STRUCTURE OF NATIONAL ADMINISTRATION

In the modern system of government, three essential divisions play respective roles in the smooth running of a country.

Government
Legislature Executive Judiciary

Portrait of Montesquieu in 1728

THE LEGISLATURE
This division is the Parliament which makes the law. The constitution states that Parliament consists of 3 components: i) Yang di-Pertuan Agong ii) Dewan Negara (House of Senate) iii) Dewan Rakyat (House of Representatives) The Parliament Structure Yang di-Pertuan Agong Dewan Negara Dewan Rakyat

 The role of Parliament: i. To legislate, amend and annul bill of law ii. To enact laws concerning defense, safety, finance, education, welfare etc iii.To introduce new taxes iv. To approve the national budget for a certain year

Yang di-Pertuan Agong

Is the head of: i) Legislative ii) Executive iii) Judiciary Empower to put into law, bills that have been passed by Dewan Rakyat dan Dewan Negara.

Dewan Negara
Headed by the Yang Dipertua (the President). Must be a member of the Senate. Assisted by a Deputy Yang Dipertua and a Dewan Secretary. Members are known as Senators. Senators are appointed, not elected. Consists of 70 members.
YB Tan Sri Dato' Seri Dr. Abdul Hamid Pawanteh

 Membership is made up of two categories:a) 26 members appointed by the State Legislative 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 the Prime 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

 The tenure of office is a three-year term for a maximum of 2 terms. The life of the Senate is not affected by the dissolution of Parliament. Senators are drawn from the ranks of distinguished individuals. The role of Dewan Negara: i) to discuss and pass bills that have been passed by the Dewan Rakyat; ii) does not possess the power to reject the bills presented to it; iii) only empowers to delay passing a bill for a period of one month if it does not agree with them.

Dewan Rakyat
Headed by the Speaker. Speaker can be a member or non-member of the Parliament but who is qualified for election into the House. The Speaker is assisted by 2 Deputy Speakers (parliamentary members). The Secretary will be appointed by the YDPA. Members are politicians who have won the parliamentary seats. Parties with the most votes can form a government to rule the country. 219 members representing 219 constituencies.

 Serve for five years (subject to Parliament dissolution). 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 by the members; iii) to punish the non-cimpliance members; iv) to inform Election Commission should there be a vacancy in Dewan Rakyat.

 Discretionary power of the Speaker: i) to allow or reject questions from members; ii) to determine whether the questions should be answered by Minister; iii) to postpone an assembly; iv) to ask member to leave or stop member from attending the assembly.

The role of Dewan Rakyat: - to enact and discuss matters related with the interest of the people and the country.

YB Datuk Pandikar Amin Mulia

THE EXECUTIVE (GOVERNING BODY)

Constitutes the Cabinet, led by Prime Minister. Cabinets comprises the Ministers elected. Each minister leads a ministry unit.

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 the advice of the Prime Minister.

The High Court

The highest court is the Federal Court. Has the power to decide on appeals about decision of the Appeals Court, High Court or a Judge. 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

The Lower Courts

Consist of Session Courts and Magistrate Courts Session courts are the highest courts of the lower courts Under the jurisdiction of a Session Court Judge Hear all kinds of civil and criminal cases, except those carry death penalty Magistrate Courts presided by magistrates (of Class One or Class Two) Empower to hear all minor criminal cases, not exceeding ten years of jail

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 between employer and employee - appeal can be made to the High Court
MILITARY COURTS

- to hear cases involving members of the armed forces.

THE SYARIAH COURTS - Hearing cases concerning the administration of Islamic 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.