You are on page 1of 11

OF

N OF

:
Version Date [March 2015]

MALAYSIAN CONSTITUTION MAIN FEATURES 2

The three branches of government are the

LEGISLATIVE
EXECUTIVE
JUDICIARY
The Legislative make laws.
The Executive administers the laws.
The Judiciary interpret the laws.

MALAYSIAN CONSTITUTION HISTORY 3

1
LEGISLATIVE
(BADAN PERUNDANGAN)

MALAYSIAN CONSTITUTION LEGISLATURE 4

Parliament
Article 44

The Malaysian parliament is a bi-cameral legislature:

Dewan Negara
The Dewan Negara (the Senate) is the upper house

Dewan Rakyat
The Dewan Negara (House of Representatives)
is the lower house

PARLIAMENT BUILDING, KL

MALAYSIAN CONSTITUTION LEGISLATURE 5

Dewan Negara
Article 45

70 senators
44 senators are appointed by the King (on the advice of the Executive)
and 26 are elected by the State Legislatures (2 by each State).

3 year appointments
Each appointment is for a 3 year term,
not affected by the dissolution of Parliament.

2 terms maximum
A person can only be a senator for
a maximum of two terms,
whether consecutive or otherwise.

PARLIAMENT BUILDING, KL

MALAYSIAN CONSTITUTION LEGISLATURE 6

Dewan Rakyat
Article 46

222 members
The 222 members of the Dewan Rakyat are elected from:
Sarawak

Johor

Sabah

Perak

Selangor

31

26

25

24

22

Kedah

Pahang

Kelantan

Penang

KL

15

14

14

13

11

Terengganu

N. Sembilan

Melaka

Perlis

Putrajaya

Labuan

1
5
year 1term

Each member remains in office for


a term of five years or
until the dissolution of Parliament

PARLIAMENT BUILDING, KL

MALAYSIAN CONSTITUTION LEGISLATURE 7

Parliamentary Cycle
Article 55

First Meeting
Each Parliament starts from the date of its first meeting

5 years
Each parliament lasts for 5 years from the date of its first meeting,
unless dissolved earlier by the King at the request of the PM.

General Elections within 60 days


Once a Parliament is dissolved, general elections must be held
within 60 days of the date of dissolution.

Next Parliament within 120 days


The next Parliament must meet within 120 days of the dissolution

MALAYSIAN CONSTITUTION LEGISLATURE 8

Power to make laws


Articles 73 - 79

Parliament may make laws on matters under the federal and the
concurrent legislative lists.

Federal List

Concurrent List State List

Only Parliament may make


laws on matters in the
Federal List

Both Parliament and State


Legislatures may make laws
on matters in the
Concurrent List

Parliament may authorise any State


Legislature to make laws on matters in the
Federal List, subject to any conditions or
restrictions which Parliament may impose
(Article 76A)

If any State law is inconsistent with Federal


law, the Federal law shall prevail over the
State law and the State law shall be void to
the extent of the inconsistency (Article 75)

State Legislatures may make


laws on matters in the State
List

Parliament may make laws on matters on the


State List in certain circumstances, such as
for the purpose of promoting uniformity of
the laws of two or more States (Article 76)
State Legislatures have the residual power to
make laws on any matter not falling within
any legislative list (Article 77)

MALAYSIAN CONSTITUTION HISTORY 9

2
EXECUTIVE
(BADAN EKSEKUTIF)

MALAYSIAN CONSTITUTION LEGISLATURE 10

Yang di-Pertuan Agong


Article 32

The Yang di-Pertuan Agong is the supreme head of the


federation.
Elected by the Conference of Ruler for a term of five years.
May at any time resign his office by writing to the conference
of rulers and shall cease to hold office on
ceasing to be a Ruler.

PARLIAMENT BUILDING, KL

MALAYSIAN CONSTITUTION OTHER PROVISIONS 11

Conference of Rulers
Article 38

The Conference is a constitutional body comprising the Rulers


and the Yang di-Pertua-Yang di-Pertua Negeri. Its functions include:
1 Electing and removing the King and his Deputy
2 Giving or withholding consent (veto rights) over matters such as:
Constitutional amendments relating to matters in Article 159(6).
Laws affecting the privileges, position, honours or dignities of the
Rulers
Laws amending Article 152 (Malay language) or Article 153 (Special
position of bumiputras)
Certain appointments such as members of the Public Service
Commission and the Elections Commission
3 Deciding on the extension of any religious acts, observances or
ceremonies to the whole country

You might also like