The Malaysian Government System

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THEGOVERNMENT

STRUCTURE ANDSYSTEM


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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


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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


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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


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Government structure

Governmentdepartments

MinistersGovernment

ministries

Prime Minister

Executive Authority

citizen

SenateHouse of Representative

Legislative Authority

Courts

ChiefJudge

Judicial Authority

Yang Di pertuan Agong


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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.


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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.


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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.


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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.


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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.


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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.


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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


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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.


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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


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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


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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.


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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


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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.


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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-21


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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


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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/

The Malaysian Government System

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