Malaysian Studies

Lesson 8

Malaysian Government System

The main components of Malaysian Government System

The formation of the Malaysian government

system

The main components of the Malaysian Government System

The Executive Body

The Royal Council

The Legislative Body

The Judiciary Body

THE FORMATION OF THE MALAY GOVERNMENT SYSTEM

• Malaya instituted a new administrative structure, known as Power Segregation System upon gaining independence.

• This style of administrative was proposed by Montesqiu. He suggested the ruling pattern in a country to be segregated to avoid power domination by certain party.

• In the Malaysian context today, this segregation theory can be seen in three main forms of the ruling powers.

Power Segregation System

Three Main Branches of Government

Executive Body ( Administration ) Carries out matters involving the

administration of the country.

Legislative Body ( Law ) Formulates the drafting of laws

Judiciary Body ( Judgement ) Executes and dispenses justice

The main components of the Malaysian Government System

The Royal Council

The Executive Body

The Legislative Body

The Judiciary Body

THE ROYAL COUNCIL – MAJLIS RAJA-RAJA

• The Royal Council is the official body with the most superior position. It is made up of nine Sultans and four state governors.

• Among the responsibilities carried out by the Council are :

o Selecting the High Majesty ( Yang di-Pertuan Agong ) and his deputy.

o Approving or disapproving the customs of Islam for the whole of the Malay Federation, except Sabah and Sarawak.

o Agreeing or disagreeing to any law or offering advice on the appointment of any position which requires the approval of the Royal Council.

o Giving their opinion on country policy and matters related to the development of the country.

The main components of the Malaysian Government System

The Royal Majesty

Legislative Body

Parliament

Administrative Body

Senate

House of Representative

Commission

Judiciary Body

Ministry

The Cabinet

The Prime Minister

Supreme Court

Chief Court

High Court

Lower Court

HIS MAJESTY, THE YANG DI-PERTUAN AGONG

• His Majesty, The Yang di-Pertuan Agong (YDPA), acts as the Head of Country and the head to three branches of the government.

• Among the duties of the YDPA include : advisory duties discretionary duties being the highest ruler of the military approving the draft of the laws declaring an emergency when needed giving amnesty

DULI YANG MAHA MULIA SERI PADUKA BAGINDA YANG DIPERTUAN AGONG SULTAN ABDUL HALIM MUADZAM SYAH IBNI ALMARHUM SULTAN BADLISAH

THE EXECUTIVE BODY ( ADMINISTRATION )

The executive Power at the Federation Level

The Board of Ministers / Cabinet

The Prime Minister

Minister

The Deputy Minister

The Cabinet Ministers

• The main duty of the cabinet is formulating and executing the country’s highest policy.

• The body is led by the Prime Minister and his other ministers.

• The Prime Minister is appointed by His Majesty, the Yang di-Pertuan Agong.

• The other ministers are appointed by the YDPA after being advised by the Prime Minister.

The Executive Power at the State Level

King/Sultan/State Governor

The State Government Meeting Council

The State Legislative Assembly

The state level administration • All administrative matters are confined within the State

Constitution.

• The issues which fall under state rule include Religion Agriculture Education Forestry Land administration Water Any other others which are pivotal for the

development of the state.

THE LEGISLATURE/ LEGISLATIVE BODY

The Royal Majesty ( YDPA )

The Royal Council

Parliament

The Legislative Body at the Federation Level

The structure of the Malaysian Parliament

Parliament Senate

House of Representativ

es

Parliament • Consist of the YDPA, the Senate and the House of Representatives.

The Senate• Consist of 69 members or senators.• A senator’s position lasts for three years and he cannot hold this

position for more than two terms.• A senator must also be 30 years of age and above.

The House of Representatives• Consist of 195 members ( 182 from the states in Malaysia, 10

from KL Federation Territory and 3 from Labuan Federation Territory.

• Must be of 21 years of age and above.

The function and powers of the Parliament.

• To make, alter/abolish the law ( legislative power )

• To impose new taxes, additional ones or abolish

any taxes.

• To approve the nation’s budget for a specific year.

The process of enacting the law in the parliament.

• The parliament has the power to make the laws in the way that the Senate and the House of Representatives approve a draft of the laws as well as by the YDPA.

• Every draft of the bill must be approved by a Parliamentary council through four stages before it is approved, which are :a) The First Readingb) The Second Reading c) Discussion at the Committee Leveld) The Third Reading

The Stages for the Drafting of Any Law

The legislative power at the State Level

King/Sultan/State Governor/ State Legislative Assembly

The State Legislative Body

The Membership of the State Legislative Body

1. The main function of the King/Sultan/State Governor is to :-

i. call upon the State Legislative Assembly to have a meeting, to stop and dismiss it.

ii. Acts to give approval to the state laws that have been approved by the State Legislative Assembly.

THE JUDICIARY BODY

• To execute the judicial duties in this country, a court system in needed.

The System and Pattern of Justice in Malaysia

Court Federal Court State Court

1. The court in Malaysia is based on the federation system.

2. Supreme Court, High Court, Section Court, Appellate Court, Magistrate Court, Military Court, Labour Court, and Mineral Inspection Court are all federations ( comes under Federation government and not the State government. )

3. The Malaysian courts are divided into two:a) The Federation Court, consisting of Superior Court,

Lower Court and Special Court.b) The State Court, consisting of the Shari’a and the

Custom Courts.

Classification of courts in Malaysia

The Federation Court

1. Superior Court • Supreme Court

• Appellate Court

• High Court of Malaya and Borneo

2. Lower Court • Section Court

• Juvenile Court

• Magistrate Court Class I and Class II

• Minor Demand Court

• Chieftain Court

3. Special Court • Military Court

• Industrial Court

• Labour Court

• Special Royal Court

• State Court

State Court 1. Shari’a Court • Shari’a Appellate Court

• Shari’a High Court

2. Custom Court

( Sabah and Sarawak )

• District Custom Court

• Officer / Custom Head Court

• Chieftain Court