Element of Law

Malaysian parliament constitution is derived from the Westminster agreement which that is the parliamentary dodge of regime that has been follow in the unite Kingdom (U. K. ) as well as many parts of the Britain Empire. Westminster scheme consist few distinctions. In U. K. , the deuce-ace organs of the English heavy system, which is name as the law-makers, the Executive, and the Judiciary is lead by the s everywhereeign, or the crowned head and it also known as a constitutional monarchy.Her Majesty the queen is the representative of the people and the Head of the State in the same age although the business offices of the sovereign have been diluted by the effect of the Bill of right wing 1689. Yet, the throne still passes on from generation by generation in the Royal Family by succession. Besides, the supreme provide of authority in the Westminster System is hold by the head of state. The head of state can impose and collecting taxes, applying laws and forming treati es in commerce with foreign countries.Read Essay In Westminster Abbey AnalysisIn an election, the leader of the winning companionship will straight off flex the prime of life diplomatic minister of that country and also the wide power wielded by the head of state or the aboriginal Minister which is become a characteristics of this system. The Prime Minister also can hold the code of the people. The Executive branch will form by the remaining ships company members and known as the Government for the country. Examples of Datuk Seri Najib Tun Razak has been constitute as the Sixth Prime Minister in Malaysia since 3rd April 2009, and his leading party contend movement atomic number 18 form the Executive branch of Malaysia.The party is obtains the second highest bod of votes in the elections ar known as the ohmic resistance party. This party is track down to forming an effective check-and balance mechanism to achieve transp arncy in the law-makers for the benefit and to prevent abuse of power. Furthermore, they also can compel the composure of the government when existing government are meet with the motion of no confidence. The Westminster System also characterized by its bicameral system in the Legislature or parliament, which is means it is consists two family units- the House of Lords and the House of Commons.The House of Lords is effected by legal experts in the country such as lawyers and academicians for the exert session of draft legislation which is to be implemented in the country whereas the House of Commons is formed by the people who are winning in the election of the country. The new law will be process in these two houses. Moreover, fan tanary privilege is also a special characteristic in the Westminster System, where members of parliament are given the opportunity to speak and argument freely ab by the matters in the country in ordinary parliamentary proceedings.Members may not arrest and not legal action will be taken agai nst any statements in Parliament under the coif of Parliamentary Privilege 1987. Hansard is for use to record the parliamentary debates and it is an invaluable kickoff of information. Government Process Malaysia was independent since 1957. Our Malaysias government system has furnished institutional b solelyast and stability to a country. As we known, Malaysia government system and process are mostly like as British Westminster and Whitehall models.The reasonable functioning of the Malaysian government system is attributable to the monarchy, and nevertheless to the three main branches of government which is the legislature, the executive, and the judiciary. The doctrine of the separation of these three powers is guaranteed by the federal Constitution. The interplay of every branches of government is testimony to an orderly governmental process in which the governments writ is large and regarded as indispensable.Certainly, Malaysia has an authoritative and working(a) government system once the role of police, civil service, and armed forces are taken into account. Undeniably, Malaysia is a country of constitution monarchy. The Yang di-Pertuan Agong or Paramount prescript is an elective position which signifies national unity and stand for the Malay underpinning of a multi-racial nation. At the federal level, House of Representatives are form by the imitation of the people and supported by the Senate.However, in the Malaysian context it is the allocation of executive responsibility to Minister in the Cabinet that in practice forms the core of the governmental system whereas the judiciary represent the third newspaper column of the government system. The head of the executive of government is the Prime minister. The prime minister of Malaysia is the embodiment of elective governmental power and of the ambition of the body politic. The Prime Minister is the important role for the nations political, social model and economic of that country.Example of first Prime Minister in Malaysia- Tunku Abdul Rahman, he is the first and only Chief Minister of Federation of Malaya from 1955 to scramble the license of Malaya and Malaysia was successful to independence in 1957. Besides, he and his successors have had their own character and ideas to stamped on the various phases of the countrys development. Political Process In the political process, election of the nation and state levels are to decide the government mandate that contributed to Malaysias overall political development.Elections also decide the office in Parliament, and those parties are won the majority seats in Parliament to forms the government for the five years and that can help to peaceful political change within all political parties. Besides, the manner in which political parties have flourished is conspicuous feature of the Malaysian political process. This is important to the olfactory property of democratic governance and helps some post-colonial countries to achiev e independence and reduced the soldiery dictatorship or single party with supreme power. on that point are three factors caused the party system need to endured. First, in the past of root of the colonial, where liberal-democratic ideas were injected into society. Second, the communist threats to the trammel government following Malayas Independence modulate the domination coalitions undertaking to democracy. The last is a party system allowed for pluralism in a multi-racial society in order to all races to be one of represented in government. It has been the ability to coalesce competing cultural demands by mediation between political parties that base Malaysias political process was success.In the success, the power-sharing formula forged through the Barisan Nasional to guide the Alliance to won in the eleven general elections since 1957. In the BN, the United Malays National Organization (UMNO) was the party that lead to seek for independence but it has grapple power with t he Malaysian Chinese Association (MCA), the Malaysian Indian recounting (MIC), Parti Bersatu Sabah, the Sarawak United Peoples Party and other BN components parties that has gather the power or ability to win in election to control the Parliament and the various convocation.As we seen, political tensions in Malaysia become serious now. There are many action taken by someone and political party. First, our Malaysian 13th general elections should be take place by March 2013 but our Prime Minister delayed until 03 April 2013 only announced the dissolution of Parliament and general election held on 05 Mei 2013. some(prenominal) opposition party parliamentary have complain about this issue but they have not right to control the Prime Minister to decide when to dissolve the Parliament even the Judiciary heavy(p) to intervene.Besides, the sodomy case of the leader of opposition party, Anwar Ibrahim, has cast a shadow over the whole political process even the case was thrown out of cour t on 9 January 2012, but not more than 10 days the attorney general had lodged an appeal on this case. Because of this, the political tensions come to the fore again and the efforts of Prime Minister to reforms have been slander.The range of reforms included the revoke Internal Security Act that allowed for detention without trial has been negates due to the finality to appeal. The decision to appeal against Anwar case allowed the Malaysian and most international observers take as a politically motivated. If the government had not appealed Anwars acquittal, opposition has more power to beat the BN government due to most worry issues today such as economy, inequality, crime inflation, immigrant workers and corruption. except this all are stop by the existing government and hard to appeal in the court. Opposition party have claim out electoral reforms request. But most of the term in the list of electoral reforms have jilted by the BN government and only one term are pick out i n the 13th general election but it has failed and costly to adopted this term. This matter has made the many Malaysian very angry and thwarted on it.This all things are control by the BN government and not one can intervene in this issue and also hard move this issue into court. On my opinion, I think that the separation of power is not functional in Malaysia. This is because all the things are control by the government and Prime Minister even the judge are appointed by the Yang di-Pertuan Agong but is advised by Prime Minister that show the Prime Minister has supreme power to decide anything and we have not power or little power to refute it.