12. structure of national administration

8/12/2019 12. Structure of National Administration

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STRUCTURE OF NATIONAL

ADMINISTRATION


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In the modern system of government, three essentialdivisions play respective roles in the smooth runningof a country.

Government

Legislature Executive Judiciary

Portrait of Montesquieu

in 1728
http://www.rjgeib.com/thoughts/montesquieu/montesquieu-bio.htmlhttp://www.rjgeib.com/thoughts/montesquieu/montesquieu-bio.htmlhttp://en.wikipedia.org/wiki/Image:Charles_Montesquieu.jpg


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THE LEGISLATURE

This division is the Parliament which makes the law.

The constitution states that Parliament consists of 3components:

i) Yang di-Pertuan Agongii) Dewan Negara (House of Senate)

iii) Dewan Rakyat (House of Representatives)

The Parliament Structure

Yang di-Pertuan Agong

Dewan Negara Dewan Rakyat
http://www.parlimen.gov.my/eng-index.phphttp://www.parlimen.gov.my/eng-index.php


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The role of Parliament:

i. To legislate, amend and annul bill of

lawii. To enact laws concerning defense,

safety, finance, education, welfare etc

iii.To introduce new taxes

iv. To approve the national budget for acertain year


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Yang di-Pertuan Agong

Is the head of:

i) Legislative

ii) Executive

iii) Judiciary

Empower to put into law, bills that have beenpassed by Dewan Rakyat dan Dewan Negara.


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Dewan Negara

Headed by the Yang Dipertua (the President).

Must be a member of the Senate.

Assisted by a Deputy Yang Dipertua and aDewan Secretary.

Members are known as Senators.

Senators are appointed, not elected.

Consists of 70 members.

YB Tan Sri Dato' Seri Dr.

Abdul Hamid Pawanteh


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Membership is made up of two categories:-

a) 26 members appointed by the StateLegislative 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 thePrime 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


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The tenure of office is a three-year term for amaximum of 2 terms.

The life of the Senate is not affected by the dissolutionof Parliament.

Senators are drawn from the ranks of distinguishedindividuals.

The role of Dewan Negara:

i) to discuss and pass bills that have been passed bythe Dewan Rakyat;

ii) does not possess the power to reject the billspresented to it;

iii) only empowers to delay passing a bill for a periodof one month if it does not agree with them.


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Serve for five years (subject to Parliamentdissolution).

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.

Speakers duties:

i) to chair the Dewan Rakyat;

ii) to ensure the rules and regulations are adhered bythe members;

iii) to punish the non-cimpliance members;

iv) to inform Election Commission should there be avacancy in Dewan Rakyat.


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THE EXECUTIVE (GOVERNINGBODY)

Constitutes the Cabinet, led by PrimeMinister.

Cabinets comprises the Ministerselected.

Each minister leads a ministry unit.
http://www.pmo.gov.my/http://www.pmo.gov.my/http://www.pmo.gov.my/http://www.pmo.gov.my/


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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 theadvice of the Prime Minister.


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The High Court

The highest court is the Federal Court.

Has the power to decide on appeals aboutdecision of the Appeals Court, High Court or aJudge.

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


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The Lower Courts

Consist of Session Courts and Magistrate Courts

Session courtsare the highest courts of the lowercourts

Under the jurisdiction of a Session Court Judge Hear all kinds of civil and criminal cases, except

those carry death penalty

Magistrate Courtspresided by magistrates (ofClass One or Class Two)

Empower to hear all minor criminal cases, notexceeding ten years of jail


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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 betweenemployer and employee

- appeal can be made to the High Court

MILITARY COURTS

- to hear cases involving members of the armedforces.


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THE SYARIAH COURTS

- Hearing cases concerning the administration ofIslamic 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.

12. structure of national administration

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