The document summarizes Malaysia's government structure and system. It outlines that Malaysia practices a parliamentary democracy and constitutional monarchy, with the Yang di-Pertuan Agong as head of state. Power is divided among the executive, legislative, and judiciary branches. The Yang di-Pertuan Agong is chosen by the Conference of Rulers and holds a largely ceremonial role, while the prime minister leads the government as chief executive. The bicameral parliament makes laws, with the Senate reviewing bills passed by the House of Representatives. Courts in the independent judiciary interpret laws and constitution at various levels headed by the Federal Court.
After WWII, the Allies led by General Douglas MacArthur oversaw Japan's transition to a democratic government with a new constitution. The constitution established a parliamentary democracy with an emperor as ceremonial head of state. It guaranteed human rights and extended voting rights to women. Japan's economy was rebuilt with US aid and it became one of the wealthiest nations in the world with a highly educated workforce.
The Japanese Governmental Structure
What type of Government does Japan have???
The Japanese government, a constitutional monarchy, is based on a parliamentary cabinet system.
Executive power is vested in the cabinet, which consists of the prime minister and not more than 17 ministers of state that collectively are responsible to the Diet.
Separation of Powers
The Constitution of Japan, which came into effect in 1947, is based on the principles of popular sovereignty, respect for fundamental human rights, and the advocacy of peace. Japan’s political system is one of constitutional democracy. In accordance with the principle of “separation of powers,” the activities of the national government are formally divided into legislative, judicial, and executive organs.
Separation of Powers
The emperor is “the symbol of the State and unity of the people.” The emperor appoints the prime minister and chief judge of the Supreme Court as designated by the Diet, and performs “only such acts in matters of state” as provided for in the constitution along with the advice and approval of the cabinet, such as promulgation of amendments of the constitution, laws, cabinet orders and treaties, convocation of the Diet, dissolution of the House of Representatives, and so forth.
Separation of Powers
The Constitution of Japan proclaims a system of representative democracy in which the Diet is “the highest organ of state power.”
Separation of Powers
It is formally specified that the Diet, as the core of Japan’s system of governance, takes precedence over the government’s executive branch. The designation of the prime minister, who heads the executive branch, is done by resolution of the Diet. Japan practices a system of parliamentary cabinet by which the prime minister appoints the majority of the cabinet members from among members of the Diet. The cabinet thus works in solidarity with the Diet and is responsible to it. In this respect, the system is similar to that of Great Britain, but different from that of the United States, where the three branches of government are theoretically on a level of perfect equality.
Separation of Powers
The National Diet, composed of two houses - the House of Representatives and the House of Councilors, is the highest organ of state power and the sole law-making organ of the State.
The House of Representatives may introduce “no-confidence motions” with respect to the cabinet. The cabinet, on the other hand, is able to dissolve the House of Representatives.
Separation of Powers
The National Diet also has the authority to designate the chief judge and appoint the other judges of the Supreme Court. It is the Supreme Court that determines the
Japan has a constitutional monarchy with an emperor as the ceremonial head of state. The executive branch is headed by a prime minister as head of government who selects cabinet members. The bicameral legislative branch is the Diet, made up of the House of Councillors and the more powerful House of Representatives. The judicial branch's highest court is the Supreme Court headed by a chief justice.
The document discusses the Comptroller and Auditor General (CAG) of India, which is an independent constitutional authority that audits all expenditures from the Consolidated Fund of India and the state governments.
Some key points:
- The CAG is appointed by the President of India for a 6-year term and has the responsibility of auditing expenditures of the central and state governments.
- The office of CAG has evolved since British rule in India and was constitutionalized after independence. It has the power to audit all government bodies receiving substantial public funds.
- The CAG submits audit reports of the central and state governments to the President and state governors, who then present them to
The document discusses the powers and roles of state governors and chief ministers in India according to the country's constitution. It provides details on the following:
1) State governors are appointed as nominal executive heads by the president but exercise powers on the advice of the state's council of ministers headed by the chief minister.
2) Chief ministers are elected by the ruling party in the state legislative assembly and effectively function as the executive head of the state government.
3) State councils of ministers are formed under the chief minister and assist the governor in administering the state, with cabinet ministers overseeing key departments.
The document discusses the roles and appointment processes of Chief Ministers and state councils of ministers in India. It also discusses High Courts.
- A Chief Minister is the head of the state government and is appointed by the Governor, usually from the party that wins a majority in state assembly elections. If no party has a majority, the Governor exercises discretion in the appointment.
- State councils of ministers are appointed by the Governor on the advice of the Chief Minister. High Courts are the highest courts in each state and have powers of judicial review over state laws as well as administrative oversight over lower courts.
The Prime Minister is the head of the Council of Ministers and exercises executive authority in India. The Prime Minister is appointed by the President and is generally the leader of the majority party in the Lok Sabha. As the head of the Council of Ministers, the Prime Minister's powers include forming the Council of Ministers, directing policy, and overseeing important appointments, though these are made by the President. The Council of Ministers aids the Prime Minister in developing and implementing policy and administering government departments and programs.
The Japanese government has an executive branch led by a Prime Minister selected by the Diet, Japan's legislature. The Emperor is the symbolic head of state with no real political power. The legislature, called the Diet, is made up of the House of Representatives and House of Councilors and passes legislation and controls the budget. Japan's independent judicial branch is headed by the Supreme Court and interprets the country's post-World War II constitution.
After WWII, the Allies led by General Douglas MacArthur oversaw Japan's transition to a democratic government with a new constitution. The constitution established a parliamentary democracy with an emperor as ceremonial head of state. It guaranteed human rights and extended voting rights to women. Japan's economy was rebuilt with US aid and it became one of the wealthiest nations in the world with a highly educated workforce.
The Japanese Governmental Structure
What type of Government does Japan have???
The Japanese government, a constitutional monarchy, is based on a parliamentary cabinet system.
Executive power is vested in the cabinet, which consists of the prime minister and not more than 17 ministers of state that collectively are responsible to the Diet.
Separation of Powers
The Constitution of Japan, which came into effect in 1947, is based on the principles of popular sovereignty, respect for fundamental human rights, and the advocacy of peace. Japan’s political system is one of constitutional democracy. In accordance with the principle of “separation of powers,” the activities of the national government are formally divided into legislative, judicial, and executive organs.
Separation of Powers
The emperor is “the symbol of the State and unity of the people.” The emperor appoints the prime minister and chief judge of the Supreme Court as designated by the Diet, and performs “only such acts in matters of state” as provided for in the constitution along with the advice and approval of the cabinet, such as promulgation of amendments of the constitution, laws, cabinet orders and treaties, convocation of the Diet, dissolution of the House of Representatives, and so forth.
Separation of Powers
The Constitution of Japan proclaims a system of representative democracy in which the Diet is “the highest organ of state power.”
Separation of Powers
It is formally specified that the Diet, as the core of Japan’s system of governance, takes precedence over the government’s executive branch. The designation of the prime minister, who heads the executive branch, is done by resolution of the Diet. Japan practices a system of parliamentary cabinet by which the prime minister appoints the majority of the cabinet members from among members of the Diet. The cabinet thus works in solidarity with the Diet and is responsible to it. In this respect, the system is similar to that of Great Britain, but different from that of the United States, where the three branches of government are theoretically on a level of perfect equality.
Separation of Powers
The National Diet, composed of two houses - the House of Representatives and the House of Councilors, is the highest organ of state power and the sole law-making organ of the State.
The House of Representatives may introduce “no-confidence motions” with respect to the cabinet. The cabinet, on the other hand, is able to dissolve the House of Representatives.
Separation of Powers
The National Diet also has the authority to designate the chief judge and appoint the other judges of the Supreme Court. It is the Supreme Court that determines the
Japan has a constitutional monarchy with an emperor as the ceremonial head of state. The executive branch is headed by a prime minister as head of government who selects cabinet members. The bicameral legislative branch is the Diet, made up of the House of Councillors and the more powerful House of Representatives. The judicial branch's highest court is the Supreme Court headed by a chief justice.
The document discusses the Comptroller and Auditor General (CAG) of India, which is an independent constitutional authority that audits all expenditures from the Consolidated Fund of India and the state governments.
Some key points:
- The CAG is appointed by the President of India for a 6-year term and has the responsibility of auditing expenditures of the central and state governments.
- The office of CAG has evolved since British rule in India and was constitutionalized after independence. It has the power to audit all government bodies receiving substantial public funds.
- The CAG submits audit reports of the central and state governments to the President and state governors, who then present them to
The document discusses the powers and roles of state governors and chief ministers in India according to the country's constitution. It provides details on the following:
1) State governors are appointed as nominal executive heads by the president but exercise powers on the advice of the state's council of ministers headed by the chief minister.
2) Chief ministers are elected by the ruling party in the state legislative assembly and effectively function as the executive head of the state government.
3) State councils of ministers are formed under the chief minister and assist the governor in administering the state, with cabinet ministers overseeing key departments.
The document discusses the roles and appointment processes of Chief Ministers and state councils of ministers in India. It also discusses High Courts.
- A Chief Minister is the head of the state government and is appointed by the Governor, usually from the party that wins a majority in state assembly elections. If no party has a majority, the Governor exercises discretion in the appointment.
- State councils of ministers are appointed by the Governor on the advice of the Chief Minister. High Courts are the highest courts in each state and have powers of judicial review over state laws as well as administrative oversight over lower courts.
The Prime Minister is the head of the Council of Ministers and exercises executive authority in India. The Prime Minister is appointed by the President and is generally the leader of the majority party in the Lok Sabha. As the head of the Council of Ministers, the Prime Minister's powers include forming the Council of Ministers, directing policy, and overseeing important appointments, though these are made by the President. The Council of Ministers aids the Prime Minister in developing and implementing policy and administering government departments and programs.
The Japanese government has an executive branch led by a Prime Minister selected by the Diet, Japan's legislature. The Emperor is the symbolic head of state with no real political power. The legislature, called the Diet, is made up of the House of Representatives and House of Councilors and passes legislation and controls the budget. Japan's independent judicial branch is headed by the Supreme Court and interprets the country's post-World War II constitution.
A few slides to act as triggers for classroom conversation about the structure and roles of central government in New Zealand. Feedback welcome.
You might prefer this video published in 2015 by parliament.nz: http://youtu.be/IiXib-LR6ZM.
The document summarizes the role and powers of state governors in India. It explains that state governments are organized similarly to the union government, with the governor acting as the constitutional head of the state like the president. Governors are appointed by the president rather than elected, to avoid rivalry with elected ministers and ensure obedience to the union government during emergencies. Governors exercise executive powers and appoint the chief minister and council of ministers, but normally follow the advice of the elected state government.
Chief ministers (Special reference to Rajasthan CM - Sh. Ashok Gehlot Mamta Pareek
a special PPT on Chief ministers (Special reference to Rajasthan CM - Sh. Ashok Gehlot, it is beneficial for Indian Political System Students and competitive aspirants.
The document proposes restructuring the branches and organizations of the Pakistani federal government to improve efficiency by clearly defining roles and responsibilities. It recommends reducing the number of ministries and organizations by privatizing some, transferring others to provincial control, merging duplicative entities, and liquidating unnecessary ones. The goal is to establish a tighter governance structure with 228 executive departments and autonomous bodies accountable for results.
India is a federal parliamentary republic with New Delhi as its capital. It has 29 states and 7 union territories which are administered directly by the central government. The political system mirrors that of the national government with an elected legislature, executive, and judiciary. Power is concentrated in the office of the prime minister who is the leader of the majority party in the lower house of parliament, the Lok Sabha. The president is the ceremonial head of state elected by an electoral college for 5-year terms.
Working of instituations a chapter in civics revision notesGunjan555
The document discusses the involvement of various political institutions in India in implementing the recommendation of the Mandal Commission to reserve 27% of government jobs for Other Backward Classes. It describes how the President, Prime Minister, Cabinet, Parliament, and Supreme Court were all involved in the process. The Prime Minister announced the decision in Parliament after the Cabinet approved the reservation order. The Supreme Court later upheld the order.
The document discusses governance at the state level in India. It explains that India has a federal system with governments at both the state and central levels. At the state level, the key institutions of governance are the Governor, Chief Minister, Council of Ministers, State Legislature, High Court, and subordinate courts. The Governor is the nominal executive head of the state, appointed by the President, but the real executive powers lie with the Chief Minister and the Council of Ministers. The document outlines the appointment process, powers, and relationship between the Governor and other state institutions. It also briefly discusses the composition and roles of the other branches of state government.
State governments in India share power with the federal/national government. They have executive, legislative, and judicial branches. The executive branch is headed by a governor who is appointed by the President. It also includes the Council of Ministers led by the Chief Minister. The legislative branch includes the Legislative Assembly as the lower house and optionally an Legislative Council as the upper house. Bills passed by the legislature require the governor's assent to become law. Key powers of the governor include appointing the Chief Minister and dissolving the legislature.
Class 8 chapter_19_the_union_executive_pptKamlesh Khanna
The document discusses the executive branch of the Indian union government. It describes the powers and roles of the President, Vice President, Council of Ministers, and Prime Minister. The President has executive, legislative, financial, and emergency powers and appoints judges. The Vice President chairs Rajya Sabha. The Council of Ministers is responsible for policy and administration under the Prime Minister, who forms the government based on the Lok Sabha majority.
The Council of Ministers is the supreme executive organ in some governments, equivalent to the term "cabinet". It usually has 60 to 80 ministers of different ranks. The Cabinet is the inner ring of the Council of Ministers, comprising around 20 senior ministers who are top party leaders in charge of major ministries. They meet to take decisions on behalf of the Council of Ministers. Ministers of State are either attached to Cabinet Ministers to assist them or are in independent charge of smaller ministries.
Japan has a parliamentary representative democratic monarchy system of government. The Emperor is the symbolic head of state, while executive power is held by the Prime Minister and Cabinet. Legislative power is shared between the upper House of Councillors and lower House of Representatives. The longest-ruling party is the conservative Liberal Democratic Party, though other major parties include the center-left Democratic Party of Japan. The judicial system is based on civil law and independent courts have the power of judicial review.
How State Government Works (Grade 7 - Civics)Sandeep Patnaik
State governments in India are responsible for governing individual states. They have legislative, executive, and administrative functions. The legislative assembly is the main lawmaking body and consists of elected members from constituencies within each state. An executive council of ministers, led by the chief minister, manages the day-to-day affairs of the state. Media plays a role in communicating information between the government and citizens.
The Japanese political system has a bicameral legislature consisting of the House of Representatives and the House of Councilors. The Constitution of Japan was established in 1947 and outlines the executive powers belonging to the Cabinet. Current political issues in Japan include debates around increasing consumption tax, accepting debris from the 2011 earthquake, reconstruction assistance, and whether to resume nuclear power operations.
Prime minister and the council of ministerskarthikgangula
icse class 10 chapter prime minister and the council of ministers
topics included are under the further reduced syllabus
Appointment, the formation of Council of ministers, tenure;
Position and powers of the Prime Minister.
Collective and individual responsibility of the members of the Cabinet.
The distinction between the Council of Ministers and the Cabinet.
working of institutions by Pathan AijajYunus Pathan
This document summarizes the key decision makers and institutions in the Indian democratic system. It outlines that the President of India is the head of state, while the Prime Minister is the head of government and exercises most governmental powers. It then describes the two houses of Parliament - the Lok Sabha as the lower house, and the Rajya Sabha as the upper house. Finally, it provides an overview of the judiciary, noting that High Courts are the principal civil courts at the state level, while the Supreme Court is the highest judicial forum and final court of appeal for the country.
The document discusses the key aspects of a federal system of government. It defines a federal system as one where power is shared between a central national government and governments of constituent states or provinces, which have considerable self-rule. It outlines some necessary conditions for adopting a federal system, including the need for common defense, preserving local autonomy, and preventing dictatorship. It also describes three essential features of federalism: the precise distribution of powers between the central and state governments, the supremacy of the constitution, and the supremacy of an independent judiciary.
The document discusses the constitution of the council of ministers in India. It notes that according to Article 74 of the Indian constitution, the council of ministers aids and advises the president in exercising executive powers. The council of ministers is formed after the prime minister is sworn in and is collectively responsible to the Lok Sabha. The main functions of the council include aiding the president, determining legislative programs, preparing the budget, and formulating foreign policy. The council also exercises executive, legislative, and financial powers on behalf of the president.
THE PRIME MINISTER MUST ACT AGAINST RELlGIOUS INTOLERANCESivin Kit
This press release from the Sabah Council of Churches calls on the Malaysian Prime Minister to curb religious intolerance in the country and respect constitutional guarantees of freedom of religion for non-Muslims. It criticizes a recent court ruling banning the use of "Allah" in Christian publications as unreasonable and a violation of religious rights. The statement asserts that Christians have a right to decide how to translate the Bible and use religious terms like "Allah" and asks the Prime Minister to restore tolerance and respect religious freedom as guaranteed by the constitution.
Status Of The President Under The ConstitutionShiva Shankara
The document discusses the status and powers of the President of India under the Indian Constitution. It begins with providing context on the historical meaning and origins of the term "President". It then outlines the key provisions in the Constitution related to the President's role, functions, and powers. The President has executive, legislative, and emergency powers but courts have ruled that most powers must be exercised on the advice of the Council of Ministers. There is debate around some independent powers like pardoning and dissolving the lower house of parliament. Overall, the document analyzes the President's role as outlined in the Constitution and issues that have been subject to judicial interpretation.
A few slides to act as triggers for classroom conversation about the structure and roles of central government in New Zealand. Feedback welcome.
You might prefer this video published in 2015 by parliament.nz: http://youtu.be/IiXib-LR6ZM.
The document summarizes the role and powers of state governors in India. It explains that state governments are organized similarly to the union government, with the governor acting as the constitutional head of the state like the president. Governors are appointed by the president rather than elected, to avoid rivalry with elected ministers and ensure obedience to the union government during emergencies. Governors exercise executive powers and appoint the chief minister and council of ministers, but normally follow the advice of the elected state government.
Chief ministers (Special reference to Rajasthan CM - Sh. Ashok Gehlot Mamta Pareek
a special PPT on Chief ministers (Special reference to Rajasthan CM - Sh. Ashok Gehlot, it is beneficial for Indian Political System Students and competitive aspirants.
The document proposes restructuring the branches and organizations of the Pakistani federal government to improve efficiency by clearly defining roles and responsibilities. It recommends reducing the number of ministries and organizations by privatizing some, transferring others to provincial control, merging duplicative entities, and liquidating unnecessary ones. The goal is to establish a tighter governance structure with 228 executive departments and autonomous bodies accountable for results.
India is a federal parliamentary republic with New Delhi as its capital. It has 29 states and 7 union territories which are administered directly by the central government. The political system mirrors that of the national government with an elected legislature, executive, and judiciary. Power is concentrated in the office of the prime minister who is the leader of the majority party in the lower house of parliament, the Lok Sabha. The president is the ceremonial head of state elected by an electoral college for 5-year terms.
Working of instituations a chapter in civics revision notesGunjan555
The document discusses the involvement of various political institutions in India in implementing the recommendation of the Mandal Commission to reserve 27% of government jobs for Other Backward Classes. It describes how the President, Prime Minister, Cabinet, Parliament, and Supreme Court were all involved in the process. The Prime Minister announced the decision in Parliament after the Cabinet approved the reservation order. The Supreme Court later upheld the order.
The document discusses governance at the state level in India. It explains that India has a federal system with governments at both the state and central levels. At the state level, the key institutions of governance are the Governor, Chief Minister, Council of Ministers, State Legislature, High Court, and subordinate courts. The Governor is the nominal executive head of the state, appointed by the President, but the real executive powers lie with the Chief Minister and the Council of Ministers. The document outlines the appointment process, powers, and relationship between the Governor and other state institutions. It also briefly discusses the composition and roles of the other branches of state government.
State governments in India share power with the federal/national government. They have executive, legislative, and judicial branches. The executive branch is headed by a governor who is appointed by the President. It also includes the Council of Ministers led by the Chief Minister. The legislative branch includes the Legislative Assembly as the lower house and optionally an Legislative Council as the upper house. Bills passed by the legislature require the governor's assent to become law. Key powers of the governor include appointing the Chief Minister and dissolving the legislature.
Class 8 chapter_19_the_union_executive_pptKamlesh Khanna
The document discusses the executive branch of the Indian union government. It describes the powers and roles of the President, Vice President, Council of Ministers, and Prime Minister. The President has executive, legislative, financial, and emergency powers and appoints judges. The Vice President chairs Rajya Sabha. The Council of Ministers is responsible for policy and administration under the Prime Minister, who forms the government based on the Lok Sabha majority.
The Council of Ministers is the supreme executive organ in some governments, equivalent to the term "cabinet". It usually has 60 to 80 ministers of different ranks. The Cabinet is the inner ring of the Council of Ministers, comprising around 20 senior ministers who are top party leaders in charge of major ministries. They meet to take decisions on behalf of the Council of Ministers. Ministers of State are either attached to Cabinet Ministers to assist them or are in independent charge of smaller ministries.
Japan has a parliamentary representative democratic monarchy system of government. The Emperor is the symbolic head of state, while executive power is held by the Prime Minister and Cabinet. Legislative power is shared between the upper House of Councillors and lower House of Representatives. The longest-ruling party is the conservative Liberal Democratic Party, though other major parties include the center-left Democratic Party of Japan. The judicial system is based on civil law and independent courts have the power of judicial review.
How State Government Works (Grade 7 - Civics)Sandeep Patnaik
State governments in India are responsible for governing individual states. They have legislative, executive, and administrative functions. The legislative assembly is the main lawmaking body and consists of elected members from constituencies within each state. An executive council of ministers, led by the chief minister, manages the day-to-day affairs of the state. Media plays a role in communicating information between the government and citizens.
The Japanese political system has a bicameral legislature consisting of the House of Representatives and the House of Councilors. The Constitution of Japan was established in 1947 and outlines the executive powers belonging to the Cabinet. Current political issues in Japan include debates around increasing consumption tax, accepting debris from the 2011 earthquake, reconstruction assistance, and whether to resume nuclear power operations.
Prime minister and the council of ministerskarthikgangula
icse class 10 chapter prime minister and the council of ministers
topics included are under the further reduced syllabus
Appointment, the formation of Council of ministers, tenure;
Position and powers of the Prime Minister.
Collective and individual responsibility of the members of the Cabinet.
The distinction between the Council of Ministers and the Cabinet.
working of institutions by Pathan AijajYunus Pathan
This document summarizes the key decision makers and institutions in the Indian democratic system. It outlines that the President of India is the head of state, while the Prime Minister is the head of government and exercises most governmental powers. It then describes the two houses of Parliament - the Lok Sabha as the lower house, and the Rajya Sabha as the upper house. Finally, it provides an overview of the judiciary, noting that High Courts are the principal civil courts at the state level, while the Supreme Court is the highest judicial forum and final court of appeal for the country.
The document discusses the key aspects of a federal system of government. It defines a federal system as one where power is shared between a central national government and governments of constituent states or provinces, which have considerable self-rule. It outlines some necessary conditions for adopting a federal system, including the need for common defense, preserving local autonomy, and preventing dictatorship. It also describes three essential features of federalism: the precise distribution of powers between the central and state governments, the supremacy of the constitution, and the supremacy of an independent judiciary.
The document discusses the constitution of the council of ministers in India. It notes that according to Article 74 of the Indian constitution, the council of ministers aids and advises the president in exercising executive powers. The council of ministers is formed after the prime minister is sworn in and is collectively responsible to the Lok Sabha. The main functions of the council include aiding the president, determining legislative programs, preparing the budget, and formulating foreign policy. The council also exercises executive, legislative, and financial powers on behalf of the president.
THE PRIME MINISTER MUST ACT AGAINST RELlGIOUS INTOLERANCESivin Kit
This press release from the Sabah Council of Churches calls on the Malaysian Prime Minister to curb religious intolerance in the country and respect constitutional guarantees of freedom of religion for non-Muslims. It criticizes a recent court ruling banning the use of "Allah" in Christian publications as unreasonable and a violation of religious rights. The statement asserts that Christians have a right to decide how to translate the Bible and use religious terms like "Allah" and asks the Prime Minister to restore tolerance and respect religious freedom as guaranteed by the constitution.
Status Of The President Under The ConstitutionShiva Shankara
The document discusses the status and powers of the President of India under the Indian Constitution. It begins with providing context on the historical meaning and origins of the term "President". It then outlines the key provisions in the Constitution related to the President's role, functions, and powers. The President has executive, legislative, and emergency powers but courts have ruled that most powers must be exercised on the advice of the Council of Ministers. There is debate around some independent powers like pardoning and dissolving the lower house of parliament. Overall, the document analyzes the President's role as outlined in the Constitution and issues that have been subject to judicial interpretation.
Topic 5 main provisions in the constitutionChe Amm
The document discusses key concepts in the Malaysian constitution, including federalism, parliamentary democracy, and constitutional monarchy. It defines federalism as the division of power between central and state governments, with both able to cooperate in decision making. Parliamentary democracy is explained as a system where elected representatives govern according to the will of the people. Constitutional monarchy is discussed as a system where the monarch's powers are limited by the constitution.
The Federal Constitution of Malaysia has several distinctive features:
First, it declares Islam as the religion of the federation but clarifies that Malaysia remains a secular state. Islamic law only applies to Muslims, and Islamic matters are supervised by state authorities.
Second, it gives special privileges to the Malay race and indigenous peoples of Sabah and Sarawak, who make up the majority of citizens, regarding public services, education and business permits to maintain equality.
Third, it establishes Malay as the national language but does not prohibit the use of other languages. While the national language is used in official capacities, other languages can be used for non-official purposes.
This document discusses emergency powers under Article 150 of the Malaysian constitution. It provides that the Yang di-Pertuan Agong can declare a state of emergency if there is a threat to security, economic life, or public order. During emergencies, broad powers shift to the executive branch, including lawmaking powers. There is debate around whether the Agong acts on government advice or personal discretion in declaring emergencies. The document also examines judicial, parliamentary, and executive controls on emergency powers to prevent their abuse.
The Malaysian government system has three main branches based on the principle of separation of powers:
1) The executive branch is headed by the Prime Minister and includes the Cabinet and various ministries.
2) The legislative branch is made up of a two-house Parliament and state legislative assemblies.
3) The judiciary branch has a hierarchy of courts headed by the Federal Court.
The Federal Constitution of Malaysia is the supreme law of the land. Any laws passed must be consistent with the constitution, and if inconsistent, are void. The constitution establishes parliamentary sovereignty but subordinates it to constitutional requirements. Courts have power to review laws and declare them invalid if unconstitutional. Several cases are discussed where the court struck down laws as unconstitutional, affirming the supremacy of the Federal Constitution.
Topic 3 main components of the malaysian government systemChe Amm
The document discusses the main components of the Malaysian government system. It introduces the Council of Rulers, which elects the Yang di-Pertuan Agong (Head of State) and plays an important advisory role. The three main bodies of government - the executive, legislative, and judiciary - are also explained. The executive body is led by the Prime Minister and Cabinet. The legislative body consists of the Parliament and State Assemblies, which create laws. These bodies operate under the principle of separation of powers.
The document summarizes the Malaysian legal system and structure of Syariah courts. It also addresses two legal scenarios involving jurisdiction. Specifically, it discusses that a case of divorce between Mek and Awang would be heard by the Syariah Subordinate Court of the Federal Territories. It also notes that a murder case between Meng and Ong, where Ong stabbed and killed Meng, would be tried in the High Court since murder carries a potential death sentence.
The document provides an overview of the Malaysian constitution, including its origins and purpose. It discusses:
1) The origins of the Malaysian constitution beginning in the late 19th century under British rule, including the establishment of early governing bodies and the drafting of the 1957 Federal Constitution.
2) The purpose of the Malaysian constitution in creating a fair form of governance that balances the interests of different racial groups, preventing abuse of power by rulers, and controlling the movement of both the government and citizens.
3) How the constitution serves as the highest law in Malaysia and provides principles for governance, distribution of power, and protection of individual rights.
The document discusses separation of powers in Malaysia. It explains that while Malaysia does not have absolute separation of powers between the executive, legislative, and judicial branches, it does apply a system of checks and balances. There is some overlap in membership and functions between the executive and legislative branches, with the monarch holding positions in both. However, checks like requiring the monarch to act on cabinet advice help prevent abuse of power. The legislative and judicial branches generally do not overlap, but both can influence the other's functions. Overall, Malaysia takes a liberal approach to separation of powers while still maintaining checks and balances between the branches.
Federal system of government in malaysiaMusse Ahmed
The document discusses the federal system of government in Malaysia. It describes how Malaysia has a federal constitution and 13 state constitutions, with power shared between federal and state governments. The federal government comprises the executive, legislative, and judicial branches. The monarch is the head of state. Each state has its own legislative assembly and chief minister. Separation of powers exists between the different branches of government at both the federal and state levels.
The document provides an overview of the Malaysian legal system. It discusses that Malaysia has a dual legal system consisting of civil and sharia law. It also outlines the various sources of law in Malaysia including legislation passed by parliament and state assemblies, customary law, and precedents set by higher courts. The document describes the hierarchy of courts in Malaysia, starting with the Federal Court at the top, followed by the Court of Appeal, High Courts, Session Courts, Magistrate Courts, and Juvenile Courts which handle cases involving minors.
Malaysian Constitution - An Introduction to the Malaysian ConstitutionMalaysian Constitution
An introductory guide to the basics of the Constitution of Malaysia. Includes case briefs on topical constitutional cases and comments on current constitutional issues.
This document provides information on parliamentary and presidential forms of government. It discusses key features of parliamentary government including collective ministerial responsibility, political homogeneity among ruling parties, and harmony between the executive and legislature. Advantages include cooperation between branches of government and flexibility to change leadership. Disadvantages are the potential for cabinet dictatorship and short-lived coalition governments. The document also outlines characteristics of the presidential system such as separation of powers between branches and an independently elected executive. India is provided as an example of a country that follows the parliamentary model.
The document summarizes how state governments in India are structured and function. It explains that states are divided into legislative, executive, and administrative branches of government. The legislative branch consists of the governor and either one or two houses (unicameral or bicameral) known as the legislative assembly and legislative council. Elected members of the legislative assembly select the chief minister who heads the executive council of ministers. The governor appoints the chief minister and other officials. The government manages affairs at the state level through various branches that pass laws and administer policies and budgets.
“In a broad and collective sense the executive organ embraces the aggregate or totality of all the functionaries which are concerned with the execution of the will of the State as that will has been formulated and expressed in terms of law”.
– Dr. Garner
The Executive Branch is outlined in Article 2 of the Constitution. It briefly states that the President has different roles including as head of state, commander-in-chief, and chief executive. The President works with their Cabinet and executive agencies/departments to carry out laws and policies. Key parts of the Executive Branch include the Vice President, Executive Office of the President, and federal bureaucracy. Foreign policy tools available to the President include treaties, trade, foreign aid, and military force.
The document discusses different systems of government organization. It explains that governments have legislative and executive functions, and can be parliamentary or presidential systems within a unitary or federal structure. Parliamentary systems have the executive accountable to the legislature, while presidential systems separate the executive and legislature. Federal systems divide powers between central and regional governments, unlike unitary systems where power is centralized.
The document summarizes the executive structure at the state level in India. It discusses the roles of the Governor, Chief Minister, and Council of Ministers. The Governor is appointed by the President and acts as the nominal executive head of the state. The Chief Minister is appointed by the Governor and heads the Council of Ministers. The Council of Ministers aids and advises the Governor. Key powers of the Governor include executive, legislative, financial, judicial, and emergency powers, which are exercised based on the aid and advice of the Council of Ministers.
1. There are three main institutions that make up India's government - the legislative, executive, and judiciary.
2. The legislative branch is made up of parliament, which includes the lower house Lok Sabha and upper house Rajya Sabha, and is responsible for lawmaking.
3. The executive branch carries out the day-to-day administration of the country and is led by the Prime Minister and council of ministers.
4. The judiciary is independent of the other branches and headed by the Chief Justice of India, with the power to declare laws unconstitutional.
The Prime Minister of India is the head of the government and chief executive of the nation. As the head of the Council of Ministers, the Prime Minister advises the President and has significant power in appointing ministers and guiding policies. While the Prime Minister exercises strong executive authority, they cannot become a dictator as their power is dependent on maintaining the confidence of the Lok Sabha.
This document provides an overview and comparison of parliamentary and presidential systems of government, with a focus on their implementation in India. It discusses the key features of each system, including separation of powers, the roles of the executive and legislative branches, and methods of selection and removal of leaders. While acknowledging some potential issues, the document concludes that India is best suited to continue its parliamentary system due to the need to represent diverse groups and maintain political stability in a large, complex democracy.
The document discusses the powers and functions of the President and Prime Minister of India. It covers:
- The President's executive, legislative, financial, emergency and other powers.
- The Prime Minister is the head of the Council of Ministers and advises the President on key appointments. As the leader of the Lok Sabha, the Prime Minister guides the administration.
- The relationship between the President and Prime Minister is defined in the Constitution - the President exercises powers on the advice of the Prime Minister and Council of Ministers.
The document discusses the powers and functions of the President and Prime Minister of India. It covers:
- The President's executive, legislative, financial, emergency and other powers.
- The Prime Minister is the head of the Council of Ministers and advises the President on key appointments. As the leader of the Lok Sabha, the Prime Minister guides the administration of the Union.
- The relationship between the President and Prime Minister is defined in the Constitution - the President exercises powers on the advice of the Prime Minister and Council of Ministers.
The government of Pakistan has three branches: the legislative, executive, and judicial branches. The legislative branch is made up of a Senate and National Assembly. The Senate equally represents each province while the National Assembly checks the government and ensures it respects citizens' rights. The judicial branch is headed by the Supreme Court and includes high courts and lower courts. The executive branch is led by a ceremonial President and real power lies with the Prime Minister who is elected by the National Assembly and appoints ministers. These three branches work within the framework defined by the constitution and acts of Parliament.
The document summarizes the role and powers of the President of the Republic of Italy based on the country's constitution. It outlines that the President is the head of state and institutions, a supervisory body above the traditional separation of powers. While not part of the executive, the President has various formal and informal powers, including appointing ministers, dissolving parliament, and using "moral suasion" to influence politics during times of weakness or crisis. The President is elected by parliament for a seven-year term.
The Prime Minister is the head of the Council of Ministers and exercises executive authority in India. The Prime Minister is appointed by the President and is generally the leader of the majority party in the Lok Sabha. As the head of the Council of Ministers, the Prime Minister's powers include forming the Council of Ministers, directing policy, and overseeing important appointments, though these are made by the President. The Council of Ministers aids the Prime Minister in developing and implementing policy and running the administration.
The document discusses different forms of government. It defines a unitary state as having centralized power in a central government, while a federation shares power between a central government and states or provinces. A confederation is a loose organization of states that can choose to follow or not follow a weak central government. The key forms of government discussed are democracy, authoritarianism, the parliamentary system, and the presidential system. Democracy gives power to the people through voting, while authoritarianism concentrates power in a leader or elite group without free elections. The parliamentary system intertwines the executive and legislative branches, with the prime minister accountable to parliament. The presidential system separates powers, with the president as both head of state and head of government.
The document summarizes the government system of El Salvador. It describes El Salvador as a presidential representative republic with an executive branch led by a president and legislative branch consisting of a unicameral Legislative Assembly. Key points include that the president acts as both head of state and head of government, appoints ministers, commands the armed forces, and can declare states of emergency. The Legislative Assembly passes laws, approves the budget and international treaties, and elects certain officials. Elections take place every 3-5 years via proportional representation.
The document summarizes key aspects of the constitution and government institutions of Bangladesh. It outlines that Bangladesh has a written constitution that establishes a secular, democratic republic where sovereignty belongs to the people. It then describes the roles and functions of the President, Prime Minister, Parliament, and judicial system. The President is the head of state while executive power lies with the Prime Minister and Council of Ministers. Parliament is the legislature and the Supreme Court acts as the highest court divided into Appellate and High Court divisions.
difference between parliamentary govt and presidential govtAmulya Nigam
1. There are two main types of democracy - parliamentary and presidential. In a parliamentary democracy, the prime minister is both the head of government and answers directly to parliament, while in a presidential system the president is the head of state and head of government separately from the legislature.
2. Key differences are that in a parliamentary system the government is responsible to parliament and can be removed by a no-confidence vote, while in a presidential system the president has a fixed term and is not accountable to the legislature.
3. Additionally, in a parliamentary system the prime minister and ministers are usually members of parliament, whereas in a presidential system strict separation of powers means the president and cabinet cannot be legislators.
The presentation comprises powers and functions of the President of India from the Constitutional perspective viz. Executive power, Legislative power, Financial power, Emergency power, Diplomatic Power, Military power, Pardoning power, etc.
1. DMS5015 Topic 1: History and Politics
Sub Topic 1.4 : The Government Structure and System
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Introduction
The Malaysian Government follows the Constitution of the Federation of Malaya which
was promulgated on Merdeka day, August 31, 1957 (revised in 1963) in setting up its
administrative and policy making decisions.
Malaysia practices parliamentary democracy and is ruled as a constitutional
Monarchy with Yang di Pertuan Agong as the head of the country. Under the
constitution, Malaysia as a federation is ruled as a Constitutional Monarchy with the
appointment of the Yang di-Pertuan Agong (King or Supreme Sovereign) as the head of
the country.
The federal Constitution of Malaysia divides the authority of the federation into
its Executive, Legislative, and Judiciary authority.
The Yang Di-Pertuan Agong
The election of Yang Di-Pertuan Agong
The Yang Di-Pertuan Agong is appointed once in every five years from a pool of nine
Sultans who head the nine states in Malaysia. The appointment is systematic and each of
the nine Sultans has the opportunity to ascend the throne of the Yang Di-Pertuan Agong
based on his turn in the cycle. In the event of any of the circumstances below, a sultan
will not automatically be elected as the Yang Dipertuan Agong even thought it may be
his turn in the cycle:
• If he is a minor
• If he has expressed his desire not to ascend the throne
• If he is ailing in mind and body and has been found to be unfit in any way to lead
the country as the Yang Di-Pertuan Agong
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When the office is not occupied, the Conference of Rulers meets to elect a Sultan
to fill the vacancy. The first ruler who obtains not less than 5 votes from the members in
the Conference is then elected and shall hold office for a term of five years.
The Role and Privileges of the Yang Di-Pertuan Agong
As mentioned earlier, the Yang Di-Pertuan Agong is the supreme head of state in
Malaysia and he acts on the advice of the Parliament and the Prime Minister, who heads
the Cabinet. However; the appointment of the prime minister; the requisition of a meeting
for the conference of rulers concerning the privileges and status of sultan and also the
dissolution of Parliament (even against the advice of the Prime Minister) are all on his
own discretion.
In matters pertaining to Parliament, the Yang Di-Pertuan Agong is given the right
to appoint senators on the advice of the Prime Minister. All acts that have been passed by
the two main houses of Parliament have to be scrutinized by him before being made into
laws.
As the head of the Judicial Authority, the Yang Di-Pertuan Agong has the legal
right to appoint the Chief Justice, Federal and High Court judges based on the guidelines
stipulated in the Federal Constitution and acting on the advice of the Prime Minister. He
is also given the privilege of pardoning wrongdoers and civil offences committed in the
Federal Territories of Malaysia, and override sentences passed out by the Military Court.
He is the highest commander of armed forces in the country.
In states that do not have a Sultan as their head, the Yang Di-Pertuan Agong is
the head of religion and thus, has the power to pardon offences and override sentences
passed out by the Syariah Courts in these states. The Yang Di-Pertuan Agong also has
the highest honour and is given the privilege of conferring awards, orders of chivalry and
other honours.
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The Conference of Rulers
The Conferences of Rulers was established in 1948 by the Constitution of the Federation
of Malaya. It consists of nine sultans and four governors or the Yang Di-Pertua Negeri.
Its main function is to appoint the Yang Di-Pertuan Agong and his Deputy. However,
this task is left exclusively to the nine sultans.
The Conference of Rulers has to be consulted on matters pertaining to the
alteration of state boundaries, extension of the Federation, religious matters pertaining to
Islam and any Bill in the Constitution which has to be amended.
Matters that affect public policy or the special privileges accorded to the sultans
require consultation with the Conference of Rulers. All meetings of the Conference of
Rulers have to be attended by the Prime Minister, Menteri Besar of all states and Chief
Ministers or Ketua Menteri with the exception of the meeting to appoint the Yang-Di-
Pertuan Agong and his Deputy.
Executive
Executive Authority refers to the power to govern the country. The Yang Di-Pertuan
Agong is the head of the Executive Authority. However, he acts on the advice of the
Prime Minister who heads the Cabinet. Hence, the Prime Minister is the Chief Executive
and the head of the Government. The Prime Minister, Cabinet and the government
administrative machinery are given the task of carrying out executive functions.
The Functions of the Cabinet
The Yang Di-Pertuan Agong appoints a council of Ministers to form the Cabinet to
advice him on the execution of his functions as the head of the Executive Authority. They
are appointed based on the advice of the Prime Minister. The Cabinet comprises the
4. DMS5015 Topic 1: History and Politics
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Prime Minister and a number of Ministers, all of whom must be members of either the
Senate or House of Representatives.
Chaired by the Prime Minister, the Cabinet, being the highest policy-making body
in the country, meets regularly to formulate the policy of the government. Each Minister
holds a different portfolio and is responsible collectively to Parliament for every decision
made by the Cabinet.
The Prime Minister and Ministers of the Cabinet
The Prime Minister is the head of the Government in Malaysia and is appointed by the
Yang Di-Pertuan Agong from the political party that has the majority seats in the House
of Representatives. The Prime Minister has to fulfill certain criteria to fill in the position
and these includes being born in Malaysia and is a citizen of the country.
As the head of the cabinet, the Prime Minster is primus interpares, or in English
terms, the first among equals. As the executive head of the Government, the Prime
Minister answers to the Yang Di-Pertuan Agong on all matters pertaining to the
Government. The main tasks of the Prime Minister are to preside over the Cabinet,
coordinate policies and efforts of each portfolio in the government to aid in the smooth
administration of the country. In addition, he has other constitutional and statutory
obligations, including advising the Yang Di-Pertuan Agong on the appointment of
judges, ministers in the Cabinet, the service & Elections Commission and various senior
positions in the Civil Service.
Unlike the position of the Prime Minister, the Deputy Prime Minister’s position
has not been established by the Federal Constitution. He is, however, the most important
person after the Prime Minister who will carry out the administration process of the
country whenever the Prime Minister is not present or unable to carry out his duties.
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Legislative
In Malaysia, Legislative authority is in the hands of the Parliament, which comprises the
Senate, House of Representatives and the Yang Di-Pertuan Agong who heads the
Legislative Council. The Legislative Council functions as a law maker and has the
authority to raise taxes and authorise expenditure.
The Ninth Schedule of the Federal Constitution states that legislative power is
shared between the Federal Goverment and State Government, and systematically
distributes it in a Federal List, State List and a Concurrent List.
The Federal List covers the areas of external affairs, defense, internal security,
civil and criminal war, citizenship, finance, commerce and industries, shipping,
communication, health and labour. The State List comprises areas of land, agriculture,
forestry, local government, Muslim Law and several others.
In the Concurrent List, the areas covered are governed by both the Federal
Government and the State Government and include social welfare, scholarship, wildlife
protection, and town and country planning. It should be noted, however, that should any
dispute arise in these areas or there be any inconsistency among them, the Federal law
takes precedence over State law.
Parliament and Its Functions
As the supreme Legislative Authority in the country, Parliament formulates the laws that
are enforced in the nation and controls the finances of the Government. Parliament also
has the sole authority to raise Federal taxes as stipulated by the law and use revenue
channeled into the Consolidated Federal Funds. Parliament also acts as a synchronization
tool in which public opinions on national affairs are gathered and debated upon. Through
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this forum, the country is assured that all Government policies are in line with the wishes
of the citizens.
The members of the House of Representatives and the Senate are given special
privileges known as "Parliamentary Privileges", which prevent them from being tried in a
court of law on any offences which have taken place in Parliament.
The Federal Constitution also makes a provision for these privileges as stated in
Article 63(A), in which the members of parliament enjoy immunity from civil as well as
criminal proceedings with regards to any utterances made or any vote given by them in
Parliament.
These privileges are important since they enable the members of parliament to
discuss freely and at length, and debate over any mispropriety, scandals and other issues
which affect the nation. However, if any member breaches these privileges or stands in
contempt of any House, punishment will be strictly imposed on this particular person.
The Senate and the House of Representatives
The Senate comprises 69 members, known as Senators. Of this number, 40 are appointed
by the Yang Di-Pertuan Agong, from among citizens believed to possess excellent
records in public services, businesses, trade and commerce, have contributed much to the
benefit of the public or are representatives of ethnic or minority groups.
Each state will select two representatives from its Legislative Assembly and this
accounts for the other 26 senators. The final three members of the Senate will be
appointed by the Yang Di-Pertuan Agong where two will represent the Federal Territory
of Kuala Lumpur, and one will represent the Federal Territory of Labuan.
7. DMS5015 Topic 1: History and Politics
Sub Topic 1.4 : The Government Structure and System
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Senators have to be 30 years and older and remain in their office for a three-year
term, after which another senator will be appointed to serve the Senate. After the first
term, they cannot be re-elected for a continuous term or become a member of the Senate
again. If another Senator is appointed to replace a Senate member who is on leave or has
died, then the new Senator will hold this position for the time remaining until the term
expires.
The Senate reviews all Bills forwarded to it after these Bills have been passed by
the House of Representatives, and has the right to delay the enforcement of any bill
forwarded to them for a period not exceeding one year. The exception, however, lies with
any Money Bill, which has to be passed without any amendments or delay.
It should also be noted that the Senate has no authority to revoke any bill. Apart from
these functions, the Senate acts as a forum in which public officers and politicians are
given the opportunity to discuss issues of public interest.
The House of Representatives consists of 219 elected members who must be 21
years old and above. The life span of the House of Representatives is five years and
members are elected every five years, consistent with the country’s General Election. The
political party that wins the majority of the seats contested will form the Government.
The House of Representatives functions as the body that formulates laws for the
country. A bill is usually formed in the House of Representatives, where it is debated
upon and passed, and sent to the Senate. The House of Representatives also acts as
forum for its members to debate and question government policies.
No member of the Senate can become a member of the House of Representatives
or otherwise. In addition to this criteria, no member of the House of Representatives is
allowed to represent more than one district of election or any Senate member hold two
seats in the Senate.
8. DMS5015 Topic 1: History and Politics
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Legislative Proceedings
A Bill may originate in any two Houses; except a Money Bill, which has to originate
from the House of Representatives. Bill is required to undergo 4 stages, which are The
First Reading, The Second Reading, Committee Stage & the Third Reading. The first
stage known as the First Reading, is merely a formality in which a minister in the House
of Representatives will stand up and table the Bill. This is followed by the Second
Reading and the most important one, which may take place on the same day, (with the
exception of certain bills) where the policy of the bill is presented by the Minister.
If the bill is supported by another member of the House of Representatives, it is
then discussed and debated in detail. At the Committee level, which comes after the
Second Reading, members may reject or amend the bill. If the House finds the Bill
favourable, members take a vote by balloting and the Bill then moves on to the Third
Reading.
In the Third Reading, the particulars of the Bill will be debated and only errors in
spelling and syntax may be amended. From here, the bill moves on to the Senate
or will be sent to the House of Representetre if the Bill originates from the senate.
In the Senate, the Bill goes through the same procedure and if it is approved, the
Bill will be presented to the Yang Di-Pertuan Agong, who will then seal it with the
Keeper of the Rulers’ Seal. Only after being gazetted in the Government Gazette, the bill
will then become a Law.
Judiciary
As stated in the Federal Constitution, the judiciary is given the authority to hear and
determine criminal matters, interpret the legality of any legislative and executive acts and
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the Federal and State Constitutions. The Head of the Judiciary is the Lord President of the
Federal Court, which is the highest court in Malaysia.
In Malaysia, Judicial Authority is vested in the Superior and Subordinate Courts. The
Superior Courts comprise the Federal Court, Court of Appeal, the High Court of Malaya
and High Courts of Sabah and Sarawak. In Peninsular Malaysia, the Subordinate Courts
are established under the Subordinate Court Act 1948, and comprise the Penghulu’s
Court, Magistrate’s Court and Sessions Court. In East Malaysia, based on an amendment
made in 1981 to the Subordinate Court Act 1948, the Subordinate Courts comprise the
Court, Magistrate’s, Native Court and Sessions Court.
Hierarchy of the Malaysian Judicial System
[Source: (http://www.cljlaw.com/auth/open?url=/db/legalsys/courts.htm)
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In order to execute its judiciary functions without being partial in any way, the
Judiciary is independent of the Legislative Authority and Executive Authority. This is
clearly meted out in the Federal Constitution of Malaysia which has provided some
safeguards to ensure that judges can carry out their duties in their capacity as the
judiciary without fear or favour or acting in accordance with the desires and wishes of
either the Legislative or Executive Authority.
The Superior Courts
The Superior Courts are divided into Federal Courts, the Court of Appeal, the High Court
of Malaya, and High Court of Sabah and Sarawak. Being the highest court in Malaysia,
the Lord president of the Federal Court is the head of the Judiciary. The Federal Court
comprises the Chief Justice, the President of the Court of Appeal, the Chief Judge of
Sabah and Sarawak, and six Federal Court Judges. In each proceeding to be heard by the
Federal Court, there has to be a minimum number of three judges.
According to Article 121 (1) of the Federal Constitution, the Federal Court has
authority over appeals and can be referred to on various matters except those which come
under the jurisdiction of the Syariah Court. Among its functions include hearing appeals
on decisions meted out by the High Court in both civil and criminal cases; to hear
exclusively matters between any state and the Federal Government and issues pertaining
to the Federal and State legislation; matters arising from the High Court; and issues
pertaining to the Federal Constitution.
The Court of Appeal came into effect on 24th June 1994. The Court of Appeal is
presided over by the President of the Court of Appeal and 8 judges. As stated in Article
121 (1B) of the Federal Constitution, the Court of Appeal is authorized to hear any appeal
and decide on the outcome of any decision made by the High Court or criminal matter
decided by the Sessions Court.
11. DMS5015 Topic 1: History and Politics
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There are two High Courts in Malaysia, which are the High Court of Malaya and
High Court of Borneo (Sabah and Sarawak). The High Court has unlimited power in the
exercise of its jurisdiction over criminal and civil cases. However, only cases that are
beyond the jurisdiction of the subordinate courts are brought before the High Court. The
High Court consists of two Chief Judges (one in Peninsular Malaysia and one in Sabah
and Sarawak) and more than 50 Judges and Judicial Commissioners.
Subordinate Courts
The Subordinate Courts in Peninsular Malaysia are divided into the Sessions Court,
Magistrate’s and Penghulu’s Court. In East Malaysia, the Subordinate Courts comprise
the Sessions Court, Magistrate’s Court and Native Court.
The Sessions Court is the highest of the subordinate courts and has the authority
to hear all matters criminal in nature, except those that carry the death sentence. In civil
cases, the Sessions Court can hear matters pertaining to tenancy agreements, motor
vehicles, accidents and many more as long as the value disputed does not exceed
RM250,000.
In the case of the Magistrate’s Court, there are two, known as the First Class
Magistrate’s Court and Second Class Magistrate’s Court. In either court, one magistrate
presides. The first class magistrate has jurisdiction to hear offences which carry sentences
not exceeding a prison term of 10 years, offences punishable with a fine and civil cases
involving claims below RM25,000. The maximum sentence a magistrate can dish out is 5
years imprisonment, 12 strokes of the rotan, and a fine of RM10,000 or any combination
of above.
The second class magistrate has the jurisdiction to hear offences of which the
maximum term of imprisonment does not exceed a year or punishable with a fine only.
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The magistrate may sentence an offender to a maximum of 6 months’ imprisonment, a
fine not exceeding RM1,000 or both.
The Penghulu’s Court is the lowest of the Subordinate courts in Peninsular
Malaysia. This court has the jurisdiction to hear trials involving minor offences that carry
a fine not exceeding RM25. In civil matters, the Penghulu’s Court may only hear disputes
not exceeding RM50.
In Sabah and Sarawak, the Native Courts have jurisdiction over matters pertaining
to native laws and customs in which both parties are native and involve religious,
matrimonial or sexual issues. For civil cases, this particular court can hear cases that
involve disputes not exceeding RM50. It is under the scrutiny of the District Officer.
Other Courts
The Juvenile Courts have similar jurisdiction with the Magistrate’s Court and hear cases
involving offenders aged 18 and below. This court comprises a President and two lay
assessors who advice him on the sentence. This Court is closed to the public and if an
offender is found guilty, he or she is dealt with under the provisions of the Juvenile Act
until the age 21. All appeals on decisions made by the Juvenile Court are heard by the
High Court.
The Syariah Court deals with matters pertaining to the religious laws of the
Muslims and its jurisdiction is solely over Muslims. While this is true, it is also stated in
Article 121 of the Federal Constitution that the secular courts of Malaysia do not have
jurisdiction over matters that fall into the jurisdiction of the Syariah Court.
The Court-Martial has jurisdiction over any member of the various military forces
in the country. It consists of a President and at least two officers who must be present
during a trial.
13. DMS5015 Topic 1: History and Politics
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The Special Court was set up under Article 182(2) of the Federal Constitution
which states that "any proceedings by or against the Yang Di-Pertuan Agong or the
Ruler of a State in his personal capacity shall be brought in a Special Court established
under clause (1) of Article 182." This court has exclusive jurisdiction to hear all offences
committed in the Federation by the Yang Di-Pertuan Agong or the Ruler of a State.