12. structure of national_administration


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  • 12. structure of national_administration

    2. 2. • In the modern system of government, three essential divisions play respective roles in the smooth running of a country. Government Legislature Executive Judiciary Portrait of Montesquieu in 1728
    3. 3. THE LEGISLATURE • This division is the Parliament which makes the law. • The constitution states that Parliament consists of 3 components: i) Yang di-Pertuan Agong ii) Dewan Negara (House of Senate) iii) Dewan Rakyat (House of Representatives) The Parliament Structure Yang di-Pertuan Agong Dewan Negara Dewan Rakyat
    4. 4. • The role of Parliament: i. To legislate, amend and annual bill of law ii. To enact laws concerning defense, safety, finance, education, welfare etc iii.To introduce new taxes iv. To approve the national budget for a certain year
    5. 5. Yang di-Pertuan Agong • Is the head of: i) Legislative ii) Executive iii) Judiciary • Empower to put into law, bills that have been passed by Dewan Rakyat dan Dewan Negara.
    6. 6. Dewan Negara • Headed by the Yang Dipertua (the President). • Must be a member of the Senate. • Assisted by a Deputy Yang Dipertua and a Dewan Secretary. • Members are known as Senators. • Senators are appointed, not elected. • Consists of 70 members. YB Tan Sri Dato' Seri Dr. Abdul Hamid Pawanteh
    7. 7. • Membership is made up of two categories:a) 26 members appointed by the State Legislative Assembly to represent 13 states (each state represented by 2 members) b) 44 members appointed by His Majesty the Yang di-Pertuan Agong on the advice of the Prime Minister • To be eligible as a member, you must: i) be a Malaysian citizen; ii) be not less than 30 years old; iii) not be declared as a bankrupt; and iv) not have a criminal record
    8. 8. • The tenure of office is a three-year term for a maximum of 2 terms. • The life of the Senate is not affected by the dissolution of Parliament. • Senators are drawn from the ranks of distinguished individuals. • The role of Dewan Negara: i) to discuss and pass bills that have been passed by the Dewan Rakyat; ii) does not possess the power to reject the bills presented to it; iii) only empowers to delay passing a bill for a period of one month if it does not agree with them.
    9. 9. Dewan Rakyat • Headed by the Speaker. • “Speaker” can be a member or non-member of the Parliament but who is qualified for election into the House. • The Speaker is assisted by 2 Deputy Speakers (parliamentary members). • The Secretary will be appointed by the YDPA. • Members are politicians who have won the parliamentary seats. • Parties with the most votes can form a government to rule the country. • 219 members representing 219 constituencies.
    10. 10. • Serve for five years (subject to Parliament dissolution). • To be eligible as a member, you must: i) be a Malaysian citizen; ii) be not less than 21 years old; iii) be of sound mind; iv) not be declared as a bankrupt; and not have a criminal record. • Speaker’s duties: i) to chair the Dewan Rakyat; ii) to ensure the rules and regulations are adhered by the members; iii) to punish the non-cimpliance members; iv) to inform Election Commission should there be a vacancy in Dewan Rakyat.
    11. 11. • Discretionary power of the Speaker: i) to allow or reject questions from members; ii) to determine whether the questions should be answered by Minister; iii) to postpone an assembly; iv) to ask member to leave or stop member from attending the assembly. • The role of Dewan Rakyat: - to enact and discuss matters related with the interest of the people and the country. YB Datuk Pandikar Amin Mulia
    12. 12. THE EXECUTIVE (GOVERNING BODY) • Constitutes the Cabinet, led by Prime Minister. • Cabinets comprises the Ministers elected. • Each minister leads a ministry unit.
    13. 13. THE JUDICIARY • Responsible for the process of justice. • Has wider power: - can interpret the Constitution and the law, in the event of vagueness or dispute • Judges are appointed by the YDPA on the advice of the Prime Minister.
    14. 14. The High Court • The highest court is the Federal Court. • Has the power to decide on appeals about decision of the Appeals Court, High Court or a Judge. • Divided into High Court of Malaya and the High Court of Sabah and Sarawak. • Empower to hear cases which carry death penalty and civil case
    15. 15. The Lower Courts • Consist of Session Courts and Magistrate Courts • Session courts are the highest courts of the lower courts • Under the jurisdiction of a Session Court Judge • Hear all kinds of civil and criminal cases, except those carry death penalty • Magistrate Courts presided by magistrates (of Class One or Class Two) • Empower to hear all minor criminal cases, not exceeding ten years of jail
    16. 16. Special Lower Courts • COURT FOR CHILDREN - to hear cases, except murder of young persons (-18) - decisions can be appealed in the High Court • INDUSTRIAL COURT - has power to hear cases involving disputes between employer and employee - appeal can be made to the High Court • MILITARY COURTS - to hear cases involving members of the armed forces.
    17. 17. • THE SYARIAH COURTS - Hearing cases concerning the administration of Islamic Law. - THREE types of syariah court: • Syariah Lower Court • Syariah High Court • Syariah Appeal Court • - SMALL CLAIM COURT Introduced in 1989. Hear civil cases of claim not exceeded RM3000. Defense attorney is not needed.