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Chapter 3 : The Malaysian Government System

By: Nurhani Hazirah


In the 15th Century, the administrative structure was
clearly following the Malay Annals identified three
core elements that became the basis for the
founding of the Melaka government.
In 19th Century, the arrival of British led to changes
in the political and administrative system and
accepted the new administrative structure known as
the Separation of Power
Through this system, the body that drafts and enacts
laws (Parliament) is not involved in the judiciary
system (under the Judiciary Body) nor administrative
matters (under the Executive Body)
Executive Body- Carries out administrative
matters in the country
Legislative Body- Formulates the drafts laws
Judicial Body- Executes and dispenses justice
* The Executive Body cannot intervene in
matters under the purview of the Judiciary
and Legislative Bodies.
However, it is very difficult to completely
separate power as all three bodies are inter-
connected.
In terms of judiciary, the prime minister is
responsible for advising the YDPA on suitable
candidates to be appointed as judges after
consulting with National Chief Judge.
The PM is also part of Dewan Rakyat (HOR) is
tasked with drafting law with other ministers
The Council of Rulers is an official body with
the highest position and status in the
country.
The body is comprised of the nine Sultans
and four governors or Yang di-Pertua Negeri
of the other four states (Melaka, Sabah,
Sarawak and Pulau Pinang)
The body is led by the YDPA.
Electing the YDPA and his deputy
To grant or withhold consent on the matter
involving the Islamic faith for the whole of
Malaysia except Sabah and Sarawak
A special body with the power to protect the
special privileges of the Malays. Any claims
or issues to the Malays position must first be
conferred by the council.
The YDPA is the Supreme Head of State and
indirectly heads the three components of the
countrys government system.
YDPA is elected every five years among nine
Malay rulers by the Council of Rulers.
In executive matters, the YDPA acts as the
head of state and head of federation, YDPA
has extensive power
The discretionary power of the YDPA and the
State Governors are limited as they must act
on the advice of the Prime Ministers.
Among the YDPAs duties are:
1. Advisory duties
2. Discretionary duties
3. Highest ranking officer of the military
4. Grants royal assent to the draft of laws
5. Declare a state of emergency if necessary
6. Appointing Officials.
Executive powers are structured into
1. Federal level
Play important rules in governing and
administering the country. The existence of
Cabinet, ministries, statutory bodies and
commissions has contributed to the
efficiency of administration in Malaysia.
Constitutes the Cabinet led by the PM
The Cabinet comprises the ministers
elected.
Each ministers leads a ministry unit.
The main duties of Cabinet involve in
drafting and executing the countrys highest
policies
PM is the leader for Council of Ministers
The ministers act as the spokesperson
PM also acts as a chairperson in the Council
of Ministers meetings every Wednesday.
PM is responsible for national policies.
The Cabinet will plan the policies to be
introduced in the country.
The Ministry is the highest agency in the
federal administrative machinery
The portfolio of PM is carried out by the
Prime Ministers Department.
The minister would be assisted by the
deputy.
The are 24 ministries.
The head of administrator is the Secretary-
General
The head administrator for PM Department is
Chief Secretary to the Government.
2. State Level
Executive power at the state level is held by
the King/Sultan/State Governor.
Appoint State Government Meeting Council
(EXCO) and Chief Minister will lead the
Council.
EXCO is the same with the cabinet at the
federation level.
All administrative matters confined within
the State Constitution.
Responsible for direction of a districts
development
3. District Level
Peninsular Malaysia, administration at district
level is led by District Officer, assisted by deputy
district officers
The local government administration is
implemented by the District Council and City
Council.
The main function of both councils is to develop
the town/city area only.
The administration of the local government is
led by the Councils Chairperson, the District
Officer.
The Head of the Administration of a Local
Council is the Secretary of the Local Council
The basic functions is to enforce the will of
the state as expressed by the legislature,and
to carry out the decisions of the courts
(judicial bodies).
The most fundamental functions are those
which relates to the essential activities of
daily administration.
Executives YDPA PRIME MINISTER
APPOINMENT Conference of Rulers(COR) Elected and appointed
Chooen among the 9th among equal by YDPA from
state Royal Houses majority party

Duration OF APPOINMENT 5 YEARS 5 YEARS

TERMINATION Of unsound mind and Lost in election,


health incapability prosecuted in court law
liable to a line exceeding
RM2,000/jail
QUALIFICATION The most eligible >30 years old, Malaysian
Sultan/Raja resident
POWER Disband Parliament, Power Chief Executive and Chief
to pardon, appointing PM Administartor. Advising
and juidges YDPA
FUNCTION Head of the Nation, Chief Head of Government, Chief
of Armed Forces, Head of Diplomat, Chairman of
the Islamic Affairs and Coalition Party
Customs
The states in the Malay Peninsular practiced
the Malay Customs Laws while Sabah and
Sarawak the Bumiputera Customs Laws were
practiced.
Is a body, responsible for making laws,
policies or amendment of laws
It occupies a superior place
The executive and judicial bodies cannot
function until the legislature has functioned.
Today, the Government of Malaysia gives the
mandate to Parliament as the countrys
legislative body.
1. Federal Level
In executing the power of the legislation
and justice, the Parliament plays a part
that is extremely substantial.
Main function of legislature is make
laws/amend/replace old laws
The structure of the Malaysian Parliament
contains the following components:
Parliament breaks into Senate and House
of Representative.
The parliament is the legislative body for the
federal government and it enacts law that
can be enforced notionwide.
Functions of Parliament:
- to legislate, amend, and drafting bill of law.
- to enact laws concerning, defense, safety ,
finance , education, welfare
- to introduce new taxes
- to approve the national budget for a certain
year
It is a forum to discuss matters pertaining to
public interest
Parliament cannot amend law on islamic
religions, Malay customs, Sabah and Sarawak
origins customs unless permission from the
state had already been obtained.
At the end of the five-year period, the
Parliament is automatically dissolved and
within 60 days from the date, a General
Election to elect representative for the
Dewan Rakyat has to be held, and the
Parliament calls for a meeting a date not
more than 120 days from the date
dissolvement.
DEWAN NEGARA (SENATE) DEWAN RAKYAT (HOR)

Headed by YDPA Headed by the Speaker


Members are known as Senators The speaker is assisted by Deputy
Senators are appointed , not selected Speakers.
Consist of 70 members Members are politicians who have won
the parliamentary seats.
Party with the most votes can form a
government to rule the country
Serve 5 years (subject to Parliament
dissolution)
The life of Senate is not affected by the Duties:
dissolution of Parliament To chair the HOR
Senators are drawn from the ranks of Ensure the rules and rehulations are
distinguished individuals adhered by the members
To inform Election Commision should
there be a vacancy
The role of Dewan Negara: Discretionary power:
To discuss and pass bills that have been Allow and reject question from members
passed by the Dewan Rakyat Determine whether the question should
Does not possess the power to reject the be answer by Minister
bill presented to it. To postpone assembly
Only empowers to delay passing a bill for To ask member to leave or stop member
a period of one month if it does not agree from attending the assembly
The judiciary powers for judicial bodies in
Malaysia are collected in Article 121 of the
Federal Constitution of Malaysia.
Freedom of the judiciary body can be seen
by its position which is unbiased and
independent from the control of the other
two branches of the government which is the
executive and legislation.
The court in Malaysia today is based on the
federation system.
All the types of court are structured in the
federation system in the sense that these
courts comes under the authority of the
Federation government and not the State
governement.
Courts in Malaysia are organized in two
types:
a) Federal Courts (Superior Courts, Lower Courts, and
Special Courts)
b) State Courts (comprising of Shariah court and the
Customs court)
Democracy is a form of government whereby the
power to draft laws as well as the structure of
the government are determined by the people.
Democracy is define as the government by the
people or the elected representative from the
election.
A political or social unit empowered by all its
members.
A parliamentary democracy is a system of
governance by elected representative. The
government is formed only after an election
process.
Malaysia is a Monarchy
A monarchy administration system that based
on the provision by the Constitution
The Agong is a constitutional monarch-he
does not have absolute power except certain
powers conferred by the constitution.
The Agong is elected every 5 years
This system was the innovation of the
countrys first Prime Ministers, Tunku Abdul
Rahman.
Means that the action of a citizen who fulfills
the condition or voting or choosing a candidate
or representative, who in his opinion is able and
capable of representing the community in an
electoral constituency.
The whole process finally determines which
candidate or party wins or forms the
government.
Elections serve as a mechanism whereby citizens
choose their leaders.
A general elections must be held within 60 days
of the dissolution of Parliament and the new
Parliament must be summoned within 120 days
of dissolution.
A casual vacancy must be filled by holding a
by-election (Dewan Rakyat) or appointment
by (Dewan Negara) within 60 days.
Functions of the Election Commission
1. To form a democratic government
2. To ensure continuity of leadership
3. Choose candidates to fill top government
post
4. Strengthen the stability and legitimacy in
political organization and community.
Review and delineate new electoral division
Handle the registration of voters and revision
of electoral rolls
Hold general elections and elections for
smaller districts.
Register contesting candidates and ensure all
candidates fulfill the required criteria and
are eligible for election.
In the Malaysian context, the concept of the
power segregation is not practiced
thoroughly.
This is due to that the 3 branches the
legislative, executive and judiciary
interconnected with one another.

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