Escolar Documentos
Profissional Documentos
Cultura Documentos
LECTURE 2
Federation
A federation
is a country whereby
a number of individual states join
together to form
an association of states.
The association is called a federation.
Federal System
The law made by the federal legislature is applicable and
enforceable throughout the country while the law made by
the legislature of a state is only applicable and enforceable
in the state.
The Parliament (federal legislature) cannot abolish a state on
its own and cannot make any law o matters that come
under jurisdiction of the state.
In Malaysia the constitution is supreme and it is the source
of authority for both federal and state governments.
The
constitution
is the
Supreme
Law of
Malaysia
Malaysia is a
Constitutiona
l Monarchy
There are
three branches
of Government
a) Legislature
b) Executive
c) Judiciary
Federal Constitution
FEDERAL CONSTITUTION
STATE CONSTITUTIONS
of Menteri Besar
CONSTITUTIONAL AMENDMENT
Simple Majority
3 important bodies.
PURPOSE : Division of roles based on the theory of power division to avoid misuse
of power, interference from one body with another and as a check and balance
measure.
a)
b)
Executive Cabinet
c)
Judiciary - Federal Court, High Court, Sessions Court, Martial & Syariah Court etc.
S e n a te
(D e w a n
N e g a ra )
E x e c u tiv e
House of
R e p r e s e n ta tiv e s
(D e w a n
R a k y a t)
J u d ic i a r y
C a b in e t
S u p e r io r
C o u rts
F e d e ra l
C ou rt
C o u rt o f
A ppeal
S u b o r d in a te
C o u rts
H ig h
C o u rts
H ig h C o u rt
o f M a la y a
M a g i s t r a te
C ou rt
H ig h C o u r t
Sabah &
S a ra w a k
S e s s io n s
C o u rt
J u v e n i le
C o urt
LEGISLATIVE
L e g is la t io n
( P a r l i a m e n t)
H is R o y a l H ig h n e s s
( Y a n g D i- P e r tu a n
A gong)
S e n a te
(D e w a n
N e g a ra )
www.parlimen.gov.my
H ouse of
R e p r e s e n t a tiv e s
( D e w a n R a k y a t)
LEGISLATIVE
HIS ROYAL HIGHNESS
The Council of Rulers elects His Royal Highness (HRH) as Paramount Ruler of the
a)
b)
calls & ends for parliamentary proceedings (following the advice of the Prime Minister)
c)
LEGISLATIVE
Made up of 3 components:
a)
b)
c)
LEGISLATIVE SENATE
29 members from the 14 states (including Federal Territory of Labuan & KL).
b)
40 members who are elected by HRH - excellent contributions in the public service,
trade, manufacturing, agriculture, cultural activities, community service or represent
minority groups etc.
LEGISLATIVE
HOUSE OF REPRESENTATIVES
Parties with the most votes can form a government to rule the
country.
LEGISLATIVE
HOUSE OF REPRESENTATIVES
After that, Bill will be approved before being presented to HRH for his
consent.
FEDERAL LEGISLATION
4 types of Act.
LEGISLATIVE PROCESS
Before any law can be called as Act, they are known as Bill.
First Reading
Second Reading
Committee Stage
When a bill is first introduced by one of the two houses, only the title is
actually read. After the Bill is passed at this stage, the text is printed and
distributed.
If the Bill required more detailed and scrutiny, the House may refer the Bill
to a selected committee but this rarely happen
..cont.
Third Reading
House of Senate
Royal Assent
Under Art. 66(4), the YDPA shall within 30 days after the
Bill is presented to him, assent to the Bill by causing the
Public Seal to be affixed thereto.
If 30 days expire and no assent is given, the Bill becomes
law.
Once the Bill is given Royal Assent, it becomes an Act.
Publication
EXECUTIVE
Transport
Finance
E x e c u tiv e
Works
Human
Resources
Agriculture
Culture, Arts
& Tourism
Defence
Foreign Affairs
C a b in e t
M in is t e r s & D e p u t y M in is t e rs
2 5 M in is t r ie s
Prime Ministers Dept.
Rural Dev.
Primary Industries
Education
Entrepreneur Dev.
Women &
Family Dev.
Energy, Comm.
& Multimedia
Home Affairs
Health
Housing & Local
Government
Information
Int. Trade &
Industry
CABINET OF MALAYSIAN
GOVERNMENT
A minister will present the Cabinet his / her plan & reports
of carrying out a policy under his / her ministry.
JUDICIARY
J u d ic ia r y
S u p e r io r C o u r ts
S u p re m e
C o u rt
C o u rt
of Appeal
S u b o r d in a t e C o u r ts
H ig h
C o u rt
H ig h C o u r t
o f M a la y a
S e s s io n s
C o u rt
H ig h C o u r t
o f B o rn e o
M a g is t r a te
C o u rt
J u v e n ile
C o u rt
JUDICIARY
Civil :
JUDICIARY MAGISTRATE
Civil - suits of a civil nature where the amount in dispute does not
exceed RM100,000.
a)
5 years imprisonment
b)
a fine of RM10,000.00
c)
whipping up to 12 strokes or
d)
LEGISLATION
State
: Legislative Assembly
Called as Enactment and Ordinance (Sarawak)
Word Ordinance also used for any law passed before Merdeka Day
and YDPA in case of Emergency (Art. 50)
Section 1:
Section 2
inn means any hotel, boarding-house or other place where any person is
harboured or lodged for any kind whatsoever of hire or reward and where
any domestic service whatsoever is rendered by the owner, lessee, principal
tenant, occupier or manager to the person so harboured or lodged, licensed
under any written law for the time being in force in Peninsular Malaysia;
rumah penginapan ertinya sesuatu hotel, rumah tumpangan atau tempat lain,
yang dilesenkan di bawah mana-mana undang-undang bertulis yang berkuat
kuasa pada sesuatu waktu tertentu di Semenanjung Malaysia, di mana seseorang
berlindung atau menginap bagi apa jua jenis sewa atau ganjaran dan apa jua
perkhidmatan domestik diberi oleh pemunya, penerima pajak, tenan utama,
penduduk atau pengurus kepada seseorang yang berlindung atau menginap itu;
Thats All :p