Post on 05-Apr-2018
7/31/2019 The Malaysian Government System
1/30
THEGOVERNMENT
STRUCTURE ANDSYSTEM
7/31/2019 The Malaysian Government System
2/30
INTRODUCTION
Practices parliamentary democracy and is
ruled as a constitutional Monarchy with
Yang di Pertuan Agong as the head of the
country.
The federal Constitution of Malaysia
divides the authority of the federation into
its Legislative authority,Judicial authority
and Executive authority
7/31/2019 The Malaysian Government System
3/30
The Malaysian Governmentfollows the Constitution ofthe Federation of Malayawhich was promulgated onMerdeka day, August 31,1957 (revised in 1963) insetting up itsadministrative and policymaking decisions
Under the constitution,Malaysia as a federation isruled as a ConstitutionalMonarchy with theappointment of the Yang di-Pertuan Agong (King orSupreme Sovereign) as thehead of the country
7/31/2019 The Malaysian Government System
4/30
State level, each ofthe nine states of
Perlis, Kedah, Perak,Selangor, NegeriSembilan, Johor,Pahang, Terengganuand Kelantan isruled by its ownSultan
Melaka, PulauPinang, Sabah and
Sarawak the Yangdi-Pertuan Negeri(Governor of State)is the head of State
7/31/2019 The Malaysian Government System
5/30
Government structure
Governmentdepartments
MinistersGovernment
ministries
Prime Minister
Executive Authority
citizen
SenateHouse of Representative
Legislative Authority
Courts
ChiefJudge
Judicial Authority
Yang Di pertuan Agong
7/31/2019 The Malaysian Government System
6/30
YANG DIPERTUAN
AGONG
The supreme head of Malaysia
He is elected by the conference ofrulers for a term of 5 years or when
those post fall vacant.
Must be one of the nine rulers.
7/31/2019 The Malaysian Government System
7/30
THE RIGHTS AND ROLE
OF YDPA 1- Executive authority - Even every act flows from his authority
but YDPA must act in accordance with
the advice of cabinet.
However some situation he may act in
his personal discretion:
a- The appointment of PM b- The withholding of consent to a
request for a dissolution of Parliament.
7/31/2019 The Malaysian Government System
8/30
c - call for a meeting for a conference
of rulers.
3 important functions vested in theYDPA but exercise on advice.
a- He is the supreme commander of
armed forces but this role is purely
ceremonial.
b- He has power to grant pardons,
reprieves and respites in respect of
all criminal offences committed in thefederal territories and all offences
trialable by the Syariah courts in
Penang,Melaka,Sabah and Sarawak.
7/31/2019 The Malaysian Government System
9/30
c- He has the power to appoint certain
members of the Dewan Negara(senate)
2- Legislative power He has 30 days to assented the bill passed
by Parliament otherwise on expiry of the
30 days period, it becomes law.
3- The prerogative
- The only prerogative which exist are
those which are traditional aspects of the
rulers power (included Agong) such as thepower to award honours and other
ceremonial powers.
7/31/2019 The Malaysian Government System
10/30
COUNCIL OF RULERS The council is represented by
Rulers and Governors.
It has 2 important roles:
1- to safeguard the interests and
status of Malay rulers:
a- selection of the YDPA and the
Deputy YDPA
b- Approves or disapproves any act,
practice or religious ceremony
(Islam) that involves the Federation
as a whole.
7/31/2019 The Malaysian Government System
11/30
7/31/2019 The Malaysian Government System
12/30
commissions such as Public Service
comm, the Election Comm, Education
comm and countrys Chief Auditor- thecouncil must be informed in advance
of the appointments of the posts
Conference of rulers is held 3 or 4
times a year and each conference
lasts 3 days.
It may be regarded as a forum for
closed discussion among Rulers, the
Federal and State government and for
decision making in the interest of the
nation.
7/31/2019 The Malaysian Government System
13/30
Power to create the laws governing the country . Headed by the Yang di-Pertuan Agong, the
Parliament consisted of two separate bodies; the
Dewan Negara (Senate) and the Dewan Rakyat
(House of Representative). makes law which is applicable to the country as a
whole ,have the authority to control government
expenditure ,serves as a forum for criticism and
the focus of public opinion Ninth Schedule of federal constitution also states
that legislative power is to be shared between the
Federal Government, State Government which
systematically distributes it in a Federal list ,State
List and Concurent list
7/31/2019 The Malaysian Government System
14/30
7/31/2019 The Malaysian Government System
15/30
7/31/2019 The Malaysian Government System
16/30
Power to govern the country Authority power is vested in the Yang
di-Pertuan Agong
The body which exercise this power is
the Cabinet; a group of Minister headed
by the Prime Minister
Each Minister must be approved by the
King. Prime Minister and the Cabinet
primarily regulates policy for domestic
and foreign affairs.
7/31/2019 The Malaysian Government System
17/30
Holds the Chief Executive title in Governing
the country
Won the majority seat in the Dewan Rakyat
Main duty to preside over the Cabinet and tosupervise the various portfolios in the
Government.
acts as advisor to the King on his duty such
as the appointment and termination of FederalJudges, the filling and firing of senior
executive in Civil Services and the passing of
bills
7/31/2019 The Malaysian Government System
18/30
The Judiciary or the area of justicelies with the courts.
The status of the Judiciary is alsoclearly embodied in the Federal
Constitution (Article 121 (1)).
Head of the Judiciary is the Lord
President of the Federal Court. theauthority vested in the Superior and
Subordinate Courts
7/31/2019 The Malaysian Government System
19/30
According to Tun Mohamed Suffian, thecourts have four big areas of jurisdiction:
1. The power to interpret the Constitution
2. The power to interpret law
3. The power to proclaim a written Federal
or State law invalid.
4. The power to declare a government
action as invalid in the eyes of the law.
7/31/2019 The Malaysian Government System
20/30
Superior Courts comprise the Federal
Court, Court of Appeal, the High Court
of Malaya and High Courts of Sabah
and Sarawak.
In Peninsular Malaysia, SubordinateCourts are established under the
Subordinate Court Act 1948, and
comprise the Penghulus Court,
Magistrates Court and Sessions Court
7/31/2019 The Malaysian Government System
21/30
7/31/2019 The Malaysian Government System
22/30
7/31/2019 The Malaysian Government System
23/30
The High Court has
jurisdiction to try all
civil matters but
generally confinesitself to matters on
which the Magistrates
and Sessions Courts
have no jurisdiction.
These include matters
relating to divorce and
matrimonial cases,
appointment of
guardians of infants,
the granting of probate
of wills and testaments
and letters of
administration of theestate of deceased
persons, bankruptcy,
and other civil claims
where the amount in
dispute exceeds
RM250,000.00
The High Court may
hear all matters but
generally confines itselfto offenses on which
the Magistrates and
Sessions Courts have no
jurisdiction, for instance,
offenses which carry
the death penalty.
The High Court may hear
appeals from the
Magistrates and SessionsCourts in both civil and
criminal matters.
7/31/2019 The Malaysian Government System
24/30
7/31/2019 The Malaysian Government System
25/30
7/31/2019 The Malaysian Government System
26/30
7/31/2019 The Malaysian Government System
27/30
7/31/2019 The Malaysian Government System
28/30
Function of State advisory council(EXCO) is the same as Cabinet atfederal.
Lead by Menteri Besar or Chief Ministerwho appointed by sultan/ YDP
Give advise to the Sultan about state
administration State List comprises matters such asland, agriculture, forestry, localgovernment, reverie fishing, Muslim
law, etc
http://www.amazon.co.uk/exec/obidos/ASIN/9812340785/highadventuar-217/31/2019 The Malaysian Government System
29/30
State list Concurrent list
Muslim law Social welfare
Land Scholarship
Agriculture & Forestry Protection of wildlife
Local government Town & country planning
Riverine fishing Drainage & venery
Library, Museum Housing
Local government Culture & sport
7/31/2019 The Malaysian Government System
30/30
References
Hasnah Hussiin, Mardiana Nordin,
, Fajar Bakti,
Sdn. Bhd., Kuala Lumpur, 2000. INTAN, , INTAN,
Kuala Lumpur, 1999.
http://www1.mmu.edu.my/~husni/in
dex2.html.
http://www1.mmu.edu.my/~husni/index2.htmlhttp://www1.mmu.edu.my/~husni/index2.htmlhttp://www1.mmu.edu.my/~husni/index2.htmlhttp://www1.mmu.edu.my/~husni/index2.htmlhttp://www.kehakiman.gov.my/