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FAG 1009 midsem > Introduction: Legislature, Executive and Judiciary > Flashcards

Introduction: Legislature, Executive and Judiciary Flashcards

1
Q

Primary function of legislature

A

To legislate, amend or repeal laws

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2
Q

Legislative authorities

A

Federal level - by the Parliament of Malaysia
State level - by the State Legislative Assembly

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3
Q

Parliament consists of :

A
  • YDPA
  • Senate (Dewan Negara)
  • House of Representatives (Dewan Rakyat)
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4
Q

Members of Senate

A
  • Total : 70
  • 40 appointed by YDPA
  • 26 elected by SLA of the 13 states (2 per state)
  • 2 from WP KL
  • 1 from WP Labuan
  • 1 from WP Putrajaya appointed by YDPA
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5
Q

Requirements to be a Senator

A
  • A Malaysian who is at least 30 years old
  • Term of office : 3 years
  • A senator cannot hold the post for more than 2 terms
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6
Q

Members of House of Representatives

A
  • Total : 222 (elected)
  • 209 MP are from the states of Malaysia
  • 11 from WP KL
  • 1 from WP Labuan
  • 1 from WP Putrajaya
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7
Q

Requirements to be a member of Parliament

A

Any Malaysian who is at least 18 years old can take part in an election to become a member of Parliament

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8
Q

Disqualification of members of Parliament or Senator (6)

A
  • is of unsound mind
  • is a bankrupt
  • holds an office of profit
  • spends more money than what is allowed under the law on his/her election campaign
  • is found guilty of an offence where the punishment is imprisonment of 1 year or more, or a fine of RM 2000 or more
  • becomes a citizen of another country
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9
Q

Vacancy in the Senate or House of Representatives

A
  • Happens if an MP or Senator dies, resigns or is disqualified
  • Must be filled within 60 days
  • A new MP must be elected in a by-election or a new Senator must be elected by the Sate or appointed by YDPA within 60 days after vacancy happens
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10
Q

Executive consists of :

A
  • YDPA
  • Prime Minister
  • Cabinet
  • Public services
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11
Q

How does the executive govern the country ?

A

According to the laws made by the Parliament

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12
Q

Roles of YDPA

A
  • YDPA is a constitutional monarch and Supreme Head of the Federation
  • Head of Islam in his home state and in Malacca, Penang, Sabah, Sarawak and the Federal Territories of KL, Labuan and Putrajaya
  • Supreme Commander of the armed forces of the Federation
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13
Q

Election of YDPA

A
  • Elected by the Conference of Rulers from among the 9 Rulers of the States for a term of 5 years and this selection is by rotation
  • Yang di-Pertua Negeri of the other 4 States cannot become YDPA and participate in the election
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14
Q

Functions of YDPA with advice of PM or Cabinet

A
  • Appointing judges
  • Appointment and dismissal of all Cabinet Ministers (save for the PM)
  • Making a proclamation of emergency (advice from Cabinet)
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15
Q

Functions of YDPA without advice of PM or Cabinet/can act on his own discretion

A
  • Appointment of PM. (must appoint a member of the HoR who in his judgement is likely to command the confidence of the majority)
  • Withholding of consent to a request to dissolve Parliament
  • Calling a meeting of the Conference of Rulers (concerned solely with the privileges, position, honours and dignities of Their Royal Highness, and any action decided at the meeting)
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16
Q

Prime Minister

A
  • Head of Government
  • Appointed by YDPA
  • In appointing the PM, YDPA acts in his own discretion
  • In practice, PM is usually the leader of the controlling party or coalition of political parties in the HoR
17
Q

Cabinet

A
  • Consists of all Ministers and is the highest policy-making body
  • The Ministers run and control the functions of the various ministries
  • Members of Cabinet must also be members of Parliament
  • Ministers are appointed from members of HoR by YDPA, upon advice of PM
18
Q

Public Services

A
  • Police force
  • Armed forces
  • Education service
  • Do not change with the government
  • Responsible for the day-to-day running of ministries and gov departments
19
Q

Courts set up by the Constitution

A
  • Federal Court, Court of Appeal, High Court
  • Referred to as the Superior Courts
  • Also sets up a Special Court for the YDPA and other Rulers
20
Q

Courts set up by the Parliament

A
  • Session Courts, Magistrates’ Courts, Industrial Court
  • Set up under the federal laws
  • Referred to as Inferior Courts
21
Q

Judiciary’s most important role

A

Protect the supremacy of the Constitution, to make sure that everyone obeys the Constitution

22
Q

Powers of Judiciary

A
  • Interpret the Constitution and decide if any law passed by Parliament or any act of the Executive is constitutional and valid
  • Check any abuse of powers by the Executive and the Legislature and can protect our fundamental rights

FAG 1009 midsem (4 decks)

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