WHAT DID I LEARN ABOUT JUDICIARY AND EXECUTIVE
EXECUTIVE
PRIME MINISTER
THE FIRST ROLE OF A PRIME MINISTER IS TO BE THE HEAD OF GOVERNMENT
THE PRIME MINISTER CAN BE APPOINTED BY THE YANG DI-PERTUAN AGONG AS STATED IN THE ARTICLE 43 OF THE FEDERAL CONSTITUTION
THE PRIMEMINISTER MUST COME FROM THE HOUSE OF REPRESENTATIVES
THE PRIME MINISTER NEEDS THE MAJORITY CONFIDENCE BY THE MEMBERS OF THE HOUSE OF REPRESENTATIVES
THIS CAN BE COMPARED AND RATIONALIZED IN THE CASE OF TUN DATU HAJI MUSTAPHA BIN DATU HARUN v TUN DATUK HAJI MOHAMED ADNAN ROBERT
PRIME MINISTER MAY BE DISMISSED
THE PRIME MINSTER MAY RESIGN BY GIVING A RESIGNATION TO THE YANG DI-PERTUAN AGONG
THE PRIME MINISTER CAN BE DISMISSED BY VOTE OF NO CONFIDENCE OR WHEN HE LOSES THE MAJORITY CONFIDENCE OF THE HOUSE OF REPRESENTATIVES
IF THE PRIME MINISTER REFUSED TO RESIGN, THE YANG DI-PERTUAN AGOMG
PUBLIC SERVICE BASED ON ARTICLE 132 OF THE FEDERAL CONSTITUTION
ARMED FORCE
EDUCATION SERVICE
THE POLICE FORCE
JUDICIAL AND LEGAL SERVICE
GENERAL PUBLIC SERVICE OF THE FEDERATION
PUBLIC SERVICE OF EACH STATE
THE JOINT PUBLIC SERVICE(ARTICLE 133 OF THE FEDERAL CONSTITUTION)
YANG DI-PERTUAN AGONG
YANG DI-PERTUAN AGONG IS A HEAD OF STATE
THIS MEANS THE YANG DI-PERTUAN AGONG ONLY REIGNS BUT DOES NOT RULE
HE HAS 3 TYPES OF POWERS
DISCRETIONARY POWER
THIS CAN BE SEEN IN THE ARTICLE 40(2) OF THE FEDERAL CONSTITUTION
THIS MEANS THAT THE YANG DI-PERTUAN AGONG USES HIS MIND TO EXERCISE THE POWER GIVEN TO HIM
EXAMPLES
REFUSING THE DISSOLUTION OF THE PARLIAMENT
HAVE THE RIGHT TO APPOINT THE CARE TAKER OF THE GOVERNMENT WHEN IN A DISSOLUTION OF THE PARLIAMENT
NON-DISCRETIONARY POWER
THIS CAN BE SEEN I THE ARTICLE 40(1) OF THE FEDERAL CONSTITUTION
THIS MEANS THAT THE YANG DI-PERTUAN AGONG MUST ACT ACCORDINGLY TO THE ADVICE THAT HE RECEIVED
EXAMPLE
THE APPOINTMENT OF THE SUPERIOR COURT JUDGES
RESIDUAL POWER
THIS POWER IS A DISCRETIONARY POWER THAT ARE BASED ON THE CONSTITUTIONAL CONVENTIONS
EXAMPLES
RIGHT TO BE CONSULTED
RIGHT TO AWARD HONOURS
RIGHT TO DISMISS THE PRIME MINISTER
BY EXTERNAL FACTOR
BY EXTRANEOUS FACTOR
CABINET
THE MEMBERS OF CABINET IS APPOINTED BY THE YANG DI-PERTUAN AGONG BASED ON THE ADVICE OF THE PRIME MINISTERS
CAN BE APPOINTED OF EITHER HOUSE OF SENATES OR HOUSE OD REPRESENATATIVES
RESPONSIBILITIES
INDIVIDUAL RESPONSIBILITIES
POLICY CULPABILITY
VICARIOUS LIABILITY
RESPONSIBILITY FOR THE MONARCH'S ACT
LEGISLATION
VOTE OF CENSURE
COLLECTIVE RESPONSIBILITIES
PARLIAMENTARY EXECUTIVE
UNAMINITY
MAINTAINING CONFIDENCE
SECRECY
ANSWERABILITY TO MONARCH
THE CABINET MAY RESIGN R DISMMISSED
MAY RESIGN AT ANY TIME
MAY BE DISMISSED FROM THE OFFICE
JUDICIARY
THE POWERS AND DUTIES
ADJUCATES THE DISPUTES BETWEEN
THE CITIZENS
THE CITIZENS AND THE ORGANS OF STATE
THE STATES
THE STATE AND THE FEDERATION
JUDICIAL APPOINTMENTS
THIS CAN BE SEEN IN THE ARTICLE 122B
THIS INCLUDES THE APPOINTMENT OF
CHIEF JUSTICE F THE FEDERAL COURT
THE PRESIDENT OF THE COURT OF APPEAL
THE CHIEF JUDGES OF THE HIGH COURT
JUDGES OF THE SUPERIOR COURT
THE JUDICIARY HAS A FORM OF GUARANTEES AGAINST PACKING
THIS IS TO MAKE SURE THAT THE EXECUTIVE DOES NOT INTERFERE MUCH IN THE JUDICIARY
JUDICIARY(NOT EXECUTIVE) WILL DECIDE ABOUT WHO IS GOING TO HEAR THE CASE AND IT MUST
HAVE THE SECURITY OF THE JUDICIAL TENURE
THIS CAN BE SEEN IN THE ARTICLE 125
THE TENURE OF THE JUDICIAL PART CAN ONLY BE DISCUSSED THE PARLIAMNET BASED ON A SUBSTANTIVE MOTION SUPPORTED BY THE QUARTER OF THE HOUSE
CONSTITUTIONAL INTERPRETATION
MUST INTERPRET THE LAW WITHIN THE SCOPE OF THE CONSTITUTION
MUST BE PAR TO MALAYSIA
IT IS NOT COMPULSORY TO REFER TO FOREIGN CONSTITUTIONAL INTERPRETATIONS
HAVE CONSTITUTIONAL ROLE
CAN BE SEEN IN THE CASES LIKE DATUK HARUN V PP, DATO' MENTERI OTHMAN BAGINDA V DATO' SYED ALWI SYED IDRUS, KAMARIAH ALI V KERAJAAN NEGERI KELANTAN AND ETC
MUST NOT INTERFERE THE SHARIAH COURT'S JURISDICTION
THIS CAN BE SEEN DUE TO THE ESTABLISHMENT OF ARTICLE 121 (1A)
CASES THAT WE CAN SEE
MEOR ATIQULRAHMAN V FATIMAH SIHI
SUBASHINI RAJASINGAM V SARAVANA THANGATHORAY