Course Syllabus
History of Malaysian Legal System
1.1 Period of colonization
1.2 Route to Independence
1.3 Formation of Malaysia
Government
2.1 Functions
2.2 Systems of government (Definition, features, merits and demerits)
2.2.1 Monarchy
2.2.2 Federal
2.2.3 Unitary
2.2.4 Parliamentary
2.2.5 Presidential
2.2.6 Democracy
2.2.7 Dictatorship
System of government as practised in Malaysia
3.1 Features of democracy under the Federal Constitution
3.2 Features of parliamentary government under the Federal Constitution
3.3 Features of federal government under the Federal Constitution
3.4 Features of constitutional monarchy under the Federal Constitution
Branches of the Malaysian government
4.1 Executive
4.1.1 Composition, appointment and functions
4.1.1.1 Yang di-Pertuan Agong
4.1.1.2 Prime Minister
4.1.1.3 Cabinet
4.1.1.4 Public servants
4.1.2 Collective responsibility
4.1.3 Ministerial responsibility
4.2 Legislature
4.2.1 Composition, appointment and functions
4.2.1.1 Yang di-Pertuan Agong
4.2.1.2 Dewan Negara
4.2.1.3 Dewan Rakyat
4.2.2 Privileges of Parliament
4.3 Judiciary
4.3.1 Composition, appointment and functions
4.3.2 Concept of Judicial Independence
4.3.2.1 Protection of judicial independence under the Federal Constitution.
4.3.3 Impartiality of judges
Separation of Powers
5.1 Montesquieu’s theory
5.2 James Madison’s theory
5.3 Malaysian Position
5.3.1 Relationship between the executive and the legislative
5.3.2 Relationship between the executive and the judiciary
5.3.3 Relationship between the legislative and the judiciary
Features of the Federal Constitution
6.1 Supremacy of the Federal Constitution
6.2 Position of Islam
6.3 Fundamental liberties
6.4 Special privileges of the Malays and Natives of Sabah and Sarawak under Article 153 of the Federal Constitution
1.1 Period of colonization
1.2 Route to Independence
1.3 Formation of Malaysia
Government
2.1 Functions
2.2 Systems of government (Definition, features, merits and demerits)
2.2.1 Monarchy
2.2.2 Federal
2.2.3 Unitary
2.2.4 Parliamentary
2.2.5 Presidential
2.2.6 Democracy
2.2.7 Dictatorship
System of government as practised in Malaysia
3.1 Features of democracy under the Federal Constitution
3.2 Features of parliamentary government under the Federal Constitution
3.3 Features of federal government under the Federal Constitution
3.4 Features of constitutional monarchy under the Federal Constitution
Branches of the Malaysian government
4.1 Executive
4.1.1 Composition, appointment and functions
4.1.1.1 Yang di-Pertuan Agong
4.1.1.2 Prime Minister
4.1.1.3 Cabinet
4.1.1.4 Public servants
4.1.2 Collective responsibility
4.1.3 Ministerial responsibility
4.2 Legislature
4.2.1 Composition, appointment and functions
4.2.1.1 Yang di-Pertuan Agong
4.2.1.2 Dewan Negara
4.2.1.3 Dewan Rakyat
4.2.2 Privileges of Parliament
4.3 Judiciary
4.3.1 Composition, appointment and functions
4.3.2 Concept of Judicial Independence
4.3.2.1 Protection of judicial independence under the Federal Constitution.
4.3.3 Impartiality of judges
Separation of Powers
5.1 Montesquieu’s theory
5.2 James Madison’s theory
5.3 Malaysian Position
5.3.1 Relationship between the executive and the legislative
5.3.2 Relationship between the executive and the judiciary
5.3.3 Relationship between the legislative and the judiciary
Features of the Federal Constitution
6.1 Supremacy of the Federal Constitution
6.2 Position of Islam
6.3 Fundamental liberties
6.4 Special privileges of the Malays and Natives of Sabah and Sarawak under Article 153 of the Federal Constitution
Frequently Asked Questions
Q1 : What is a government?
A1 : * A government is a system or organization that exercises authority and control over a political unit, such as a country or a state and governs its citizens or residents. It is responsible for establishing and enforcing laws, maintaining order, providing public services, and representing the interests of the people it governs.* * Governments typically have three branches: the executive, legislative, and judicial branches. The executive branch, led by the head of state or government (such as a president or prime minister), is responsible for implementing and enforcing laws. The legislative branch, usually consisting of a parliament or congress, is responsible for making laws. The judicial branch, comprised of courts and judges, interprets and applies the law in legal disputes.* * Governments may operate under various forms, such as democracies, monarchies, republics, or authoritarian regimes. In a democracy, power is vested in the people, and they participate in decision-making through elections or other forms of representation. Monarchies have a hereditary ruler, such as a king or queen, who holds significant authority. Republics are usually headed by an elected president or a ceremonial figurehead, while the real power rests with the government officials.* * The specific structure and functions of a government can vary greatly between countries, depending on their political system, constitution, and cultural values. The primary goal of a government is to promote the welfare and well-being of its citizens, maintain social order, protect rights and liberties, and provide essential services, such as education, healthcare, infrastructure, and defence.*
Q2 : Why is a government important?
A2 : A government is important for several reasons: * Establishing Order and Security: Governments maintain law and order within a society. They create and enforce laws to protect citizens from violence, crime, and exploitation. They maintain a system of justice and provide a framework for resolving disputes and maintaining social harmony.* * Protecting Individual Rights and Liberties: Governments play a crucial role in safeguarding the fundamental rights and liberties of individuals. They create and enforce laws that protect freedom of speech, religion, assembly, and other civil liberties. They also ensure equality before the law and work to prevent discrimination and the abuse of power.* * Providing Public Services: Governments are responsible for providing essential public services that benefit society as a whole. These services may include education, healthcare, infrastructure (such as roads, bridges, and public transportation), public safety (police and fire services), sanitation, and environmental protection. Governments also regulate industries and protect consumers through regulations and standards.* * Promoting Economic Stability and Development: Governments play a crucial role in managing the economy and promoting economic stability and growth. They implement fiscal and monetary policies, regulate financial institutions, and provide a framework for trade and commerce. Governments also invest in infrastructure, education, and research to foster innovation and economic development.* * Representation and Democratic Governance: Governments provide a mechanism for citizens to participate in decision-making and have their voices heard. In democratic systems, governments are elected by the people and are accountable to them. They represent the interests of the population and work towards the collective welfare.* * National Defense and Security: Governments are responsible for protecting the nation against external threats and maintaining national security. They establish and maintain armed forces and intelligence agencies to defend the country's borders, deter aggression, and ensure the safety of its citizens.* * Diplomacy and International Relations: Governments engage in diplomatic relations with other nations, representing their country's interests on the global stage. They negotiate treaties, establish trade agreements, and participate in international organizations to promote cooperation, resolve conflicts, and address global challenges.* Overall, governments play a vital role in maintaining social order, protecting individual rights, providing essential services, promoting economic stability, and representing the interests of the people. They provide the necessary framework for a functioning society and contribute to the overall well-being and progress of a nation.
A1 : * A government is a system or organization that exercises authority and control over a political unit, such as a country or a state and governs its citizens or residents. It is responsible for establishing and enforcing laws, maintaining order, providing public services, and representing the interests of the people it governs.* * Governments typically have three branches: the executive, legislative, and judicial branches. The executive branch, led by the head of state or government (such as a president or prime minister), is responsible for implementing and enforcing laws. The legislative branch, usually consisting of a parliament or congress, is responsible for making laws. The judicial branch, comprised of courts and judges, interprets and applies the law in legal disputes.* * Governments may operate under various forms, such as democracies, monarchies, republics, or authoritarian regimes. In a democracy, power is vested in the people, and they participate in decision-making through elections or other forms of representation. Monarchies have a hereditary ruler, such as a king or queen, who holds significant authority. Republics are usually headed by an elected president or a ceremonial figurehead, while the real power rests with the government officials.* * The specific structure and functions of a government can vary greatly between countries, depending on their political system, constitution, and cultural values. The primary goal of a government is to promote the welfare and well-being of its citizens, maintain social order, protect rights and liberties, and provide essential services, such as education, healthcare, infrastructure, and defence.*
Q2 : Why is a government important?
A2 : A government is important for several reasons: * Establishing Order and Security: Governments maintain law and order within a society. They create and enforce laws to protect citizens from violence, crime, and exploitation. They maintain a system of justice and provide a framework for resolving disputes and maintaining social harmony.* * Protecting Individual Rights and Liberties: Governments play a crucial role in safeguarding the fundamental rights and liberties of individuals. They create and enforce laws that protect freedom of speech, religion, assembly, and other civil liberties. They also ensure equality before the law and work to prevent discrimination and the abuse of power.* * Providing Public Services: Governments are responsible for providing essential public services that benefit society as a whole. These services may include education, healthcare, infrastructure (such as roads, bridges, and public transportation), public safety (police and fire services), sanitation, and environmental protection. Governments also regulate industries and protect consumers through regulations and standards.* * Promoting Economic Stability and Development: Governments play a crucial role in managing the economy and promoting economic stability and growth. They implement fiscal and monetary policies, regulate financial institutions, and provide a framework for trade and commerce. Governments also invest in infrastructure, education, and research to foster innovation and economic development.* * Representation and Democratic Governance: Governments provide a mechanism for citizens to participate in decision-making and have their voices heard. In democratic systems, governments are elected by the people and are accountable to them. They represent the interests of the population and work towards the collective welfare.* * National Defense and Security: Governments are responsible for protecting the nation against external threats and maintaining national security. They establish and maintain armed forces and intelligence agencies to defend the country's borders, deter aggression, and ensure the safety of its citizens.* * Diplomacy and International Relations: Governments engage in diplomatic relations with other nations, representing their country's interests on the global stage. They negotiate treaties, establish trade agreements, and participate in international organizations to promote cooperation, resolve conflicts, and address global challenges.* Overall, governments play a vital role in maintaining social order, protecting individual rights, providing essential services, promoting economic stability, and representing the interests of the people. They provide the necessary framework for a functioning society and contribute to the overall well-being and progress of a nation.