The Malaysian Legal System

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Date added: 17-06-26

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1. INTRODUCTION Malaya obtained independence on August 31, 1957 from British colonial rule. Malaysia was established in September 16, 1963. It is made up with 13 states and three federal territories components. Malaysia belongs to a parliamentary monarchy. The supreme head of the country is called the Yang Di-Pertuan Agong¼ˆYDPA¼‰. YDPA is selected by rotation from the council of rulers. The government is made up of the House of Representatives or the coalition, and the leader is called the prime minister. The government can provide a stable social environment in the process of industrialization. The branches of government are Legislative, Executive and Judiciary. Each has its own role, and they do not overlap. The Legislature can be driven into two parts: Federal level and State level. The Executive also has the same parts. The Judiciary has different several levels. With the development of economic, it will be very beneficial to the democratic process. 2. MAIN BODY 2.1 LEGISLATIVE 2.1.1 FEDERAL LEVEL The Federal Level includes YDPA, the Senate and the House of Representative. The first important point is the Yang Di-Pertuan Agong¼ˆYDPA¼‰. YDPA YDPA is the supreme head of the country and can hold the post for five years. If he withdraws from the position or death or has other situations, the period will be shortened. The selection has several different standards. For example, YDPA must be selected by rotation from the Council of Rulers. One of the important is receiving more the council’s members’ support. Of course, YDPA has discretionary power. He can ask for the meeting of ruler council and appoints prime minister according to his desire. The Senate The second important point is the Senate. It is made up of 69 members. They are chosen from different position. Two of them come from the state legislative assembly, and most of them are chosen by YDPA. They can debate and check on the bills which are already passed by the House of Representative. But if they do not attend the meeting more than 6 months without reasonable explanation or permission, their rights will be deprived. The House of Representative The third important point is the House of Representative. The members here are known as “Yang Berhormat”. The members are more than the Senate, and has 193 members. They responsible for drawing up the bills and debate with them. If they also do not attend the meeting, they will have the same result. Of course, if they do not work, they can write a resignation letter to the Yang Di-pertuan House of representative. 2.1.2 STATE LEVEL Rulers The Ruler is the head of thestate, and hemanages the relevant things which in his own state. Themain functions of the ruler is to existence the state's legislative assembly with the decision, when it is necessary, he will have the right to dissolve the state legislative assembly.At the same time, he has an importantauthority to appoint and remove the chief minister. In addition, he has the responsibility to lead the Islamic religion or local custom. Besides, a state which does not have a Ruler can be called Yang Diperdua Negeri. State Legislation Assembly About the State Legislative Assembly information, 13 states have their own State Legislative Assembly and so far there have been more than 20 years. State Legislative Assembly’s responsible for drafting the copy and discussed, improve the draft and cannot represent more than one voter’s opinion. Also be known as “Yang Berhormat”. Strictly in accordance with the provisions of, can the very good driving power of State Legislative Assembly, to become better. 2.2 EXECUTIVE 2.2.1 FEDERAL LEVEL YDPA YDPA is the head of the country supreme that we already discussed. Council of the Rulers Next is Council of the Rulers, it consists of all rulers as members and the function of the Council of the Ruler is that Every five years selected YDPA, the members of the council of the rulers can vote to choose the YDPA and also can depose the YDPA which does not give the contribution to the country, but only the hereditary ruler has the right to vote the YDPA. Except that, the Parliament also has a duty to protect the legal status of the Malay and Islam. Prime Minister and Ministers The third component is Prime Minister and Ministers. It is the leader of the administrative office in Malaysia, chosen by the YDPA and the YDPA must appoint a member of the House of Commons which has congressional majority support as prime minister. In addition, the minister is proposed by the prime minister then the YDPA decided to select him to help the prime minister to participate in decision-making, at the same time, the minister and his departments need to perform the orders of their superior. Cabinet Cabinet is an administrative agencyof the Malaysian government, the subordinate of cabinet can be divided into many departments, and each department has to exercise their relevant responsibilities also they have a common duty. At the same time, the cabinet can determine the government's policies. Besides, the cabinet members must be elected from the congress, the YDPA will be according to the list, whichsubmittedby the prime minister to choose the cabinet ministers and deputy ministers, cabinet ministers hold the cabinet meeting every Wednesday on a regular basis. 2.2.2 STATE LEVEL Rulers or YDN The first one is Ruler/Sultan or Yang Dipertua Negeri (YDN). The other parts we already discussed. Menter Besar or Chief Minister The chief minister is a state-level administrative leader of government, he was appointed by the ruler. The chief minister has the responsibility for carrying out the Ruler's orders. At the same time, the chief minister can put forward some suggestions and countermeasures. Meanwhile,he also has the decision to the relevant policies within the state.In addition, he can appoint or dismiss his subordinate department members from his post. State Executive Council The State Executive Council is similar to the Cabinet at the Federal Level.The Ruler of the State appoints firstly the chief ministers from the members of the Legislative Assembly who in his opinions is likely to command the majority of the members of the assembly.Then the Ruler appoints members of the Executive Council in consultation with the chief ministers. And the State Executive Council has the authority to make policies and implement them, at the same time its members follow the principle of common responsibility. 2.3 JUDICIARY TheJudiciary is the system ofcourts, it is the name of the statewhich is interpreted and applies thelaw. That is based on the equality debate of prosecutor and defendant. Superior Courts Federal Court It is the highest court in Malaysia. The president of the Federal Court, the president of the Court of Appeal and Malaysia judge, Sabah & Sarawak judge and the other seven Federal Court judges are seated in it. There is only one Federal Court and Court of Appeal, but each of the state has its own high court. And the Federal Court hears appeals from the Court of Appeal and High Court. On the other hand, the Court of Appeal has three judges, it hears appeals from the High Court and it can also hear appeals from the Sessions Court, if the case is in the public interest. High Court TheHigh CourtsinMalaysiaare the third-highest courts in the hierarchy ofcourts, after theFederal Courtand theCourt of Appeal. And it has forty-seven judges in Malaya and ten judges in Sabah and Sarawak. It has unlimited Civil Jurisdiction, and it hears the matters
  • Bankruptcy and winding up of the companies
  • The marriage (divorce)
  • Injunctions, specific performance
Syariah Court There is a system of State Syariah Court, which has limited jurisdiction over matters of state Islamic law. And the Syariah Court has jurisdiction just over matters related to Muslim. There is also no more than three years imprisonment. Subordinate Courts. Both of the sessions courts and magistrates courts are focused on criminal and civil matters, Sessions Court It is responsible for adjudicating matters related to criminal cases, especially the murders, theft, and other such cases, but except punishment by death. Magistrate Court It is divided into two parts, First class and Second class magistrates. But the Second Class Magistrates are not appointed now. In the criminal matters, First Class Magistrates’ Courts have the power to make sure that all agencies imprisonment no more than 10 years. 2.4 CHINA 2.4.1 LEGISLATIVE Compared with the legislative system in Malaysia, China's Legislative System is single. China is a country of all rights belong to the people, the people exercise their rights institution is National People's Congress (NPC). The NPC is the highest organ of state power. Held once a year, representatives from the provinces, municipalities and autonomous regions elected to participate, each person's term of office is five years. More than half said the decisions in favor of the establishment, allowing the country to promote the implementation. 2.4.2 EXECUTIVE The central government: The Highest Administrative office in China is called the State Council; the main function of the State Council is that to execute the command of the authority office. Besides, the head of the State Council is the prime minister, and the State Council is made up of the prime minister, vice-premier and each department ministers. The vice-premier and each department ministers are responsible to the prime minister. The Prime minister can be in office five years, and he can be chose by the National People's Congress. In addition, the power of the prime minister is the final authority of decisions, and decide the appointment of the vice-premier and each department ministers. The Local government: Provincial governors are the head of the province also is the head of the local government. The main function of the provincial governor is that to put forward the development plans and promote urban construction. The provincial governor also can work for five years and they have the similar work to the prime minister, but they just focus on their own province. And the Vice-provincial governors are acting as the adviser of the provincial governors. 2.4.3 JUDICIARY Adjudication Organ The Supreme Court of the People's republic of china is the Highest Judicial Organ. The Local People's courts are divided into three: the Grassroots People's Courts, the Intermediate People's Court, the Supreme People's Court. Pro-curatorial Organ People's Procuratorate for legal supervision countries. People's Procuration of the People's Court in accordance with the level of control of the establishment, in addition to the municipality control Intermediate People's Court set up, at all levels, said the People's Procuration. But also the establishment of the military Procuration and railway transportation Protectorate and other specialized Procuration. Public Security Organs The state of the investigating authorities, and to assume the maintenance of public order, civil dispute mediation and other quasi-judicial functions. State Security Organ The National Security Authorities relatively independent. Responsible for anti-power and key places to defend the transaction. The National Prison System The correct execution of the Prison Sentences Mission is to punish and rehabilitate offenders, in order to achieve the purpose of preventing and reducing criminals. Compared with China First of all, because of the different historical background, Malaysia and China's political system also has differed. Belongs to the republic of China, the Chinese government is the People's Congress System, belongs to a Parliamentary Republic. Ruled by Britain and Malaysia for a long time, belong to the Common Law Legal System. In China's constitution, China is a country of the People's Democratic Dictatorship, all power belongs to the people of the country, the people can through various channels and forms, the national, economic, cultural and social affairs management. Especially the election of the President in the next 5 years, citizens under the age of 18, regardless of nationality, race, sex, occupation, family background, religious belief, education, property status, living period, has the right to vote and the right to vote. Reflected in the equal legal authority. China as a Socialist Country. Developing socialist democracy, improve the socialist law, gradually realize the industry, agriculture, national defense and the modernization of science and technology, so I think the Chinese system more humanized. 3. CONCLUSION Malaysia as a country with a constitutional monarchy, as in the maintenance of Parliamentary Democracy, at the same time also respects the Malay variety of cultures, to a certain extent for the tourism development of later also brought a good opportunity. Second, economically, Malaysia by the original on the basis of agricultural economy, into a predominantly manufacturing and industrial economy, especially on the computer and consumer electronics products have greatly improved. Malaysia is from an ordinary developing countries into an emerging industrialized countries. Finally, in politics, Malaysia also has a pivotal position in Asian countries, is the world's 17th largest trading nation. With China and other countries also have close relations of cooperation is the first largest trade partner of China and Sean. Word count: 2183 1
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