constitutional law

1. senate
Present by:
 Nur Shuhada Kadir 1070855
 Nur Afiqah Norman 1070856
 Nur Syuhada Matwi 1070852
 Ma Kalthum Ishak 1070850

2. Dewan Negara
 Type : Upper house
 President of the Dewan NegaraAbdul
Hamid Pawanteh, : Barisan Nasional -
UMNO
since July 7, 2003
 Members : 70 Senators
 Political groups : Barisan Nasional
Pakatan Rakyat
 Meeting place : Malaysian Houses of
Parliament, Kuala Lumpur, Malaysia
 Web site : http://www.parlimen.gov.my/

3. Membership.
 "rendered distinguished public service or have
achieved distinction in the professions,
commerce, industry, agriculture, cultural
activities or social service or are representative
of racial minorities or are capable of
representing the interests of aborigines.
 Each of the 13 state legislative assemblies
chooses 2 Senators.
 The term of office is 3 years and Senators can
only be re-elected once.

4. Continue…
 The King appoints two Senators for the
Federal Territory of Kuala Lumpur, and one
respectively for the Federal Territories of
Labuan and Putrajaya on the advice of the
Prime Minister.
 Another 40 Senators are appointed by the
King, also on the Prime Minister's advice.

5. What are the qualification?
 a candidate must be a Malaysian citizen
residing in the Federation.
 must not owe allegiance to any foreign
state.
 must not have received a prison sentence
of one year or longer.
 must not have been fined RM2,000 or
more.

6. Continue..
 Must not be a holders of a full time
profit-making position in the public
service.
 no requirement to belong to a political
party.

7. Appointment of senators (art 45)
 Parliament is permitted to increase the
number of Senators to three per state.
 reduce the number of appointed Senators,
or
 abolish the post of appointed Senator.
 Members of the Senate are not affected by
elections of the Dewan Rakyat, and
continue to hold office despite the Dewan
Rakyat's dissolution for an election.

8. Functions???
 lesser power and authority than the Dewan Rakyat.
 serve the interest of the States, minorities and
sectoral groups.
 has no power to dismiss the government on a vote
of no confidence.
 Bills involving taxation and expenditure cannot be
brought to the Dewan Negara.
 can delay and has no power to defeat bills passed
by the Dewan Rakyat
ROLE AND FUNCTION

9. Constitutional role???

has equal power with the Dewan Rakyat to amend
the constitution.
 The Legislative function of making and revising
laws.
 The ‘federal function’ of representing the 13
States of the Federation and the federal
territories.
 The sectoral representative function of enabling
experienced and talented persons, members of
minorities and orang asli to sit in Parliament
without going through the electoral process.
 The ‘deliberative’ function of examining
government policy and keeping the government in
check.

10. Legislative function.
 Power to initiate the legislation: except for
financial and fiscal matters.
 Article 68: its assent is necessary for the
passage legislation in Parliament.
 but, this article cannot be applied to those
constitutional amendments that require a two-
thirds majority in both Houses of Parliament.
 can revise, improve or delay Dewan Rakyat Bills.
 To act as chamber of second thought to allow for
more reflection than would otherwise be possible
in the heat of party political debate in the Dewan
Rakyat.

11. Representing the state.
 two members had been appointed in
each state.
 representing the States and protecting
their rights.
 but, ‘State Senators’ do not always vote
and speak as ‘instructed delegates’ of the
States.

12. Representation to special groups
 Article 45(1): by being appointed Senators,
many professional can contribute in the
legislative process.

13. Deliberative function.
 check and limit the power of the
Government.
 achieved through ‘question time’ in
which Ministers must supply
information, answer questions, justify
policies.

14. President
 President
The President of The Senate must be a Member Of the
Senate.
Role of the President include :
 to preside over the sittings of the Senate;
 to be responsible for the observance of the rules in the
Senate;
 to ensure the relevancy of the points raised during the Debate
 to interpret the Standing Orders in case of disputes and the
decision is final
 Any person who wants to assume the post of the President of
the Senate must not be a member of any State Legislative
Assembly.The present President of the Senate is YB Tan Sri.
Dato' Seri Dr. Abdul Hamid Pawanteh

15. Deputy President
 The Deputy Speaker or Timbalan Yang
di-Pertua Dewan Negara assists the
Speaker of the Dewan Negara and chairs
proceedings in the absence of the
Speaker.
 YB Senator Dato' Ir. Wong Foon
Meng 07.06.2004 - Present