THE GOVERNMENT STRUCTURE AND SYSTEM

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

The Malaysian Government follows the Constitution of the Federation of Malaya which was promulgated on Merdeka day, August 31, 1957 (revised in 1963) in setting up its administrative and policy making decisions Under the constitution, Malaysia as a federation is ruled as a Constitutional Monarchy with the appointment of the Yang diPertuan Agong (King or Supreme Sovereign) as the head of the country

 State level, each of the nine states of Perlis, Kedah, Perak, Selangor, Negeri Sembilan, Johor, Pahang, Terengganu and Kelantan is ruled by its own Sultan Melaka, Pulau Pinang, Sabah and Sarawak the Yang di-Pertuan Negeri (Governor of State) is the head of State

Government structure
Yang Di pertuan Agong

Executive Authority Prime Minister

Legislative Authority Senate House of Representative citizen

Judicial Authority Chief Judge Courts

Ministers Government ministries Government departments

YANG DIPERTUAN AGONG

The supreme head of Malaysia He is elected by the conference of rulers for a term of 5 years or when those post fall vacant. Must be one of the nine rulers.

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.

 c - call for a meeting for a conference of rulers. 3 important functions vested in the YDPA 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 the federal territories and all offences trialable by the Syariah courts in Penang,Melaka,Sabah and Sarawak.

 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 the power to award honours and other ceremonial powers.

 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.

COUNCIL OF RULERS

 2- Administration affairs of the country. a- 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. b- Appoints members of the Special Courts Grants pardon, postpones or commutes sentences under Section (1) Art. 182. c- deliberate matters pertaining to national policies and all other matters deemed necessary. D- appointment of officers such as judges, the chairman, deputy chairman and members of

 commissions such as Public Service comm, the Election Comm, Education comm and countrys Chief Auditor- the council 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.

The Legislative Authority

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

The separation of power at federal, state & concurrent levels

Federal list External Affair Defense Internal security Civil & criminal law State list Muslim law Land Agriculture & Forestry Local government Concurent list Social welfare Scholarship Protection of wildlife Town & country planning

Citizenship
Finance Commerce & industry Shipping Commuincation & transportation

Revering fishing
Library,Musuems Local government

Drainage & venery

Housing Culture & sport

Education Health Labors Fishery

Tourism

The Executive Authority

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.

Prime Minister
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 to supervise the various portfolios in the Government. acts as advisor to the King on his duty such as the appointment and termination of Federal Judges, the filling and firing of senior executive in Civil Services and the passing of bills

Judicial Authority
The Judiciary or the area of justice
lies with the courts. The status of the Judiciary is also clearly embodied in the Federal Constitution (Article 121 (1)). Head of the Judiciary is the Lord President of the Federal Court. the authority vested in the Superior and Subordinate Courts

 According to Tun Mohamed Suffian, the courts 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.

 Superior Courts comprise the Federal Court, Court of Appeal, the High Court of Malaya and High Courts of Sabah and Sarawak. In Peninsular Malaysia, Subordinate Courts are established under the Subordinate Court Act 1948, and comprise the Penghulus Court, Magistrates Court and Sessions Court

 East Malaysia, based on an amendment made in 1981 to the Subordinate Court Act 1948, the Subordinate Courts comprise the Court, Magistrates, Native Court and Sessions Court. Chief Justice is appointed by His Majesty the Yang di-Pertuan Agong on the advice of the Prime Minister after consulting the Conference of Rulers and the appointment is applied to all courts Federal Court of Malaysia is the highest judicial authority and the final court of appeal in Malaysia.

The Superior Courts

Superior Courts

(a) The Federal Court The Federal Court hears appeals from the Court of Appeal.
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(b) The Court of Appeal The Court of Appeal hears appeals from the High Court relating to both civil and criminal matters.
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(c) The High Court

A) CIVIL JURISDICTION The High Court has jurisdiction to try all civil matters but generally confines itself 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 the estate of deceased persons, bankruptcy, and other civil claims where the amount in dispute exceeds RM250,000.00

B) CRIMINAL JURISDICTION The High Court may hear all matters but generally confines itself to offenses on which the Magistrates and Sessions Courts have no jurisdiction, for instance, offenses which carry the death penalty.

C) APPELLATE JURISDICTION The High Court may hear appeals from the Magistrates and Sessions Courts in both civil and criminal matters.

SPECIAL COURTS
Was established on March 30, 1993 vide Act A848, now provided for in Article 182 of the Federal Constitution . states that "any preceding by or against the Yang diPertuan Agong or the Ruler of a State in his personal capacity shall be brought in a Special Court established under clause (1) of Article 182 chaired by the Chief Justice of the Federal Court and he shall be assisted by four other members, namely the two Chief Judges of the respective High Courts and two other persons appointed by the Conference of Rulers who hold or have held office as a judge. has exclusive jurisdiction to try all offenses committed in the Federation by the Yang di-Pertuan Agong or the Ruler of a State and all civil cases by or against the Yang diPertuan Agong or the Ruler of a State, notwithstanding where the cause of action arose

State Structure
Sultan State Advisory Council (EXCO
)

State Legislative Council

 Sultan or Yang di-Pertua Negeri is the head of state He has the prerogatives to summon and dissolve the Assembly upon the advice of the Chief Minister He delivers a State Address at the official opening of each new session of the Dewan

STATE FEDERATION

 Yang di-Pertua Negeri has to assent to all Bills passed by the Dewan before they become laws He has power to grand pardons, reprieves and respites in respect of all other offences committed in his State.

 Function of State advisory council (EXCO) is the same as Cabinet at federal. Lead by Menteri Besar or Chief Minister who appointed by sultan/ YDP Give advise to the Sultan about state administration State List comprises matters such as land, agriculture, forestry, local government, reverie fishing, Muslim law, etc

State list

Concurrent list

Muslim law Land Agriculture & Forestry Local government Riverine fishing Library, Museum
Local government

Social welfare Scholarship Protection of wildlife Town & country planning Drainage & venery Housing
Culture & sport

References
Hasnah Hussiin, Mardiana Nordin, Pengajian Malaysia, Fajar Bakti, Sdn. Bhd., Kuala Lumpur, 2000. INTAN, Malaysia Kita, INTAN, Kuala Lumpur, 1999. http://www.kehakiman.gov.my/ http://www1.mmu.edu.my/~husni/in dex2.html.