The Malaysian Legal System - Free Essay Example

Sample details Pages: 7 Words: 2120 Downloads: 3 Date added: 2017/06/26 Category Law Essay Did you like this example? 1. INTRODUCTION Malaya obtained independence on August 31, 1957 from British colonial rule. Malaysia was established in September 16, 1963. Don’t waste time! Our writers will create an original "The Malaysian Legal System" essay for you Create order It is made up with 13 states and three federal territories components. Malaysia belongs to a parliamentary monarchy. The supreme head of the country is called the Yang Di-Pertuan Agong ¼Ãƒâ€¹Ã¢â‚¬  YDPA ¼Ãƒ ¢Ã¢â€š ¬Ã‚ °. YDPA is selected by rotation from the council of rulers. The government is made up of the House of Representatives or the coalition, and the leader is called the prime minister. The government can provide a stable social environment in the process of industrialization. The branches of government are Legislative, Executive and Judiciary. Each has its own role, and they do not overlap. The Legislature can be driven into two parts: Federal level and State level. The Executive also has the same parts. The Judiciary has different several levels. With the development of economic, it will be very beneficial to the democratic process. 2. MAIN BODY 2.1 LEGISLATIVE 2.1.1 FEDERAL LEVEL The Federal Level includes YDPA, the Senate and the House of Repres entative. The first important point is the Yang Di-Pertuan Agong ¼Ãƒâ€¹Ã¢â‚¬  YDPA ¼Ãƒ ¢Ã¢â€š ¬Ã‚ °. YDPA YDPA is the supreme head of the country and can hold the post for five years. If he withdraws from the position or death or has other situations, the period will be shortened. The selection has several different standards. For example, YDPA must be selected by rotation from the Council of Rulers. One of the important is receiving more the councilà ¢Ã¢â€š ¬Ã¢â€ž ¢s membersà ¢Ã¢â€š ¬Ã¢â€ž ¢ support. Of course, YDPA has discretionary power. He can ask for the meeting of ruler council and appoints prime minister according to his desire. The Senate The second important point is the Senate. It is made up of 69 members. They are chosen from different position. Two of them come from the state legislative assembly, and most of them are chosen by YDPA. They can debate and check on the bills which are already passed by the House of Representative. But if they do not attend the meeting more than 6 months without reasonable explanation or permission, their rights will be deprived. The House of Representative The third important point is the House of Representative. The members here are known as à ¢Ã¢â€š ¬Ã…“Yang Berhormatà ¢Ã¢â€š ¬Ã‚ . The members are more than the Senate, and has 193 members. They responsible for drawing up the bills and debate with them. If they also do not attend the meeting, they will have the same result. Of course, if they do not work, they can write a resignation letter to the Yang Di-pertuan House of representative. 2.1.2 STATE LEVEL Rulers The Ruler is the head of thestate, and hemanages the relevant things which in his own state. Themain functions of the ruler is to existence the states legislative assembly with the decision, when it is necessary, he will have the right to dissolve the state legislative assembly.At the same time, he has an importantauthority to appoint and remove the chief minis ter. In addition, he has the responsibility to lead the Islamic religion or local custom. Besides, a state which does not have a Ruler can be called Yang Diperdua Negeri. State Legislation Assembly About the State Legislative Assembly information, 13 states have their own State Legislative Assembly and so far there have been more than 20 years. State Legislative Assemblyà ¢Ã¢â€š ¬Ã¢â€ž ¢s responsible for drafting the copy and discussed, improve the draft and cannot represent more than one voterà ¢Ã¢â€š ¬Ã¢â€ž ¢s opinion. Also be known as à ¢Ã¢â€š ¬Ã…“Yang Berhormatà ¢Ã¢â€š ¬Ã‚ . Strictly in accordance with the provisions of, can the very good driving power of State Legislative Assembly, to become better. 2.2 EXECUTIVE 2.2.1 FEDERAL LEVEL YDPA YDPA is the head of the country supreme that we already discussed. Council of the Rulers Next is Council of the Rulers, it consists of all rulers as members and the function of the Council of the Ruler is that Eve ry five years selected YDPA, the members of the council of the rulers can vote to choose the YDPA and also can depose the YDPA which does not give the contribution to the country, but only the hereditary ruler has the right to vote the YDPA. Except that, the Parliament also has a duty to protect the legal status of the Malay and Islam. Prime Minister and Ministers The third component is Prime Minister and Ministers. It is the leader of the administrative office in Malaysia, chosen by the YDPA and the YDPA must appoint a member of the House of Commons which has congressional majority support as prime minister. In addition, the minister is proposed by the prime minister then the YDPA decided to select him to help the prime minister to participate in decision-making, at the same time, the minister and his departments need to perform the orders of their superior. Cabinet Cabinet is an administrative agencyof the Malaysian government, the subordinate of cabinet can be divided into many departments, and each department has to exercise their relevant responsibilities also they have a common duty. At the same time, the cabinet can determine the governments policies. Besides, the cabinet members must be elected from the congress, the YDPA will be according to the list, whichsubmittedby the prime minister to choose the cabinet ministers and deputy ministers, cabinet ministers hold the cabinet meeting every Wednesday on a regular basis. 2.2.2 STATE LEVEL Rulers or YDN The first one is Ruler/Sultan or Yang Dipertua Negeri (YDN). The other parts we already discussed. Menter Besar or Chief Minister The chief minister is a state-level administrative leader of government, he was appointed by the ruler. The chief minister has the responsibility for carrying out the Rulers orders. At the same time, the chief minister can put forward some suggestions and countermeasures. Meanwhile,he also has the decision to the relevant policies within the state.In ad dition, he can appoint or dismiss his subordinate department members from his post. State Executive Council The State Executive Council is similar to the Cabinet at the Federal Level.The Ruler of the State appoints firstly the chief ministers from the members of the Legislative Assembly who in his opinions is likely to command the majority of the members of the assembly.Then the Ruler appoints members of the Executive Council in consultation with the chief ministers. And the State Executive Council has the authority to make policies and implement them, at the same time its members follow the principle of common responsibility. 2.3 JUDICIARY TheJudiciary is the system ofcourts, it is the name of the statewhich is interpreted and applies thelaw. That is based on the equality debate of prosecutor and defendant. Superior Courts Federal Court It is the highest court in Malaysia. The president of the Federal Court, the president of the Court of Appeal and Malaysia jud ge, Sabah Sarawak judge and the other seven Federal Court judges are seated in it. There is only one Federal Court and Court of Appeal, but each of the state has its own high court. And the Federal Court hears appeals from the Court of Appeal and High Court. On the other hand, the Court of Appeal has three judges, it hears appeals from the High Court and it can also hear appeals from the Sessions Court, if the case is in the public interest. High Court TheHigh CourtsinMalaysiaare the third-highest courts in the hierarchy ofcourts, after theFederal Courtand theCourt of Appeal. And it has forty-seven judges in Malaya and ten judges in Sabah and Sarawak. It has unlimited Civil Jurisdiction, and it hears the matters Bankruptcy and winding up of the companies The marriage (divorce) Injunctions, specific performance Syariah Court There is a system of State Syariah Court, which has limited jurisdiction over matters of state Islamic law. And the Syariah Court has jurisdiction just over matters related to Muslim. There is also no more than three years imprisonment. Subordinate Courts. Both of the sessions courts and magistrates courts are focused on criminal and civil matters, Sessions Court It is responsible for adjudicating matters related to criminal cases, especially the murders, theft, and other such cases, but except punishment by death. Magistrate Court It is divided into two parts, First class and Second class magistrates. But the Second Class Magistrates are not appointed now. In the criminal matters, First Class Magistratesà ¢Ã¢â€š ¬Ã¢â€ž ¢ Courts have the power to make sure that all agencies imprisonment no more than 10 years. 2.4 CHINA 2.4.1 LEGISLATIVE Compared with the legislative system in Malaysia, Chinas Legislative System is single. China is a country of all rights belong to the people, the people exercise their rights institution is National Peoples Congress (NPC). The NPC is the highest organ of state power. Held once a year, representatives from the provinces, municipalities and autonomous regions elected to participate, each persons term of office is five years. More than half said the decisions in favor of the establishment, allowing the country to promote the implementation. 2.4.2 EXECUTIVE The central government: The Highest Administrative office in China is called the State Council; the main function of the State Council is that to execute the command of the authority office. Besides, the head of the State Council is the prime minister, and the State Council is made up of the prime minister, vice-premier and each department ministers. The vice-premier and each department ministers are responsible to the prime minister. The Prime minister can be in office five years, and he can be chose by the National Peoples Congress. In addition, the power of the prime minister is the final authority of decisions, and decide the appointment of the vice-premier and each department ministers. The Local government: Provincial governors are the head of the province also is the head of the local government. The main function of the provincial governor is that to put forward the development plans and promote urban construction. The provincial governor also can work for five years and they have the similar work to the prime minister, but they just focus on their own province. And the Vice-provincial governors are acting as the adviser of the provincial governors. 2.4.3 JUDICIARY Adjudication Organ The Supreme Court of the Peoples republic of china is the Highest Judicial Organ. The Local Peoples courts are divided into three: the Grassroots Peoples Courts, the Intermediate Peoples Court, the Supreme Peoples Court. Pro-curatorial Organ Peoples Procuratorate for legal supervision countries . Peoples Procuration of the Peoples Court in accordance with the level of control of the establishment, in addition to the municipality control Intermediate Peoples Court set up, at all levels, said the Peoples Procuration. But also the establishment of the military Procuration and railway transportation Protectorate and other specialized Procuration. Public Security Organs The state of the investigating authorities, and to assume the maintenance of public order, civil dispute mediation and other quasi-judicial functions. State Security Organ The National Security Authorities relatively independent. Responsible for anti-power and key places to defend the transaction. The National Prison System The correct execution of the Prison Sentences Mission is to punish and rehabilitate offenders, in order to achieve the purpose of preventing and reducing criminals. Compared with China First of all, because of the different historical background, Malaysia and Chinas po litical system also has differed. Belongs to the republic of China, the Chinese government is the Peoples Congress System, belongs to a Parliamentary Republic. Ruled by Britain and Malaysia for a long time, belong to the Common Law Legal System. In Chinas constitution, China is a country of the Peoples Democratic Dictatorship, all power belongs to the people of the country, the people can through various channels and forms, the national, economic, cultural and social affairs management. Especially the election of the President in the next 5 years, citizens under the age of 18, regardless of nationality, race, sex, occupation, family background, religious belief, education, property status, living period, has the right to vote and the right to vote. Reflected in the equal legal authority. China as a Socialist Country. Developing socialist democracy, improve the socialist law, gradually realize the industry, agriculture, national defense and the modernization of science and technology , so I think the Chinese system more humanized. 3. CONCLUSION Malaysia as a country with a constitutional monarchy, as in the maintenance of Parliamentary Democracy, at the same time also respects the Malay variety of cultures, to a certain extent for the tourism development of later also brought a good opportunity. Second, economically, Malaysia by the original on the basis of agricultural economy, into a predominantly manufacturing and industrial economy, especially on the computer and consumer electronics products have greatly improved. Malaysia is from an ordinary developing countries into an emerging industrialized countries. Finally, in politics, Malaysia also has a pivotal position in Asian countries, is the worlds 17th largest trading nation. With China and other countries also have close relations of cooperation is the first largest trade partner of China and Sean. Word count: 2183 1

History Of Income Inequality During The Gilded Age Essay

From 1938-1969, in America was in a period called the great compression, a time where the difference between the richest and poorest Americans was very small and economic growth was explosive. Due to past and current economic policies and events, income inequality has exploded in America, which is why in 2015 America had the highest level of wealth inequality in the world at 80.56 gini[1] . In the future this inequality will slow down economic growth, increase debt for middle income Americans, make America less democratic, and reduce economic mobility. This problem, however, does have solutions and this paper will lay out some of the solutions and the effect they will have on the economy, but first I will explain the history of income inequality in the US. The presidents during the gilded age embrace laissez-faire economic policies and refusal to regulate the banking sector, allowed for large amounts of investment that led to the stock market increasing in value rapidly and an environment that fostered technological advancements led to an age of economic prosperity, that was especially beneficial for all Americans especially the wealthy.[2] However, the rampant levels of income inequality and relatively slow wage growth at the time made it hard for working and middle class people to buy the amount of new technology at the rate it was being produced, thus leading to insufficient demand for products that were heavily invested in which created a bubble in the stock market.[3]Show MoreRelatedThe Gilded Age And The Age Of Information1422 Words   |  6 PagesThe term the â€Å"Gilded Age† was coined by Mark Twain. â€Å"By this, he meant that the period was glittering on the surface but corrupt underneath.† With its period o f extreme economic growth, there was tremendous wealth, but only for the wealthy. 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Explication of a Poem Making a Fist by Naomi Shihab Nye Free Essays

The title contributes, to us readers as it shows, that we are alive and strong as long as we can still make a fist. The person speaking in this poem is speaking to her daughter after a long car ride of days and days, maybe even weeks. Her mother is giving her comfort and reassuring her that even though people go through obstacles, you need to be strong enough to go through many aspects in life to bring happiness. We will write a custom essay sample on Explication of a Poem: Making a Fist by Naomi Shihab Nye or any similar topic only for you Order Now And just tells her if you can still make a fist you are still alive. You will make it through because she believes her daughter has the strength to get through all the obstacles they have and will go through. This poem is very easy to understand, I think she did very well with her words and references of the content. I believe this story develops as a true statement, I think the lady speaking with her daughter has gone through similar obstacles as a child and her mother reassured her as she does for her daughter. It is always important to tell your children that they are strong and can make it through anything and that’s all she is trying to do. Many people face difficult times in life and that’s why it sounds so much like a true statement then just a story. Strength is very important to have and is always nice to have someone’s reassurance. Main idea of this poem is Strength. To never give up, and you are strong enough to get through anything even at rock bottom. The figurative language is symbolism the writer is giving her worlds to create the image using more meaningful words rather than a writers experience. How to cite Explication of a Poem: Making a Fist by Naomi Shihab Nye, Papers

Work Health and Safety Management Measures of People

Question: Describe about the Work Health and Safety Management for Measures of People. Answer: Introduction Work health and safety plan is essential for a construction site that sets out an arrangement while managing different safety and health related measures of the people present in the site. The work health and safety management plan is formulated for the safety of the workers who are working at the construction site. The WHS management plan is formulated for the Strathfield Apartments. The WHS management plan will be formulated based on different aspects of that will cover the safety aspects of the workers. Safety plan is not only formulated for the construction sites but also for the companies of other industries. The study will describe the various aspects of the safety management plan such as WHS policy, hazard identification and risk control, incident management, cooperation, consultation and coordination, site safety rules, safety and health site inspections, roles and responsibilities of various persons while controlling the site. WHS Plan WHS Policy The construction company has different types of policies that are formulated for the companies and for the construction sites separately. There are high risks to the workers who are working at the construction sites. Work and health safety policies are mandatory for these workers. The policies will be framed as per the nature of the site along with the different risks required for it. Policies will be framed for certain situations like hazardous manual tasks, managing health and safety risks, confined spaces, demolition work, managing electrical risks, risks of falls, industrial forklifts, labeling of the workplace hazardous chemicals, preventing falls, traffic management, and working in vicinity under the ethical considerations of the company. Different considerations of the above factors are considered to formulate the policy of work and health safety of the workers. The elements of the policy include different safety requirements that are necessary for the site workers. However, t he company must align the WHS policies to the corporate ethics of the company as well as other goals and objectives of the project handling (Bell 2013). The policies must follow the various codes of ethics and conducts of the construction company. Roles and responsibilities of persons in site Different type persons are present when construction is going on a site. The persons who are associated with the construction sites are principal contractor, contractor, workers, site doctors, fire safety experts, electrician, etc. The roles and responsibilities of the assigned people are described in the following: Principle contractor Preparing implementing and updating WHS management plan Identification and observation of legal requirements of the plan Identification of training required Consulting and communicating with workers Dispute of resolution Commencing planning while performing work safely Contractor They are responsible for identification of construction work related to high risks. The contractors comply with the regulations and duties of the safety policies, site rules and procedures Contractors ensure workers while engaging themselves in applying correct equipment and tools. Workers Workers are responsible for taking care of the reasonable care of the health and safety. Workers will be cooperating with the policies of the reasonable notified procedures and policies. Other people having WHS roles and responsibilities The electricians are present in the site are responsible for maintaining different faults in the machines. The doctors will take care of the emergencies that can occur anytime at the construction site. Fire safety operations department will take care of the hazards that can cause accidentally due to fire. Hazard identification and risk control Hazards are identified systematically while assessing risks before starting the projects and thereby using the risk control. It develops PPE issues and register in order to control risks that are associated with construction work with high risk (Jones and Nhung 2016). A risk management form is to be formulated that contains necessary works. Apart from that, risks are identified before identification of the buying any types of chemicals or when introducing any types of new machineries in the tasks. It can also occur whenever a new information is received by the workers and there is a miscommunication. It is the responsibility of the principal contractor while identifying tasks. In the risk management control, the following steps control the risks: Elimination Substitution Isolation Administrative control Engineering control Personal protective equipment The risk controls are implemented which are high in order and is responsible for implementing multiple controls. The workers who are associated with the work at the construction site are communicated with the types of possible risks along with the process of risk management tools. Communication of the possibilities of the occurrence of risks is essential among the different site worker, as it will help in escaping them from different kinds of risks and hazards. Safe work method statements The safety of the workers is not only the responsibility of the principal contractor. It is also a responsibility of the subcontractors, who maintains SWMS register. The SWMS register is known as safe work method statements register that is used in maintaining the safety of the workers and how much safe the workers feel while working. The workers are engaged into many types of works that have risks. It is the responsibility of the contractors to check the level of safety of the machineries through SWMS register. Different types of methodologies are communicated to the people that area associated with high-risk jobs. There are certain characteristics of high-risk jobs in a construction site. The method statements are defined in the SWMS register so that they can efficiently manufacture the WHS management plan (Jones and Nhung 2016). Apart from that, the commitment of the people associated with the company itself and the construction site is mandatory for the success of the management plan. Workers must have a sense of trust towards the company so that they can deliver their best while meeting the demands of the clients. A form of coordination is necessary for the benefit of the workers as well as the construction managers. Training and supervision Supervision of the workers is necessary which should be mentioned in the WHS management plan of the company. The principal contractors along with the subcontractors are engaged in formulation of a supervision or induction program for the workers before proceeding to the work. The supervision program will include the following aspects: Rules of the site Facilities Main points of the WHS management plan Site specific particular hazards Higher risk in the work activities Expectations of the WHS management plan that includes procedures and policies The training module of the WHS management includes the following aspects such as: Ensuring that workers are trained and competent enough so that they are efficient enough in performing their works Ensuring the requirements of the onsite training and the required supervision to the workers Organizing external training for specific tasks Seeking different licenses for the high risk related works in the site Ensuring that workers are prepared for dealing with any types of risks while understanding different kinds of the hazards and problems associated with it (Bell 2013). The principal contractor has to maintain training and competency register in order to point out the requirements of the need of the training for the workers. Co-operation, consultation and co-ordination Cooperation, co-ordination and consultation of the people who are working not only in the construction site but also to the company are required for the success of the WHS management plan. The principal contractor has the responsibility of maintaining all the aspects of the WHS management plan as well as the progress of the project. Client needs up to date information about their work in progress. In order to keep in track of the record, a toolbox meeting record is not only maintained by principal contractor but also to the list of sub contractors who are associated with the work of the construction project. Once the work and health safety plan is commenced then it has to be kept in track so that the plan will work when required. For perfect implementation of any strategy, coordination and communication is necessary. Conveying of the basic ideas of the workers is required for the efficient productivity while reducing the possibilities of health and safety risks (Bell 2013). It is see n that the persons associated with the work of construction are prone to various life risks. Hence, the needs of the toolbox meeting record maintenance by the principal contractors are essential for the safety of workers. Incident Management In a construction site, there are possibilities for many emergencies and incidents that can be hazardous for the various categories of workers. Notifiable incidents can include fatality, a situation that requires hospitalization, dangerous incident where some persons can lose their lives. In this situation, incident report should be maintained by the principal contractor for keeping the track of the incidents that will occur in the site. Apart from that, the code of ethics and emergency responses should be maintained in the incident report that will help the principal contractor (Jones and Nhung 2016). Apart from that, there is a stage of emergency preparedness. While ensuring different forms of emergency preparedness, some points have to consider While showing the workers, the checklists and emergency points of the WHS management plan. While checking and marking the locations and conditions of the fire extinguishers and keeping the track about the conditions Ensuring that all workers are alert of the various emergency checklists during the time of their induction During the time of any emergency condition, the principal contractor must be notified. Or someone can call the emergency number for preliminary help during the emergencies. Site safety rules The company must have to formulate rules regarding the health and safety concerns of the people working at the site. The rules of site must consider some general assumptions so that they can cover the basic possibilities of risks such as falling objects, personal protective equipments, falling from heights, working in trench or demolition work, underground essential services, excavation work. Apart from that, it is to be checked that the site amenities must be present in the construction site for the benefit of the workers. Basic site amenities include hygienic working environment, drinking water facilities and ethical behavior of the supervisors (Bell 2013). The principal contractor of the construction site has the duty to maintain site induction register that is required to keep the records of the various incidents and fatal disasters that have been occurred earlier in the site. The significance of the checklist maintenance is to rectify the errors that has been caused earlier while improving the health and safety concerns of the people in the site. However, the subcontractors also have to follow up with the result and effectiveness of the contingency plan that has been commenced for the benefit of the health conditions of the workers (Jones and Nhung 2016). Subcontractor Management In a construction site, under a principal contractor, many subcontractors are working in that place. The responsibility of the principal contractor is to manage all the works of the other categories of workers along with different types of subcontractors. The subcontractors have a definite role in commencing the WHS management plan for the improvement of the working conditions of the workers, that are responsible for doing high-risk works and for the people doing lower risks works. However, the principal contractor in this scenario have to maintain a subcontractor register while checking the progress of the different tasks assigned to the sub contractors not only for the clients but also for the work health and safety management plan (Jones and Nhung 2016). Management of the sub contractors is an important task that will determine the effectiveness of the result of the workplace health and safety management plan at the construction site of the company. The subcontractors are again ch eck the work in progress for the workers that work under them and their security and safety level because they have to formulate a report regarding these aspects. They have to show the report to the principal contractors of the construction site. Health and safety site inspections Inspection at a frequent interval is necessary because it will help in recognizing the number of injuries as well as the areas that can be a cause of various types of hazards. Apart from that, feedback should be taken from the different workers so that they can keep the health and safety concerns for them in a proper manner. In this case, daily inspection sheet should be formulated so that the possibilities of various hazards can be detected previously. The sub contractors have to track the record to the daily inspection sheet and they have to report it to the principal contractor of the site. Beside this, a register of injuries are to be enlisted in the register. It is essential for making any changes in the WHS management plan for the construction site of the company. The rate of injuries will also help the management bodies to determine the types of injuries that can be occurred in the future (Bell 2013). Further changes of the WHS management can be determined by the trends of inj uries that have been occurred earlier. Conclusion The WHS management plan is formulated based on some assumptions and previous trends of fatal accidents that have been occurred at the construction site earlier. There are many people who are involved in the plan such as principal contractor, sub contractors, different electricians, doctors, and experts, who are required in the WHS management plan. The roles and responsibilities of these persons are described in details. Besides this, various aspects of the health and safety plan are also explained in details. References Bell, V.R., 2013. The politics of managing a World Heritage Site: the complex case of Hadrians Wall.Leisure Studies,32(2), pp.115-132. Jones, T.E. and Nhung, D.T.H., 2016. Local constraints on community participation in cultural world heritage site management: The case of Hoi an ancient town, Vietnam.CAUTHE 2016: The Changing Landscape of Tourism and Hospitality: The Impact of Emerging Markets and Emerging Destinations, p.1017.