14. parliament
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Malaysia has a parliamentary system of government where the head of government and cabinet are chosen from the majority party in parliament. The party that wins the most seats forms the government. Parliament has the authority to create and amend laws through a legislative process that involves bills being read and debated in both the Dewan Rakyat and Dewan Negara. Some of parliament's functions include legislative power to create or repeal laws, imposing and changing taxes, and approving the annual budget. However, parliament's legislative powers are limited by the constitution in certain areas like Islamic, Malay customary, and native laws of Sabah and Sarawak.
14. parliament
- 1. PARLIAMENT
- 2. • • • • • Malaysia practices a parliamentary system of government Head of government and Cabinets chosen from majority grouping or party in an elected assembly or parliament Party that wins the largest number of seats forms the government Parliament has the authority to legislate law through reading of bills (Rang Undang-Undang) in both Dewan Rakyat and Dewan Negara Dewan Rakyat has more power than Dewan Negara
- 3. • Some of Parliament functions are: • • • • legislative power: to legislate, amends or abolish law tax matters: impose new tax, increase / decrease/ abolish current tax approve annual budget Although Parliament has legislative power, it does not have the rights to legislate power as it wishes • Malaysia constitution has determined legislative power between the Parliament and Dewan Undangan Negeri
- 4. • Parliament can legislate law in the State List ONLY IF: • • • • to enforce any treaty, agreement or convention between Federal and any state government to standardize law amongst states to comply request by any state legislative body Parliament cannot amend law regarding: • • • Islamic matters Malay customs Sabah and Sarawak natives
- 5. LEGISLATIVE PROCEDURE • • • • A Minister or Ministry draws up a draft of the proposed law (bill) Draft will become LAW is approved by both Dewans and validated by the Agong The bill is then discussed at a meeting of Ministers The bill is then printed and distributed to the Members of Parliament (MP)
- 6. • In each DEWAN, the bill must go through FOUR phases • • • • • • • First Reading Second Reading Committee Level Third Reading First reading: the minister or his/her deputy presents it to the Dewan Rakyat and the House Secretary reads the brief subject matter Second reading: debated in detail – necessary amendments are made if necessary Committee level: Dewan Select Committee studies it against the MPs’ views and make necessary amendments.
- 7. • • • • • • • • Third Reading: bill is presented by the Minister or Deputy for approval Vote is taken: 2/3 of MPs Support is needed Presented to the Dewan Negara – same procedures repeated Presented to the YDPA to be passed A period of 30 days is given to consider the bill Disagree – bill return with reasons within 30 days Upon agreement: bill pass into law Law takes effect when announcement is made to the public by the Parliament
- 8. SPECIAL TERMS • Law passed by DUN – ENACTMENT • Law passed by Sarawak DUN – ORDINANCE • Law passed during emergency – ORDINANCE • Law passed by the Parliament - ACT