : Malaysian Houses ofParliament, Kuala Lumpur, Malaysia Web site : http://www.parlimen.gov.my/
  • 3. Membership. "rendered distinguished public service or haveachieved distinction in the professions,commerce, industry, agriculture, culturalactivities or social service or are representativeof racial minorities or are capable ofrepresenting the interests of aborigines. Each of the 13 state legislative assemblieschooses 2 Senators. The term of office is 3 years and Senators canonly be re-elected once.
  • 4. Continue… The King appoints two Senators for theFederal Territory of Kuala Lumpur, and onerespectively for the Federal Territories ofLabuan and Putrajaya on the advice of thePrime Minister. Another 40 Senators are appointed by theKing, also on the Prime Ministers advice.
  • 5. What are the qualification? a candidate must be a Malaysian citizenresiding in the Federation. must not owe allegiance to any foreignstate. must not have received a prison sentenceof one year or longer. must not have been fined RM2,000 ormore.
  • 6. Continue.. Must not be a holders of a full timeprofit-making position in the publicservice. no requirement to belong to a politicalparty.
  • 7. Appointment of senators (art 45) Parliament is permitted to increase thenumber of Senators to three per state. reduce the number of appointed Senators,or abolish the post of appointed Senator. Members of the Senate are not affected byelections of the Dewan Rakyat, andcontinue to hold office despite the DewanRakyats dissolution for an election.
  • 8. Functions??? lesser power and authority than the Dewan Rakyat. serve the interest of the States, minorities andsectoral groups. has no power to dismiss the government on a voteof no confidence. Bills involving taxation and expenditure cannot bebrought to the Dewan Negara. can delay and has no power to defeat bills passedby the Dewan RakyatROLE AND FUNCTION
  • 9. Constitutional role???has equal power with the Dewan Rakyat to amendthe constitution. The Legislative function of making and revisinglaws. The ‘federal function’ of representing the 13States of the Federation and the federalterritories. The sectoral representative function of enablingexperienced and talented persons, members ofminorities and orang asli to sit in Parliamentwithout going through the electoral process. The ‘deliberative’ function of examininggovernment policy and keeping the government incheck.
  • 10. Legislative function. Power to initiate the legislation: except forfinancial and fiscal matters. Article 68: its assent is necessary for thepassage legislation in Parliament. but, this article cannot be applied to thoseconstitutional amendments that require a two-thirds majority in both Houses of Parliament. can revise, improve or delay Dewan Rakyat Bills. To act as chamber of second thought to allow formore reflection than would otherwise be possiblein the heat of party political debate in the DewanRakyat.
  • 11. Representing the state. two members had been appointed ineach state. representing the States and protectingtheir rights. but, ‘State Senators’ do not always voteand speak as ‘instructed delegates’ of theStates.
  • 12. Representation to special groups Article 45(1): by being appointed Senators,many professional can contribute in thelegislative process.
  • 13. Deliberative function. check and limit the power of theGovernment. achieved through ‘question time’ inwhich Ministers must supplyinformation, answer questions, justifypolicies.
  • 14. President PresidentThe President of The Senate must be a Member Of theSenate.Role of the President include : to preside over the sittings of the Senate; to be responsible for the observance of the rules in theSenate; to ensure the relevancy of the points raised during the Debate to interpret the Standing Orders in case of disputes and thedecision is final Any person who wants to assume the post of the President ofthe Senate must not be a member of any State LegislativeAssembly.The present President of the Senate is YB Tan Sri.Dato Seri Dr. Abdul Hamid Pawanteh
  • 15. Deputy President The Deputy Speaker or Timbalan Yangdi-Pertua Dewan Negara assists theSpeaker of the Dewan Negara and chairsproceedings in the absence of theSpeaker. YB Senator Dato Ir. Wong FoonMeng  07.06.2004 - Present