Professional Documents
Culture Documents
System refers to the divisions, each of which has a function and a role to play which contribute towards the system as a whole
The structure of a government refers to the stratifications in which each division works to maintain and render more efficiently the administration of the country There are three basic bodies the executive, legislative and judiciary The country s government and administration is divided into two levels the federal and state
The federal government is empowered to administer the whole of the Malaysian Federation The state government is empowered to rule and manage the administration at the state level with powers invested by or based on the Federal Constitution as the highest laws of the land
Sultan or Yang Dipertua Negeri for the Stae within a fixed period of time The Judiciary To keep watch so that the laws do not go against the provisions in the Federal Constitution and to prevent the executive from abusing its power It can decide if the laws are valid or cannot be enforced because they exceed their powers of
jurisdiction as specified in the Federal Constitution and act as an institution that defends the supremacy of the Constitution and sees to the balance of power between the Executive and the Legislative bodies to reinforce the people s belief in the government It also defends justice by judging all offences committed , settles disputes between parties
whether it be between the central and state government, the two state governments, the public and the central or state government, or between individuals It acts objectively in carrying out its duties of respecting the sovereignty of the counbtry s laws the judgments and punishments decided upon do not take into account, nor are they
influenced by, the status, rank, race, religion or descent of the individual Administration at the Federal Level According to the Federal Constituion (Articlee 39), the power of the executive at the level of the federal government lies in the hands of the Yang di-Pertuan Agong This means his Highness is the supreme head
of the country and can exercise the power to rule However, as specified in the Constitution, the executive power is exercised by the Cabinet or by any minister empowered by the Cabinet Parliament, through the laws, can also delegate the implementation of the executive duties to other people, such as the General Elections Commission, the Public Services
Commission, the Immigration and the Customs According to the Constitution [Article 40,(1)], His Highness, when carrying out his executive duties, has to act on the advice of the Cabinet or a Minister, who is acting under the general powers of the Cabinet This means that although His Highness is the country s supreme head, he does not have the
absolute power to act as he likes and thus avoid being directly involved in the political matters of the country and the implementation of the country s governance and administration Instead His Highness has the right to access to whatever information regarding the government of the Federation from the Cabinet
This is the practice of the concept of Parliamentary Monarchy This also illustrates that the system of Parliamentary democracy protects justice and every citizen is subject to the laws of the country To prevent this institution from being tarnished the Yang di-Pertuan Agong cannot
do business, receive any emolument, not allowed to continue with his duties as the ruler of his state nor hold any salaried position, cannot leave the Federation for more than 15 days at any one time without the approval of the Council of Rulers except on official national matters Selection Selected by rotation from among the nine Malay
rulers in the Federation based on certain procedures as spelt out in the Third Schedule of the Constitution Every ruler, when his turn comes, qualifies to be chosen unless he is still a teenager or himself decides he does not want to be chosen, or any shortcoming such as mental or health problem, or if the members of the Council of Rulers with the ballot support of at least five members are
convinced that he is unfit to be King The most senoir sultan or ruler in the line-up is qualified for selection Seniority is based on the length of time the ruler has been ruling the state, taking into account the period before independence The position is for a period of five years The selection now has gone into the second round
The period can be shortened if His Highness withdraw from the position apart from decease The position is not sacred and can be dismissed by means of a secret ballot with the support of at least five members of the Council of Rulers The period can also be shortened if His Highness ceases to be ruler of his own state
the special rights, status, honour and importance of the rulers and other matters, as stated in the Constitution Membership and Role of the Council of Rulers The Council is represented by the Rulers or Sultans of nine states and also the Yang Dipertua Negeri (Governor) of Malacca, Penang, Sabah and Sarawak However, in the conference of the Council of
Rulers, other people can represent the Sultan or Ruler or the Governor, on condition that the respective State Constitution allows it Generally the Council has two important roles: the first is tied to the interests of the Malay rulers and religion while the second involves the administrative affairs of the country as clearly specified in the Constitution(Article 38,[2]). They are:
1. Selection of the Yang di-Pertuan Agong and the Deputy Yang di-Pertuan Agong 2. Approves or disapproves any act, practice or religious ceremony that involves the Federation as a whole 3. Approves or disapproves any law and gives advice on whatever appointment that, under the Constitution, requires the approval of, or consultations with the Council of Rulers
4. Appoints members of the Special Court inder Section (1) Article 182 5. Grants pardon, postpones or commutes sentences under Section 12, Article 42 6. Deliberate matters pertaining to national policies (such as amendments to the immigration policy) and all other matters deemed necessary
discussion among the Rulers, the Federal and the State government and for decision-making in the interest of the nation The collective decision taken in the conference can be regarded as a joint effort between the Rulers and the Federal government on the one hand and the people on the other towards creating an effective national system of administration and government
The Cabinet
The concept of the Cabinet actually existed in the period of the Malacca Malay Sultanate with names like Benbahara, Laksamana, Temenggung, Shahbandar and Orang Besar 4, 8, 16 and 32 (dignitaries) were cabinet lineups of the time The status of the Cabinet is also embodied in the Constitution (Article 43) It is headed by a Prime Minster with ministers
appointed by the Y.D.P. Agong on the advice of the Prime Minister It is made up of those who represent the party with the majority in Parliament Prime Minister The appointment is performed by the YDP Agong He is chosen fron among the members of the House of Representatives with the support of
the majority, while the other ministers can be from the House of Representatives and the Senate If he fails to have the support of the majority, he has to resign (Article 43 [4]) The term of the Cabinet depends on the how long it is approved by the YDP Agong upon the advice of the Prime Minister or a minister can resign voluntarily for specific reasons
Ministers Normally all ministers are members of the Cabinet that form the ruling government body This body is responsible for carrying out the highest executive powers held by and on behalf of the YDP Agong He can be responsible for one or more portfolios, that is ministries
The Prime Minister determines the ministers portfolios based on suitability, and the appointment is made by the YDP Agong The Deputy Prime Minister is also appointed by the YDP Agong on the advice of the Prime Minister Those appointed as Deputy Ministers are not members of the Cabinet The minister is responsible for carrying out
the duties entrusted upon him according to the Ministers Responsibilities Act There are also ministers who are appointed without portfolios and are known as Ministers Without Portfolio, and their responsibility is to help the Prime Minister to carry out specific duties
current problems encountered by the country and the government It s a closed meeting and held every Wednesday A policy to be implemented by a ministry must first be presented in the Cabinet meeting through a Cabinet paper (working paper) by the minister concerned Before presentation, he has to hold
consultations and discussions with the departments under his ministry and also other ministries This is to assure the ministry s credibility and as not to have adverse affect upon its implementation All matters discussed are confidential and recorded by the Cabinet Secretary, that is, the Chief Secretary of the country who is also an advisor to the Cabinet on matters strictly related to the affairs of service only
This means as in democratic practice, he shall accept the decision of the majority even though the decision may not involve the ministry he is heading He has to defend the decision because cabinet members are jointly responsible for the government s policies If he fails to accept the decision of the majority, the simplest alternative is for him to
leave the Cabinet or resign from the government this spirit of agreement is important within the Cabinet that acts as a body to carry out the executive powers to create a strong organization in the implementation of the policies of the government Thus, a policy to be implemented is achieved through collective agreement and is jointly defended by the members of the Cabinet and not according to one s whims and fancy
Even though the YDP Agong is a component of Parliament, His Majesty is not involved in making the laws The table below clearly shows that the lawsmaking process is carried out with the utmost care:
v. vi.
Two issues of importance are involvedhere First, technically speaking, the proces shows that the members of the Parliament Assembly who make the country s laws, take the task very seriously Secondly, even though the power to stop any draft has been much reduced through Constitutional amendments, the YDP Agong still has the authority to command Parliament to
to reconsider any part of a bill In this context, His Majesty acts as a prudent body to ascertain that laws to be enforced are not inadequate in anyway This shows that the laws enforced later will not disadvantage or come down hard on any party but instead take care of the interests of the people and the country under the rule of parliamentary democracy
The Judiciary
The Judiciary or the area of justice lies with the courts It is the third body or component in the practice of delegating authority and its status is also clearly embodied in the Federal Constitution (Article 121[1]) Its basic role is to defend justice for everyone regardless of the status, special rights, colour, political ideology, religion, size of the
organization or its influence and thus is directly able to create and maintain national peace which in turn allows the process of ensuring the well being of the people to run smoothly The Constitution acts as a guide to the Judiciary According to Tun Suffian (1987: 138) the courts have four big areas of jurisdiction:
1. The power to interpret the Constitution 2. The power to interpret a 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 These powers are important to defend justice and the sovereignty of the laws
Since some of those involved in making the laws are also members of the Cabinet or the State Legislative Assembly, it is the responsibility of the Courts to act as the check and balance body so that the laws made in Parliament (known as Acts) or in the State Legislative Assembly (known as enactments) do not exceed the limits stipulated by the Constitution
As such, the Courts are empowered to declare a written Federal or State law invalidif: 1. The law clashes with Article 74,[1] of the Constitution 2. The law is outside the jurisdiction of Parliament or outside the jurisdiction of the State Legislative, Article 74[1] and [2] or 3. The State law contradicts the Federal law, Article 75
According to the provisions of the Federal Constitution, Article 121[1], there are two High Courts in the states of Malaysia, the High Court of Malaya with its registered headquarters in K. L. And another in Sabah and Sarawak which are called the Sabah High Court and Sarawak High Court or Borneo High Court respectively which have the same power and status and are headed by a Chief Judge of the High Court
The Lower Courts in Malaysia consist of the Sessions Court, the Magistrate Court and Penghulu Court In Sabah and Sarawak, the Sessions Court is known as the District Court or Mahkamah Anak Negeri The Magistrate Court is divided into Magistrate Court Class One and Two, the difference lies in the type of cases examined
and the fine imposed on the offenders if judged guilty The Penghulu Court is the lowest of the courts in the judicial system and it judges minor cases at the village level in Peninsular Malaysia Besides these, there are also courts known as Special Courts the Juvenile Court that tries and judges under-aged children (juvenile) who
are accused; the Industrial Court which hear cases involving workers and employers; the Syariah Court deals with cases relating to violation of Islamic laws; the Bumiputra Court in Sabah and Sarawak handle cases relating to customary laws It is obvious that the division of the types of courts depends on the power of the court, which again hinges on the nature of the case
and the total amount of fine involved Freedom of the Court The judicial body is free from political influence or pressure which is guaranteed under certain provisions in the Constitution The court is not afraid in carrying out its duties that can affect adversely the process of administering justice to reinforce society s confidence
According to Article 127 of the Constitution, the behaviour of the judges of the Federal Court, Court of Appeal or High Court cannot be simply discussed in any Parliamentary Council The dismissal of a judge can only be made in careful adherence to procedures specified in the Constitution which is in line with the actual post of the judge himself whose
appointment too is made according to Article 122B[1] of the Constitution is made by the YDP Agong on the advice of the Prime Minister after consultations with the Council of Rulers The high position of the courts where the people are concerned is also protected under Article 126 ; whomsoever is disrespectful to the Federal Court, the Court of Appeal or the
High Court can be punished Thus there is a mutual relationship between the courts and the public Based on the laws passed by Parliament and the policies collectively decided by the Cabinet, the role of the executive as the ruling body, implements them But to ensure there is no abnormality, the judiciary acts as a vigilant body
The administrative system of the government in the country is not in the hands of the royal family Their position is further strengthened through the Federal Constitution with the setting up of the institution of the YDP Agong Heads of State and the Constitution The ruler is the head of a state and symbolizes the sovereignty of the state concerned
For Selangor, Perak, Pahang, Johore, Kelantan, Kedah and Terengganu, the head of the state is known as the Sultan Yang Dipertuan Besar is the title for the head of Negeri Sembilan while Raja is for Perlis For other Malay states without a ruler such as Malacca, Penang, Sabah and Sarawak the head is known as the Yang Dipertua Negeri Their position is protected under the Federal
Constitution, Article 70[1] and they take priority over everybody else in their respective state His Majesty has the right to inherit and to hold, to enjoy and execute Parliamentary and special rights according to the constitution of the state is assured by Article 71[1] Like the YDP Agong, the Raja or Sultan cannot be charged in any court for charges of an
official nature but can be indicted for an offence of a personal nature in the Royalties Special Court as specified in Article 181[2] of the Constitution Authority Rules according to the laws or constitution of the state which means that His Highness is the chief executive for the respective state, though based on the act of advice principles,
that is, following the advice of the State Executive Council which is chaired by the Menteri Besar, with the exception of certains powers that allow him to make decisions according to his discretion that inculdes: 1. The appointment of the Menteri Besar 2. The refusal to assent to the request for dissolving the State Legislative Assembly
3. the request for the Rulers Council to meet to discuss the special rights, position, sovereignty and supremacy of the rulers or issues pertaining to religious acts, practices and ceremonies 4.Whatever duty as head of the Islamic religion or Malay customs 5. The appointment of the heir or queen, the acting ruler or the Acting Ruler s Council
6. The appointment of people holding ranks, titles, honours and designations according to Malay customs and determining the duties concerned 7. Making rules relating to the royal audience hall and the palace This means that His Highness has no absolute power except matters pertaining to royal affairs, customs and ceremonies and religious issues on Islam
The Ruler or Sultan is the leader of the Islamic religion for their respective states according to Article 3[2] of the Constitution and safeguard the sacredness of Islam and has the power to grant pardon or to postpone sentences for offences tried in the public and the religious courts in their states The Yang Dipertua Negeri in Malacca, Penang, Sabah and Sarawak do not have this power and
this power lies in the hands of the YDP Agong who is the religious leader of these states State Executive Council The State Council resembles the Cabinet of Ministers at the federal level In the Malay states with Raja/Sultan, this bosy is headed by the Menteri Besar, whereas for states that do not have a sultan, it is the Chief Minister who heads it
In the Peninsular, it is known as the State Executive Council, but in Sabah it is known as the Cabinet and in Sarawak it is called the Supreme Council the State Executive Council has the executive power and is responsible for forming various state policies, implements them and acts as advisor to the ruler or the Yang Dipertua Negeri The members of the council head certain
portfolios that are called differently in different states Like the members of the Cabinet, the members of the State Executive Council are collectively responsible for decisions taken by the body that forms the state government
It functions as the council that listens, debates and draws up the acts of the state for application in the states known as enactments Membership The members of this assembly are the sultan/ruler or Yang Dipertua Negeri and a number of State Legislative Council members who are chosen by the people through an independent general election and three other
members appointed by the state government: they are the State Secretary, the State Legal Advisor and the State Finance Officer These three appointed members are not involved in the sanctioning of the enactments or state laws Only members of the State Legislative Assembly are involved in presenting, debating and approving the acts
state public works, sate government machinery and state public holidays It can also pass laws relating to the Common List that involves matters commonly shared between the Federal and State governments All acts presented and drawn up must be submitted for approval by the ruler or Yang Dipertua Negeri for gazetting or reporting before they can be enforced
The ruler or YDP Negeri is not involved in the Assembly debates but only attend the opening ceremony that is before the Assembly debate takes place which is similar to that at the federal level The State Administrative Machinery The State Government Department The state administrative machinery lies with the departments created at the state level,
subject to the regulations embodied in the Federal Constitution itself These departments carry out the state executive powers in the name of the ruler or YDP of the state government The hub of the administration is the office of the State Secretary as chief of the state public service with the cooperation from state departments created by the public service
of each state Except for Malacca, Penang, Sabah and Sarawak, the State Public Service Commission appoints all the state government officers For the other four statesm the Federal Public Service Commission appoints To render the state level administration more efficient and smooth, posts are filled by
officers seconded from the Federal Government Coordination between the State and Federal Government To ensure uniformity in the national government administration, a mechanism for coordinating the central government with the state government is created through two levels
The first level is through the National Land Council, the National Finance Council and the National Council for Local Government The second level is carried out by a number of special committees that hold meetings and discussions from time to time for the purpose of coordination between both the central and state governments
The heart of the administration at the district level (territory in Kelantan) is the District Office headed by a District Officer, except for Sarawak, which is divided into several divisions headed by a Resident The District Office plans and implements all development at this level which includes the administration and development of the local community under its care
The administration and development of the mukim (district in Kelantan) is helped by the penghulu (penggawa in Kelantan, pemancha in Sarawak and ketua suku kaum in Sabah) A village headman (penghulu in Kelantan) assists the penghulu to administer the social affairs at the village level The relationship between the penghulu and the village headman is very close and they
form a bridge between the executive in the District Office and the people at the lower level in the village The District Officer channels all information, directives, development programmes and government policies to the mukim leader, then to the village headmen and to the village community
This is done through a special meeting held from time to time Members of the State Legislative Assembly (SLD, leaders of the mukims, chairpersons of the Committee for the Progress and Security of Villages (CPSV) in the State Legislative Council constitution and also all government development agencies attend the meeting
known as the meeting of the Committee for the Coordination of State Legislative Assembly Areas Development Plans (CCSLADP) chaired by the District Officer and discusses development plans in the area jointly developed by the village and the agency The purpose of the discussion is to combine available manpower and resources to render more efficient the process of material and
human development At the village level the post of the village headman or Tok Sidang ( a form of address in some districts such as Malacca) is appointed by the District Office at the suggestion and recommendation of members of the State Legislative Assembly To facilitate the administration and coordination of manpower, a village head
constitutes the chairperson of the CPSV known since the Second Malaysia Plan and formerly called the Committee for Village Development (in the 60 s) has the heavy responsibility of helping the government to bring medernization and development to the villages The Committee is the platform for the ordinary folks to discuss, plan and carry out
rural development programmes besides keeping them safe from the threat of drugs, moral degradation and so on Some of the projects include the rehabilitation of villages, building concrete bridges and improving the roads Cooperation between the CPSV with other agencies such as the Department of Agriculture, the Department of Animal Husbandry, the Department of Health, RISDA, FELCRA, Social
Welfare Department, the Department of Drainage and Irrigation help to bring progress to the rural areas As a voluntary organization, 10 to 15 members of the CPSV, representing a variety of groups of the rural society, do not receive any monthly remuneration Only the village headman who acts as the chairman of the CPSV receives an annual honorarium
The central or federal government cannot question decisions made and methods of implementation taken at this level This type of decentralization is known as deconcentration which practises power sharing The second mechanism occurs when a body or organization is created for the purpose of administering and managing the district or
or local settlement itself which is called devolution (handing down of power) The body created has the power to make decisions quickly and efficiently for the interests of the local inhabitants and the membership comprises local people whether appointed or chosen and this is often linked to the Local Government
Areas that come under the responsibilty of the body involve largely the work of preparing facilities and social services that covers cleanliness, beautification, recreation, business, the supervisory control of buildings, construction and maintenance of roads and other things that contribute towards the wellbeing of the local citizens that is to enhance the quality of life of the local community
To meet its management expenses, the body has the power to have by-laws for the purpose of imposing taxes, rents and charges for other services used by the local population Officers, who have been charged with the responsibility, take care of the administration of the organization and its finances and thewy are appointed or chosen according to the 1976 Local Government Act
Generally there are two kinds of Local Government, the Town Council in the main urban areas like Penang, Malacca, Ipoh and Kuala Lumpur and other big towns, and the District Councils found in smaller towns with the authority to administer the rural areas The burden of the state s responsibility is today jointly shared with this body through the social services and support provided
Power is shared between the two and the sharing of power is embodied in the Constitution itself On the whole , smart power sharing ensures the smooth performance of the country s ruling administration The public too, is involved in managing the nation and these reflect the features of democracy in the Malaysian style or system of government administration