what is legislature (pad170)
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What's Legislature??and what types of legislature it have..find out more throughout this slide..TRANSCRIPT
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PAD170
GOVERNMENT & POLITICS
CHAPTER 2
LEGISLATURE
At the end of this chapter, you should be able to:
Understand the meaning of legislature;Identify the functions & features of legislature;To understand the legislative process in Malaysia.
Lesson Outcomes
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2.1 – Definitions & Functions2.2 – Appointment & Removal of Legislature2.3 – Types of Legislature2.4 – Differences between Legislature in U.S U.K & Malaysia2.5 – Legislative Process & Constitutional Amendments 2.6 – Delegated/Subsidiary Legislation2.7 – Direct Legislation
CONTENT
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2.1 – Definitions & Functions
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Elected, multi-member official government agencies that debates & ratifies laws;
A branch of govt that formulates & expresses the will of the state;
A type of representative deliberative assembly with the power to create, amend and ratify laws;
An organized body having the authority to make laws for a political unit.
Definitions
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Legislative function (Law-making):
Make, amend or replace laws;
Laws are introduced as ‘bills’ in the legislature;
Legislature debates the bill;
If bill is approved it becomes a law.
Functions
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Representative function:
Main forum of public opinion;
Represents the people in the govt;
Represents the various groups/interests within a nation;
Act as the eyes, ears & voice of the people.
Functions
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Amending the constitution:
Makes & amends the constitution;
3 methods of amending constitution:
•Direct vote;
•Amendment proposal followed by ratification by constitutional convention;
•Proposal followed by ratification of states.
Functions
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Supervision:
Monitor & supervise the executive branch;
Has the power to reject bills;
Parliamentary Q&A sessions.
Functions
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Financial function:
Theory of “no taxation without representation”;
Control & regulation of national finances by the legislature;
Presentation, consideration & authorization of national budget.
Functions
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Electoral function:
Some legislatures act as electoral college;
Become the tie-breaker in cases of deadlock.
Functions
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Judicial function:
Some have power to adjudicate the behaviour of administrative officials;
Can remove judges from office;
Court of impeachment.
Functions
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Inquest/Investigative function:
Make inquiries into matters of national interest;
Appoint commisions of inquiry.
Functions
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2.2 – Appointment & Removal of Legislature
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Members of the unicameral legislature & lower house in the bicameral legislature are appointed through elections/by-elections;
Malaysia: members of upper house are appointed by the govt and YDPA;
Method of membership may be different in other countries.
Method of Appointment
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Termination: refers to the process that causes a person to be disqualified from being a member of the legislature;
Malaysia: Article 48 of the Federal Constitution provides for the disqualification for membership of Parliament;
The method may be different for other countries.
Method of Removal
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2.3 – Types of Legislature
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A one house or chamber legislative assembly.
Advantages:
Allows speedy action & decision-making;
Clarity of responsibility;
No duplication or confusion of responsibility;
Less expensive;
Members are appointed by the people;
Better representation of the will of the people.
Unicameral
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Disadvantages:
Less check on hasty/ill-considered legislation;
Risk of a despotic legislature;
Heavy workload;
Lack of intelligent discussion or criticism.
Unicameral
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A two house/chamber legislative assembly.
Advantages:
Provides check of hasty/ill-considered legislation;
Avoids despotic legislature;
Lighter workload;
Better representation of various classes, minorities & professional interests;
More feedback, discussion & criticisms.
Bicameral
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Disadvantages:
Duplication of responsibility;
Slower legislative process;
Expensive;
Divides the legislature.
Bicameral
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Unicameral & Bicameral Countries
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2.4 – Difference between Legislature in U.S, U.K & Malaysia
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Malaysia U.S U.K Dewan
Rakyat House of
Representatives
House of Commons
222 MPs 435 reps 646 MPsLaw-making;Amend
constitution;National
forum;Check &
balance.
Law-making;Impeach
federal officials;Elect
president if no majority in electoral college.
Law-making;Impeach
ministers;Monitor
executive branch.
Lower House
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Malaysia U.S U.K Dewan
Negara Senate House of
Lords 70 senators 100
senators 746
Law-making; Discuss
various issues.
Law-making; Judges
impeachment cases;
Advise president on govt appointments.
Law-making; Highest court
of appeal; Judges
impeachment cases.
Upper House
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2.5 – Legislative Process & Constitutional Amendments
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Legislative Process in M’siaProvided under Article 66 of Federal
Constitution & the Standing Orders of both Houses;
3 types of Bills:
Public Bills: affects the community or alters general laws;
Private Bills: local or personal matters;
Hybrid bills: introduces as public Bills but deals with private bill matters.
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Preliminary Stages
A bill is usually introduced by the minister related to the topic of the bill;
Minister usually consults the Attorney General’s Chamber;
Consults various ministries & government agencies that may have interests in the bill;
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Preliminary Stages
Minister brings up proposed bill into Cabinet meeting to obtain feedback & endorsement;
If Cabinet agrees, minister informs Secretaries of both Houses;
Bills may be introduced in any House.
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Stages
First Readin
g
Second Readin
g
House Committe
e
Third Readin
g
Other House
Royal Assent
Govt Gazett
e
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First Reading
The minister will read the title of the bill & the reasons for its introduction;
No debate or amendment;
No debate or amendment;
The Bill is printed & circulated.
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Second Reading
The general principles of the bill are debated;
If accepted, it proceeds to the next stage;
If rejected, it could be modified & presented again or stops at this stage.
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House Committee
Debate on the details of the bill;
Less formal meeting;
Committee may call experts related to the bill;
May propose amendments;
Minister submits a report on the Bill to the House.
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Third Reading
Minister reports that the bill has been accepted with or without amendments;
Minister proposes that the bill be read a third time & voted on;
Amendments need to be put to a vote.
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Other House
Goes through the same process;
If the other makes amendments to the Bill, it must get the approval of the first House.
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Royal Assent
The Bill is sent to the YDPA for the Royal Assent;
YDPA has to approve within 30 days;
If YDPA does not approve?
Bill becomes a law upon publication in the govt gazette.
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Amendment: the process of altering, correcting or
changing for the better something or a document.
A constitution must be able to adjust to the ever-changing environment of a state;
Without amendments a constitution will become irrelevant & ineffective.
Constitutional Amendments
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Kenneth Wheare – 4 guidelines in the amending process:
Should only be amended after careful deliberations;
The people should be consulted;
Agreement btwn central & state govts (Federal system);
Rights of the minorities are protected.
Constitutional Amendments
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Reid Commission: “should not be too difficult as to produce frustration nor too easy as to weaken seriously the safeguards of the Constitution”.
Passed in each house by a majority of at least 2/3 of the members voting.
Constitutional Amendments in M’sia
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4 different methods of amending the Federal Constitution (Article 159 & 161E):
Simple majority in both houses;
2/3 majority of members in both houses;
Same condition as 2) & the consent of the Conference of Rulers;
Same condition as 2) & the consent of either the YDPN Sabah or Sarawak (1963).
Constitutional Amendments in M’sia
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Another method (Article 150) – Give the executive power to declare emergency;
The constitution does not specify which of the provisions those different methods apply;
Not required to obtain approval of the 11 peninsula states when amending provisions that may affect them;
Sabah & Sarawak: amendments require the consent of the head of state.
Constitutional Amendments in M’sia
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Examples:
Amendments to the Constitution in 1971;
Constitutional Crisis of 1983;
Judiciary Crisis of 1988;
The Issue of Rulers Immunity in 1993.
Constitutional Amendments in M’sia
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Only the state legislative assembly can pass amendments;
Need at least 2/3 vote of the total members;
States with sultans: provisions regarding them & their families can only be amended by the sultan via proclamation;
Negeri Sembilan: ruler must act with the advice & agreement of the ruling chiefs;
States without sultans: YDPN virtually has no role.
Amending State Constitutions
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2.6 – Subsidiary Legislation
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“…any laws made by authorized person who has been given the power to do so…” (Tun Salleh Mohd Abas);Any proclamation, rule, regulation, order, notification or by-law made under any Ordinance or Enactment & having legislative effect (Section 3 of Interpretation Acts 1948 & 1967);Law passed by a subordinate authority under powers conferred by an Act @ parent/enabling Act.
Subsidiary/Delegated Legislation
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Parliament & State Assemblies: confer/delegate some legislative powers to a person/body;
Reason: functions & responsibilities of govt are becoming more complex & expansive;
Example:
Insurance Act 1963 (Revised 1972):
•Section 45: gives Minister power to make regulations to carry out objectives of the Act.
Subsidiary/Delegated Legislation
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Ministerial regulations can be rescinded by the Minister if it becomes impractical or outdated (Eleventh Schedule of the Federal Constitution);
If parent Act is repealed, the subsidiary legislation will cease to exist.
Subsidiary/Delegated Legislation
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Useful in times of emergency or circumstances which demand flexibility;
Example:
Currency control during the 1998 financial crisis.
Advantages
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Too much legislative power with people who are not responsible to the Parliament or the people.
Disadvantages
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Consultation:
Conduct consultations with organized interest groups or advisory groups before making regulations;
Parent/enabling Acts can make consultations mandatory.
Control of Subsidiary Legislation
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Publicity:
Make rules/regulations available to the public;
Subsidiary legislation should be published in the Gazette.
Control of Subsidiary Legislation
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Parliamentary Control:
Parliament may repeal the provision or the parent Act itself;
Parliamentary questions to the minister;
Present the rules/regulations to the Parliament.
Control of Subsidiary Legislation
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Judicial Review:
Declare subsidiary legislation invalid if it was made in excess of statutory authority conferred by the parent Act.
Control of Subsidiary Legislation
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2.7 – Direct Legislation
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A process where the people are directly involved in the law-making process;
Associated with the concept of direct democracy;
Types of direct legislation:
Referendum
Initiative
Recall
Direct Legislation
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Deciding on a law or constitutional amendment by means of popular vote at the request of govt or legislature;
Referendum must be ratified by the required majority of the people.
Referendum
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Two types of referendum:
Facultative/Optional:
After law is passed by legisltr, it is submitted to specified number of people for endorsement.
Compulsory/Obligatory:
All bills must be referred to the people for endorsement before it becomes a law.
Referendum
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Maintains the principle of popular sovereignty;Indicator of public opinion;Minimizes importance of political parties;Can resolve deadlock in a bicameral legislature;Encourages patriotism & sense of responsibility;Less radical process, avoids drastic changes.
Advantages of Referendum
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Undermines the prestige of the legislature;
Average citizen not qualified to form an opinion on legislative issues;
Does not fairly represent public opinion;
Too frequent referendum can result in electoral fatigue.
Disadvantages of Referendum
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A process where citizens can propose legislative or constitutional changes without regard to the opinion or wishes of the legislature;
Inherent right of the people.
Initiative
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2 forms of initiative:
Formulative:
Proposal is formulated in a form of a bill complete in all aspects;
Legislature must consider the proposal.
General terms:
Proposal is made in general terms;
Legislature must draft, consider & pass the law.
Initiative
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Necessary for the development of popular sovereignty;
People are ready & willing to obey laws;
Minimizes risk of political upheaval;
Gives people the right to propose laws that they really need.
Advantages of Initiative
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Reduces the authority & responsibility of the legislature;
Law-making process is difficult & complicated;
Risk of the people proposing ‘unwise’ rules.
Disadvantages of Initiative
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