Escolar Documentos
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Learning Outcome
At the end of the lesson, student are able to: a)Explain the fundamental rights and Malay special right in the Constitutions b)Explain the process of election
Fundamental Liberty
o Provision of basic right in Malaysia are stated in the written constitution o Basic freedom is given to the people so that their basic right is protected from being oppressed
the Commission In 1995, Tan Sri Dato' Musa bin Hitam, elected as the Chairman of the 52nd session of the UNCHR. In Tan Sri Musa, suggested to the Government to establish its own independent national human rights institution.
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Fundamental Liberty
Constitution of Malaysia guarantees the following fundamental liberties: Article 5-Right to life and personal liberty Article 6-Prohibition of slavery and forced labour Article 7-Protection against retrospective criminal laws and repeated trials Article 8-Right to equality before the law Article 9-Prohibition of banishment, Freedom of movement
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Fundamental Liberty
Article 10-Freedom of speech, assembly and association Article 11-Freedom of religion Article 12-Rights in respect of education Article 13-Rights to property
Freedom of Movement
o A Malaysian citizen cannot be banished or excluded from the country.. o All citizen have rights to move freely and live in any part of the Federation. o However this right is subject to the law relating to national security, public order, public health or punishment of offenders. o Special position of Sabah and Sarawak- law can control who can enter and stay in Sabah and Sarawak.
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Rights to Property
Malaysian have right to own property. A persons property cannot be taken away unless the law allowed it. If law allows for a persons property to be taken away, the person must be paid adequate compensation for the property.
Freedom of Religion
Every person has the right to practice a religion and to propagate it. They can have their religious activities as long it did not effect the public peace. A person cannot be forced to pay any tax where the money will be used for purposes of the religion which is not his/hers. Law may passed to control or restrict the propagation of any religion doctrine among the Islam. All the aspect of freedom of worship should not disturb the public peace.
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ELECTION PROCESS
Perlis Kedah Kelantan Terengganu Pulau Pinang Perak Pahang Selangor Negeri Sembilan Melaka Johor Federal Territory (Kuala Lumpur) Federal Territory (Putrajaya) Federal Territory (Labuan)
Total for the States in the Peninsular
25 31 222
60 71 576
According to Article 160 (2) Elector-person who is entitled to vote in an election to the House of Representative or Legislative Assembly of a State
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the date of nomination of candidate, the place and time of election (for individual wish to contest in the election) for every electoral constituency
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Nomination Day
Nomination day refers to the day fixed by the Election Commission for candidates to submit their nomination papers, to contest in the election, Nomination centres are set up in various locations by the Election Commission to allow candidates to register themselves. Any Malaysian citizen may register as a candidate as long as he is not disqualified from doing so.
Nomination Day
The nomination papers can be submitted by the candidate, the proposer and seconder or by anyone of them The papers must be submitted between the time of 9.00 am and 10.00 am on nomination day. Between 10.00 am and 11.00 am, the nomination papers will be displayed for scrutiny & objection. In the case where only one candidate is nominated the Returning Officer will declare him as elected without contest.
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Deposit
A deposit of RM 10,000 for a parliamentary seat and RM 5,000 for a state seat has to be submitted to the Returning Officer before nomination day or during the filing of nomination papers. The deposit will be forfeited if the candidate fails to secure 1/8 of the total number of votes polled by all the candidates in the constituency.
Campaign (1)
A campaign can only begin after completion of the nomination process and should end at 12.00 midnight before polling day. The Enforcement Officer is appointed to responsible overseeing campaign materials, election speeches and public rallies, to ensure that the provisions of Elections Laws and Regulations are not breached.
Campaign (2)
The Commission also sets up various committees at Federal/State/constituency levels to brief political parties, candidates, or their agents and workers on the Commission's laws and regulations. Normally, election campaigns take the form of : a)Distribution of pamphlets, handbills, letters b)Posters c)Closed-door talks and meetings d)House to house canvassing
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Campaign (3)
Political parties are allowed to unveil and explain their party manifesto. They can also use the electronic media. Besides the deposit, the candidates also have to pay a deposit of RM5,000 for parliamentary elections and RM3,000 for state elections. This deposit will be returned if the candidates remove all posters, banners etc within 14 days after the elections.
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Polling Day
Polling day refers to the day electors cast their vote. Officially, this day starts after 12.00 midnight and ends with the announcement of the results. Polling time a)Peninsular Malaysia : from 8.00 am to 5.00 pm b)Sabah and Sarawak :from 7.30 am to 5.00 pm
Polling Day
The Election Commission normally issues a general notice informing the public of important matters concerning the election. They include : a) date of polling b) location of polling stations c) time of polling at all the polling stations d) location of counting and tally centre
Polling Day
On election day, registered voters may cast their ballot for their chosen candidate in a designated voting centre. These voting centres are typically schools or community centres and all activities in the school are suspended for that day. The party is allowed to establish an operation room as long as it is not closer than 50 meters from the polling centre.
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Election Offences
It is an offence a)to provide food, drinks or refreshments with a view to induce voters to either vote for a particular candidate or not vote at all. b)to provide monetary rewards for voting for a certain candidate. c) to threaten a person to vote for a candidate or not to vote. d)to obstruct passage to and from a voting centre
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Election Offences
It is an offence e) to set up a location for any candidate within 50 yards (50 m) of the voting centre f) to provide transportation to a voting centre. However, this is not normally enforced as all parties do this to some degree.
Voting Process
Voting is by secret ballot.
An elector will cast his vote for one candidate only by marking the ballot paper with a sign "X" against the name of the candidate of his choice. After marking the ballot paper the voter will fold it and insert it in the ballot box provided either "PARLIMEN" and "NEGERI The voting formula is one vote for one candidate means that every voter can only choose one candidate whom he thinks in qualifies to represent him and vote once only
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Postal Voting
The postal votes are mailed, as early as possible, to electors who are entitled to vote by the postal vote method.
Postal voting are absent voters who include a)members of the armed forces and their spouses, b)students overseas and their spouses c) civil servants serving overseas and their spouses d)Election workers e)Members of the Royal Malaysia including the spouses of those in the Police Force f) Members and officers of the EC
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Agents
The law permits a candidate to appoint a polling agent for the purpose of safeguarding his interest at every polling station at any one time. The role of the agent is to ensure that the voting is conducted in accordance with the relevant laws and regulations.
Agents
Responsibilities:
Counting of Votes
carried out by the Presiding Officer at the polling station or at a specified central counting place. During the counting of votes only authorised persons are allowed to enter. They are :
a) members and officers of the Election Commission b) officers appointed by the Election Commission; c) counting clerks; d) candidates, their election agents and their counting agents.
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the Returning Officer for the constituency will announce the candidate obtaining the majority of votes and confirm the winner. The decision of the Returning Officer cannot be challenged. Any party not satisfied with the decision of the election can submit an election petition to the Election Court.
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Election Petition
The results of the election can be challenged in court. A petition can be lodged on the following grounds: a)bribery, intimidation or any misconduct that may have affected the result of the election; b)non-compliance with Election Laws and Regulations; c) corruption or illegal practice committed by the candidate or any of his agents; d)the candidate or his agent found to be not qualified to contest in the election.
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Election Petition
The election petition may be presented to the Election Court within 21 days after publication of the results in the Gazette. If the Election Judge, after conducting a trial over an election petition, decides the election to be void, the Election Commission will give notice of a fresh election for the constituency concerned.
Controversy Issues
Phantom Voter- dead voters who participate in elections The usage of election transparent ballot box Press freedom Free and fair election Indelible ink
1. Choose the correct statements regarding the general election: I. After the dissolution of Parliament, the election must be held within 60 days in the Peninsular Malaysia and can exceed 90 days in Sabah and Sarawak. II. By-elections may not need to be held if the period of State Legislative Assembly ends in less than the two year period. III. After 120 days of dissolution of Parliament, a new government must be formed. IV. An individual cannot contest in an election if he does not represent a political party.
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3. Representatives elected by the people are: I. The Senators. II. Members of the State Legislative Assembly. III.Members of The House of Representative. IV.The King. A.I & IV. B.I & II. C.II & III. D.I, II & IV. E.All of the above.
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4. When Parliament is dissolved in Sabah and Sarawak, a general election must be held within_________ days.
A.30 days. B.45 days. C.50 days. D.60 days. E.90 days.