THE EXECUTIVE & LEGISLATIVE

By azy

LEARNING OUTCOMES
Definition of Executive Different between political executive Vs non executive (civil service) Method in selecting real executive & nominal, single & plural executive. Comparison between executive in Parliamentary & Presidential system. Definition of civil service. The principle of politics administrative dichotomy & Islamic dichotomy perspectives.

INTRODUCTION
There must be a constitution who taking care of the wealth of the country. Aristotle- the way of life the state has chosen for itself or in Greek politeia (any form of Govn) K.C. Wheare selective of the legal rules which govern the government of the country. Is the fundamental rules determine the orgn, structure of govn, distn of power & related agencies. Method of establishing King decree, evolution, revolution & deliberate creation through Constituent Assemnbly.

DEFINITION OF EXECUTIVE
Is a second branch of Government, which responsible for day to day mgt of the state, ex rsible in implementing, enforcement, monitoring, evaluating the rules and regulations. Is the oldest of all organs of Govn (5k ago). In acient time there is no separation of power (Exe & legis) integarted in one hand (monarch) assist by council of advisor. In simple word Govn headed by PM, & cabinet (health, edu, defence, tourism etc). Few no. member in Parliament can be representatives. The department was called civil service.

DIFFERENT BETWEEN POLITICAL EXECUTIVE VS NON EXECUTIVE (CIVIL SERVICE)

Political executive small number compare to civil service.

Ex Ministry of education headed by TSMY being assist by ; Technical & vocational, Primary school, Special edu, Secondary, Training, development, HR, Etc, these assistant also known as civil service.
Think about you organization whom you work with?.

METHOD IN SELECTING REAL EXECUTIVE & NOMINAL, SINGLE & PLURAL EXECUTIVE.
Nominal executive, it is mean that a man, either hereditary or elected is the head of government in theory but not in reality. These nominal executive is the executive is not directly involved in the governance of the country. Nominal executive refers to a person who often acts on the advice of someone (the prime minister or the cabinet) who constitutionally has the power to make actual decisions. The Executive remains as a figurehead and performs ceremonial functions. It has limited powers under the constitution and must act in accordance with the provisions of the Constitution. He or she summons parliament, prorogues and dissolves it on the advice of the Prime Minister. It is not involved in policy making or policy execution. For example, Yang di-Pertuan Agong (YDPA), the British Queen (Head of State). Real executive is means that the one who actually execute the laws, do the job in administration. See pg 189 text book Ex Msia YDPA PM, Canada Govenor General PM, US President, UKmonarch-PM, India President PM, Germany President Chancellor, Thai Emperor PM, japan King - PM

SINGLE VS PLURAL EXEC.

Single executives, all Political powers are in the hands of one person. Not just that, these single executive hold all the power in government and the citizens need to loyal and obey to these executives. The types of forms of government that applied this single executive is country that in absolute monarchy and dictatorship. It is can understand by looking the closest example, Brunei Darussalam, they do not have parliament in their system. All final decision comes from Sultan Hassanal Bolkiah. While example the other country, US President, absolute monarchies and dictatorships (autocrats). Plural executives, it is means that the executive power is vested not only in one man but in a council of members, each member is roughly equal in status and none is subordinate to the other. The power is divided among a number of people. The supreme executive authority is in the hands of a group of people. This means that decision and policies are made by a group of people. In other words, the decisions made are collective decisions. For example are the prime Minister and his Cabinet in democracies, and the Federal Council of Switzerland

COMPARISON BETWEEN EXECUTIVE IN PARLIAMENTARY & PRESIDENTIAL SYSTEM.

In the parliamentary form of executive it is different from presidential system. It is because in parliamentary power is vested in the office at the Prime Minister who is the leader at the majority party in legislature. Furthermore, the head of government and head of state is different person and their function also different. Head of State who is the Chairman of the advisory board while Head of Government is the chairman of an active committee or party. While in Presidential System, the real executive power lies in the office of the President who is directly elected by people. Also the Head of Government and Head of State is the same person. Malaysia operates a parliamentary system, in which the government is carried on in the name of the Head of the state, Yang di-Pertuan Agong, by ministers who enjoy the confidence of the majority in parliament and are responsible to parliament for all their public acts, both individually and collectively. The Yang di-Pertuan Agong appoints the Prime Minister and other ministers on the advice of the Prime Minister from among the members of either House of Parliament (Art.43 (2) (b). As the Head of Government, The Prime Minister is responsible to the Yang di-Pertuan Agong for all government matters

MODE IN SELECT THE EXECUTIVE

The hereditary principles- A hereditary head of state and a system based on sexism and religious discrimination. Direct popular election selected by people. By electoral college ex MPP By legislature member of legislative select.

THE FUNCTION OF EXECUTIVES

Internal administration.

External administration.
Military / defense. Legislative Judiciary

Others POSDCORB

DEFINITION OF CIVIL SERVICE.

The Malaysian Public Service formerly known as the Malayan Civil Service (MCS) has assumed a significant key role in the economic and social development of the country. The civil service in Malaysia is pivotal around Article 132 of the Constitution of Malaysia which stipulates that the public service shall consists of: the General Public Service of the Federation the State Public Services the Joint Public Services the Education Service the Judiciary and the Legal Service the Armed Forces Public agencies are agencies in the Public Service at the Federal, State and the Local Government levels. Federal agencies consist of Ministries, Federal Departments and Federal Statutory Bodies. Each Ministry is headed by a Minister and the executive officer is known as the Secretary General.

ADMINISTRATIVE DICHOTOMY & ISLAMIC DICHOTOMY PERSPECTIVES.

Al- quran & hadith as Ulul_ Amr and Umara headed by Amir.

The most respectable and pious persons.

The highest position called khalafa, roles and responsibilities ; mankind with god, other and surrounding. Finest khalafa selection; true muslim (spiritual& physical), enough knowledge, follow the rules (Allah Taala)

Thank you for attention. Next chapter 3 (Legislative)

END OF CHAPTER 2 (THE EXECUTIVE)

THE LEGISLATIVE

LEARNING OUTCOMES
Definition of legislative. Appointment & removal of legislature. Types of legislatures ; Unicameral & Bicameral (adv Vs Disadv). Differences between Upper House & Lower House( US, GB, Msia). The process & constitutional admendment (special references to Msia legislative process) Delegated legislative & subsidiary. Direct legislation ; referendum & initiative (adv Vs Dis) Legislative in Islam.

DEFINITION OF LEGISLATIVE.
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. 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 Legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws.[1] The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and other money bills. Legislatures are known by many names, the most common being parliament and congress, although these terms also have more specific meanings. A bicameral legislature is composed of two-chambers, usually termed the lower house and upper house.

LEGISLATIVE FUNCTIONS

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.

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 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. 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. Supervision: Monitor & supervise the executive branch; Has the power to reject bills; Parliamentary Q&A sessions. Financial function: Theory of no taxation without representation; Control & regulation of national finances by the legislature; Presentation, consideration & authorization of national budget. Electoral function: Some legislatures act as electoral college; Become the tie-breaker in cases of deadlock. Judicial function: Some have power to adjudicate the behavior of administrative officials; Can remove judges from office; Court of impeachment. Inquest/Investigative function: Make inquiries into matters of national interest; Appoint commissions of inquiry

APPOINTMENT & REMOVAL OF LEGISLATURE.

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. 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

TYPES OF LEGISLATURES ; UNICAMERAL & BICAMERAL (ADV VS DISADV).

A bicameral legislature is composed of two-chambers, usually termed the lower house and upper house. The lower house is usually based proportionally on population with each member representing the same number of citizens in each district or region. The upper house varies more broadly in the way in which members are selected, including inheritance, appointment by various bodies and direct and indirect elections. Uni means one and bi means two. Two houses of lawmakers vs. one as in South Korea. Bicameral legislatures have an "upper house" who revise, improve and amend new laws normally with less party pressure and in a calmer atmosphere. In many countries this is a Senate, in the United Kingdom it's the House of Lords. Unicameral - 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. Disadvantages: Less check on hasty/ill-considered legislation; Risk of a despotic legislature; Heavy workload; Lack of intelligent discussion or criticism. Bicameral - 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. Disadvantages: Duplication of responsibility; Slower legislative process; Expensive; Divides the legislature

AMENDMENT (SPECIAL REFERENCES TO MSIA LEGISLATIVE PROCESS)

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. Stages First Reading Second Reading House Committee Third Reading Other House Royal Assent Govt Gazette LAW 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. First 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. Second Reading 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. House Committee 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. Third Reading Goes through the same process; If the other makes amendments to the Bill, it must get the approval of the first House. Other House 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. Royal Assent 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

DELEGATED LEGISLATIVE & SUBSIDIARY.

Lower House Malaysia - Dewan Rakyat House of Representatives House of Commons 222 MPs 435 reps 646 MPs Law-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. Upper House Dewan Negara Senate House of Lords 70 senators 100 senators 746 Lawmaking; Discuss various issues. Law-making; Judges impeachment cases; Advise president on govt appointments. Law-making; Highest court of appeal; Judges impeachment cases. see http://www.slideshare.net/ezkandarezzaty/what-is-legislature-pad170

DIRECT LEGISLATION ; REFERENDUM & INITIATIVE (ADV VS DIS)

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.
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 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 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 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 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 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 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 Reduces the authority & responsibility of the legislature; Law-making process is difficult & complicated; Risk of the people proposing unwise rules. Disadvantages of Initiative. 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 Msia Another method (Article 150) Give the executive power to declare emergency

LEGISLATIVE IN ISLAM.
Syura

Any dispute will be discuss

based on Syariah and assunah.

thanks

THATS ALL GUYS SEE YOU NEXT CLASS. TEST 1 (CHAPTER 1,2,3) & ASSIGNMENT