Dewan Negara

Dewan Negara ( Mal. for Hall of the People ) is the Senate of the Malaysian Parliament. The Dewan Negara consists of 70 senators, of whom 26 are elected by the states and in each case two of every state. The remaining 44 are from the Yang di - Pertuan Agong, the Malaysian King, appointed.

The Dewan Negara has its registered office, together with the Dewan Rakyat in the " Malaysian Houses of Parliament ," the Parliament building in the capital Kuala Lumpur. Its composition is defined in Chapter 4 (legislature of the Federation ) and its tasks in Chapter 5 ( legislative procedure) of the Malaysian Constitution.

In the Malaysian bicameral a bill always requires the consent of both institutions before it is submitted to the King for final approval; However, the Dewan Negara can a bill maximum delay a year before it is automatically forwarded to the king.

Originally, the Dewan Negara was designed as a controlling Dewan Rakyat of and should represent the interests of the states. The original constitution, which provided for the election of a majority of the Senators of the Federal States, has now been changed in favor of the appointment by the king.

Members of the Dewan Negara

Members of the Dewan Negara are known as " Senator " and " Ahli Dewan Negara " (literally, " a member of the Dewan Negara " ) referred. The term of office is three years and senators - may be re-elected only once - whether in two consecutive or non- consecutive terms.

Each of the 13 states elects two senators. The Senators of the Federal Territories Kuala Lumpur, Labuan and Putrajaya are appointed by the Yang di - Pertuan Agong on the recommendation of the Malaysian Prime Minister.

Another 40 senators are independent of their State, appointed on the proposal of the Prime Minister by the King. Of the states appointed senators should be qualified by "outstanding services in public administration or by personal distinction in the professions, in trade, in industry, in agriculture, in the art world or in the welfare or by their function as a representative of an ethnic minority or as representatives of the indigenous people ( orang Asli ) ".

The intention of the original Constitution of Malaysia, the King only the appointment of 16 Senators to allow ( and assign senators so that a minority role ) was a strengthening of the federal forces. However, subsequent constitutional changes opposed this; According to the former Chief Justice Tun Mohamed Suffian Mohamed Hashim were " contrary to the spirit of the original constitution, which had the Dewan Negara provided as an institution that should protect the interests of the states from government interference in Parliament " these additions.

As a candidate for this office Malaysian citizens are qualified resident within the Federation, which no other State are required to have not serving a prison sentence of one year or more and have not been sentenced to a penalty of RM2.000 or more. Holder of a profit-oriented position in public administration are also unsuitable. The membership of a political party is not required. The Parliament may increase the number of seats to three per State Senator, reduce the number of appointed senators or abolish the group of appointed senators in total. The process of appointment is defined in Article 45 of the Malaysian Constitution. According to the Constitution, a direct election of the 26 tabled by the states of senators would be possible, however, that clause would take effect only after when the parliament to bring a resolution to on the way. This has not yet occurred; the Senators in 2010 employed were determined by indirect election.

The Dewan Negara is not bound by the Dewan Rakyat and elections for senators remain in office when the Dewan Rakyat is resolved after the election.

The Dewan Negara elect a President who presides over the meetings, monitors compliance with the house rules and decides on issues of order. Should the President be absent, his deputy takes his place.

Powers

The Dewan Negara may initiate the legislative process; except for financial or tax matters - a restriction which is directly taken from the Westminster system. He may also modify an existing legislation, again assuming it's not about the field of finance. Any legislative proposal must first Dewan Rakyat and by the submission to the Dewan Negara in three readings. First, the Senator proposing the project before the meeting. Next, the bill is debated. In the third step is adjusted if the design is accepted or rejected. The Dewan Negara should not just formally reject a bill; he can at best the process by one month or, under certain circumstances, to delay up to one year. If the bill is accepted or running from the appointed time, he is presented to the Yang di - Pertuan Agong for the Royal Assent. If the king raises objections or can pass for 30 days without approval of the draft with a list of proposed amendments shall be returned to Parliament. The bill must be approved by both chambers in turn. Is there then no king still does this or that period of 30 days elapse, the bill automatically becomes law. It occurs, however, only with the publication in the Government Gazette.

Although Members of Parliament are protected by their immunity, their accordance with paragraph 10 of the Malaysian Constitution securitized freedom of speech by a in the Sedition Act ( engl: Law on sedition ) is Uncommitted discussion prohibition ( " gag rule ") by the debates on the repeal of certain articles of Constitution prohibits the privileging of Bumiputeras concern (eg Article 153 ).

Current composition

Acting Senate President Abu Zahar Ujang is from UMNO. He was elected on 26 April 2010.

The current composition of the Dewan Negara, broken down by membership of political parties:

Six seats in the Dewan Negara are currently vacant.