The document summarizes the Malaysian government system. It outlines that in the 15th century, the administrative structure followed the Malay Annals with three core elements forming the basis of the Melaka government. In the 19th century, the arrival of the British led to changes and the acceptance of the separation of powers system. This system separates the executive, legislative, and judicial bodies. The executive body carries out administration, the legislative body formulates laws, and the judicial body dispenses justice independently. Key figures like the Yang di-Pertuan Agong and the Prime Minister are also discussed along with their roles and powers.
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Malaysian Studies Chapter 3 the Malaysian Government System(4)
The document summarizes the Malaysian government system. It outlines that in the 15th century, the administrative structure followed the Malay Annals with three core elements forming the basis of the Melaka government. In the 19th century, the arrival of the British led to changes and the acceptance of the separation of powers system. This system separates the executive, legislative, and judicial bodies. The executive body carries out administration, the legislative body formulates laws, and the judicial body dispenses justice independently. Key figures like the Yang di-Pertuan Agong and the Prime Minister are also discussed along with their roles and powers.
The document summarizes the Malaysian government system. It outlines that in the 15th century, the administrative structure followed the Malay Annals with three core elements forming the basis of the Melaka government. In the 19th century, the arrival of the British led to changes and the acceptance of the separation of powers system. This system separates the executive, legislative, and judicial bodies. The executive body carries out administration, the legislative body formulates laws, and the judicial body dispenses justice independently. Key figures like the Yang di-Pertuan Agong and the Prime Minister are also discussed along with their roles and powers.
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.