Strengthening Malaysian Parliamentary Democracy Through Private Member’s Bills

Executive Branch ◽

Parliamentary Democracy ◽

Full Extent ◽

Agenda Setter ◽

Formal Mechanism ◽

At present, the ability of the Malaysian Legislature – specifically the House of Representatives (Dewan Rakyat) – to effectively check and balance the powers of the Executive is impeded by the lack of a formal mechanism enabling the deliberation and debate of Private Member’s Bills. The Government or the Executive branch remains the primary agenda-setter in Parliamentary sittings, thus undermining the full extent of legislative independence and representative debate taking place in the August House. Drawing on local and international examples, this article argues in favour of allocating space to Private Member’s Bills within the parliamentary agenda and consequently returning legislators their rights and agencies towards strengthening Malaysia’s parliamentary democracy.

KEDUDUKAN MAHKAMAH KONSTITUSI SEBAGAI LEMBAGA NEGARA BERDASARKAN UNDANG-UNDANG DASAR 1945

Solusi ◽

10.36546/solusi.v17i2.167 ◽

2019 ◽

Vol 17 (2) ◽

pp. 94-105

Author(s):

Johansyah Johansyah

Keyword(s):

Political Parties ◽

Vice President ◽

Executive Branch ◽

Constitutional Court ◽

State Institutions ◽

The Supreme Court ◽

Election Results ◽

The Republic ◽

The Constitutional Court is the executive branch of the judiciary that is independent and separate from other branches of power, namely the government (executive) and legislative institutions. The Constitutional Court as a first and last level judiciary does not have an organizational structure as large as the Supreme Court which is the peak of a judicial system whose structure is vertically and horizontally covers five judicial environments, namely the general court environment, the state administrative court environment, the religious court environment, and military court environment. As an organ of judicial power that operates the judicial function, the Constitutional Court is independent, both structurally and functionally. The functions and authorities of the Constitutional Court based on Law No. 24 of 2003, namely the Constitutional Court has the authority to hear: Test the laws against the Republic of Indonesia 1945 Constitution; Decide on authority disputes between state institutions whose authority is granted by the Republic of Indonesia 1945 Constitution; Decide the dissolution of political parties; Decide disputes about election results; Give a verdict on the opinion of the House of Representatives that the President and / or Vice-President are suspected of violating the law in the form of treason, corruption, bribery, other serious crimes, or despicable acts, or no longer fulfill the conditions as President and or Vice President, as intended in the Republic of Indonesia 1945 Constitution.

DEKADENSI PEMILIHAN HAKIM AGUNG OLEH DPR RI

Bilancia: Jurnal Studi Ilmu Syariah dan Hukum ◽

10.24239/blc.v14i1.509 ◽

2020 ◽

Vol 14 (1) ◽

pp. 73-104

Author(s):

Rustam Magun Pikahulan

Keyword(s):

Supreme Court ◽

Rule Of Law ◽

Good Governance ◽

Constitutional Court ◽

Due Diligence ◽

The Rule Of Law ◽

The Supreme Court ◽

Institutional Status ◽

Abstract: The Plato's conception of the rule of law states that good governance is based on good law. The organization also spreads to the world of Supreme Court justices, the election caused a decadence to the institutional status of the House of Representatives as a people's representative in the government whose implementation was not in line with the decision of the Constitutional Court. Based on the decision of the Constitutional Court No.27/PUU-XI/2013 explains that the House of Representatives no longer has the authority to conduct due diligence and suitability (elect) to prospective Supreme Judges proposed by the Judicial Commission. The House of Representatives can only approve or disapprove candidates for Supreme Court Justices that have been submitted by the Judicial Commission. In addition, the proportion of proposed Supreme Court Justices from the judicial commission to the House of Representatives (DPR) has changed, whereas previously the Judicial Commission had to propose 3 (three) of each vacancy for the Justices, now it is only one of each vacant for Supreme Court Judges. by the Supreme Court. The House of Representatives no longer has the authority to conduct due diligence and suitability (elect) to prospective Supreme Judges proposed by the Judicial Commission. The House of Representatives can only "approve" or "disagree" the Supreme Judge candidates nominated by the Judicial Commission.

The rotating Presidency of the Council of the EU – Still an agenda-setter?

European Union Politics ◽

10.1177/1465116520916557 ◽

2020 ◽

Vol 21 (3) ◽

pp. 497-518

Author(s):

Austė Vaznonytė

Keyword(s):

Institutional Changes ◽

The European Union ◽

Issue Salience ◽

Political Factors ◽

Agenda Setter ◽

Panel Model ◽

The Government ◽

Council Presidency ◽

Over Time ◽

The Eu

What role does the rotating Council Presidency maintain a decade after Lisbon? This article argues that, regardless of institutional changes, the rotating Presidency still shapes the Council agenda to a large extent. Based on an original hand-coded dataset of rotating Presidency programmes between 1997 and 2017, I show that some policies are ‘stickier’ on the Council agenda, while the others exhibit significant changes in salience over time. Since the magnitude of these shifts varies from Presidency to Presidency, the analysis focuses on domestic political factors and the country positioning vis-à-vis the European Union to determine their relationship with agenda volatility. By means of a panel model, the examination demonstrates that the government issue salience can best explain the levels of issue salience in the Presidency programmes.

Business Lobbying: Mapping Policy Networks in Brazil in Mercosur

Social Sciences ◽

10.3390/socsci7100198 ◽

2018 ◽

Vol 7 (10) ◽

pp. 198

Author(s):

Galia Benítez

Keyword(s):

Decision Making ◽

Trade Policy ◽

National Level ◽

Executive Branch ◽

Policy Networks ◽

Policy Network ◽

Common External Tariff ◽

Policy Structure ◽

Business Lobbying ◽

In the creation of trade policy, business actors have the most influence in setting policy. This article identifies and explains variations in how economic interest groups use policy networks to affect trade policymaking. This article uses formal social network analysis (SNA) to explore the patterns of articulation or a policy network between the government and business at the national level within regional trade agreements. The empirical discussion herein focuses on Brazil and the setting of exceptions list to Mercosur’s common external tariff. It specifically concentrates on the relations between the Brazilian executive branch and ten economic subsectors. The article finds that the patterns of articulation of these policy networks matter and that sectors with stronger ties to key government decision-makers have a structural advantage in influencing trade policy and obtaining and/or maintaining their desired, privileged trade policies, compared with sectors that are connected to government actors with weak decision-making power, but might have numerous and diversified connections. Therefore, sectors that have a strong pluralist–clientelist policy structure with connections to government actors with decision-making power have greater potential for achieving their target policies compared with more corporatist policy networks.

Organization of the Executive Branch of the National Government of the United States: Changes between October 1, 1939, and April 11, 1940

American Political Science Review ◽

10.2307/1949356 ◽

1940 ◽

Vol 34 (3) ◽

pp. 512-518

Author(s):

L. F. Schmeckebier

Keyword(s):

United States ◽

The United States ◽

Executive Branch ◽

National Government ◽

Executive Order ◽

Reorganization Plan

As in previous lists, mention is here confined generally to units specifically authorized by law or established by the President by executive order or Reorganization Plans under general authority vested in him. Changes in units created by heads of departments or independent establishments are excluded unless of major importance.A. Reorganization Plan No. III, under authority of the act of April 3, 1939 (53 Stat. L. 561), was transmitted to Congress on April 2, 1940; it will become effective 60 calendar days thereafter; a resolution disapproving the plan was adopted by the House of Representatives, but was rejected by the Senate. The changes made by this plan are as follows:Administrator of Civil Aëronautics. The designation of the Administrator of the Civil Aëronautics Authority is changed to Administrator of Civil Aëronautics.

Das Zeitalter der Künstlichen Intelligenz als Herausforderung für die Parlamente

Zeitschrift für Parlamentsfragen ◽

10.5771/0340-1758-2021-1-159 ◽

2021 ◽

Vol 52 (1) ◽

pp. 159-181

Author(s):

Arne Pilniok

Keyword(s):

Artificial Intelligence ◽

Digital Technologies ◽

Digital Transformation ◽

Processes Of Change ◽

Parliamentary Democracy ◽

Democratic Representation ◽

Government Administration ◽

Technological Developments ◽

Different Dimensions ◽

The digital transformation is permanently changing the government, administration, and society . This process is being intensified by the much-discussed technologies of artificial intelligence, and poses a variety of challenges for parliaments and indirectly for parliamentary studies . Their different dimensions have not been discussed comprehensively so far, although the technological developments affect all parliamentary functions and their premises . This article systematizes and structures the various effects of the age of artificial intelligence on parliamentary democracy . Namely, the conditions of democratic representation change, the innovation-friendly regulation of digital technologies becomes a parliamentary task, parliamentary control has to be adjusted to the use of algorithms and artificial intelligence in government and administration, and possibly, the epistemological and organizational structures of parliamentary work might have to be adapted . This provides starting points for future detailed analyses to adequately capture these processes of change and to accompany them from different disciplinary perspectives .

Text of Resolution Which Entered the United States into World War

Journal of Education ◽

10.1177/002205741708501704 ◽

1917 ◽

Vol 85 (17) ◽

pp. 455-456

Keyword(s):

United States ◽

United States Of America ◽

The United States ◽

World War ◽

German Government ◽

The People ◽

Successful Termination ◽

The World ◽

The following is the text of the resolutions which officially entered the United States into the world war:— “Whereas the imperial German government has committed repeated acts of war against the government and the people of the United States of America; therefore be it “Resolved by the Senate and House of Representatives of the United States of America in congress assembled, that the state of war between the United States and the imperial German government, which has thus been thrust upon the United States, is hereby formally declared; and that the President be and he is hereby authorized and directed to employ the entire naval and military forces of the United States and the resources of the government to carry on war against the imperial German government; and to bring the conflict to a successful termination all of the resources of the country are hereby pledged by the Congress of the United States.”

Powers and Limits of State during COVID-19 Pandemic: a Critical Appraisal

Yuridika ◽

10.20473/ydk.v36i3.26600 ◽

2021 ◽

Vol 36 (3) ◽

pp. 663

Author(s):

Iwan Satriawan ◽

Devi Seviyana

Keyword(s):

Rule Of Law ◽

Critical Appraisal ◽

Balance Of Power ◽

The State ◽

Fundamental Rights ◽

State Of Emergency ◽

The Rule Of Law ◽

Power Limits ◽

The research aims to analyze the power and limit of the state and whether Indonesia has properly adopted the concept of powers and limits during state emergency of COVID-19 pandemic. The method of the research was normative legal research which used statute and case approach were employed for data analysis. The result shows that a state may apply some types of power in an emergency condition. However, in using its powers, the government must consider principle of limits in a state of emergency. In fact, Indonesia does not properly adopt the balance of power and limit in the state of emergency during COVID-19 pandemic. It is true that the government may take actions to respond to the COVID-19 pandemic. However, the State cannot exceed the limitations of using powers in accordance with state emergency principle. There was a tendency to exceed the limits by the State during the pandemic. The State has violated some state of emergency principles during COVID-19 pandemic such as temporary, the rule of law, necessity, proportionally, intangibility, constitutionalism, harmony, and supervision. The research recommends that the Government and the House of Representatives (the DPR) in the future should obey the state of emergency principles, particularly in terms of state power limits to respect constitutional principles and rule of law. In addition, individuals, groups of people, or organizations may submit judicial review of laws or regulations that violate the state of emergency principles in handling pandemic in the light of protecting the fundamental rights of citizens.

RECONSTRUCTION REGULATION OF AUTHORITY OF LEGISLATIVE MEMBER IN PREVENTING CRIMINAL CRIMINAL ACCOUNT BASED ON JUSTICE VALUES

Jurnal Pembaharuan Hukum ◽

10.26532/jph.v4i3.2330 ◽

2017 ◽

Vol 4 (3) ◽

pp. 316

Author(s):

Wandi Subroto

Keyword(s):

Great Power ◽

Legislative Body ◽

The People ◽

The House of Representatives is a central legislative body that represents the people in parliament. The authority of each legislative member and as an institution has been regulated by legislation. The authority of the House of Representatives as an institution is huge, and the great power tends to be misused, such as committing a criminal act of corruption. Corruption is a crime that is very detrimental to the state's finances and hinders the government to prosper its people, then a justice-based arrangement is needed to prevent corruption within The House of Repre-sentatives as a legislative body.

Dinamika Konsepsi Penguasaan Negara Atas Sumber Daya Alam

Jurnal Konstitusi ◽

10.31078/jk12210 ◽

2016 ◽

Vol 12 (2) ◽

pp. 401

Author(s):

Ahmad Redi

Keyword(s):

Natural Resources ◽

Constitutional Court ◽

State Control ◽

Control Rights ◽

Control Concept ◽

Control Right ◽

The Government ◽

Draft Bill ◽

The Guardian

Discourse concerning state control concept on natural resources in Article 33 clause (3) of the 1945 Constitution is very dynamic. Such dynamic can be seen on a variety of conceptions of state control rights on natural resources formulated in various acts in natural resources area. Lack of single concept on ‘state control right’ will impact to unfavorable situation where natural resources shall escape from conception of state control right and into control not by the state. The Constitutional Court as the Guardian and Interpreter of the Constitution has a significant role to ascertain that an act in natural resources area really adopt the principle of state control on natural resources in Indonesia. This article analyzes on dynamics of conception of state control on natural resources in various acts and the role of the Constitutional Court in guarding and interpreting acts in natural resources in order to be in accordance with Article 33 clause (3) of the 1945 Constitution. From the result of analysis a conclusion is achieved that there are many different concepts of state control on natural resources in various acts in natural resources area. The Constitutional Court indeed has made interpretation on state control right. In order to make the conception stronger it is necessary to have an act in natural resources area as instruction of Article 33 clause (5) of the 1945 Constitution that further provisions of Article 33 shall be regulated by an act. Moreover, DPR (The House of Representatives) and the Government have to make certain or definite the concept of state control right in every draft bill of natural resources area so that liberalism and capitalism stream will not erode the principle of state control right.