LESSON 5 SYSTEM AND STRUCTURE OF MALAYSIAN GOVERNMENT 1.

0 Introduction In the name of Allah, Most Gracious, Most Merciful In the previous topics, we have gone through the history of Malaysia starting with Malacca era, then the colonization era, the struggle for independence up to the formation of Malaysia. Now, Malaysia exists but how it is governed? Thus, in this topic, we are going to see how the country is governed by certain bodies. We will discuss the current Malaysian government system. For your information, the current system and structure are actually based on structure of the Federation of Malaya with some modifications made in order to suit the modern demands of the country. 2.0 Learning Outcomes By the end of the topics, you should be able to: 1. 2. 3. 4. Explain the system of Malaysian governance Identify the three main ruling bodies Discuss the functions of the Executive, Legislative and Judiciaries bodies Differentiate the functions and role of each ruling bodies

3.0 List of Topics 3.1 The System and Structure of Government 3.2 The Main Bodies 3.2.1 3.2.2 3.2.3 Legislative Executive Judiciary

4.0 Terminologies 4.1 Monarchy system A governmental system in which the head of state is a single person such as king 4.2 Parliamentary democracy system Democratic form of government in which the party (or a coalition of parties) with the greatest representation in the parliament (legislature) forms the government, its leader becoming prime minister 4.3 Absolute power To have complete control over something 4.4 Separations of Powers Division of the legislative, executive, and judicial functions of government among separate and independent bodies

5.0 Topics 5.1 The System and Structure of Government 5.1.1 Presentation Malaysia practices a combination of two systems i.e monarchy system and parliamentary democracy system. Under this system, the head of the country is the king (Yang Dipertuan Agong) and Sultan or Yang Dipertua Negeri or Yamtuan Besar Negeri (Negeri Sembilan) is the head of the states. The YDPA, Sultan or Yang Dipertua Negeri or Yamtuan Besar Negeri (Negeri Sembilan) is assisted by officials i.e Cabinet of Ministers at executive level and State Executive Council (SEC). Those officials are elected by the people through a democratic way that is through a general election. Those who win the election will form the government of Malaysia with the consent of the king. The head of government is the Prime Minister. There are three main bodies that govern the country the executive, legislative and judiciary. The structure of government and administration is divided into two levels i.e the federal and state level. Those three main bodies exist in both level of administration. All the powers of the King, the three main bodies, the federal and state government are given by the Federal Constitution as the highest laws of the country. It means, everyone in this country is subject to the Federal Constitution including the King. That is why the king in Malaysia is a constitutional king. Their actions must be within the jurisdiction given by the Constitution. 5.1.2 Activities a) From the discussion, can you draw the structure of the Malaysian government at the federal and state level? You may find information from any sources such as websites, books, and articles to assist you drawing the structure. b) If you want to know more about the parliamentary democracy system which is practiced in Malaysia, visit this website: http://www.parlimen.gov.my/eng-pengenalan-lblakng.htm

5.2 The Main Bodies 5.2.1 Presentation As mentioned earlier, there are three main bodies in structure of the government. Do you still remember those three bodies? The bodies are: a. Legislative Body b. Executive Body c. Judiciary Body This division is based on the theory of separations of powers in which the powers of each body do not overlap and each has its own roles. Besides that, the theory does not allow any interference of a body over another. Do you know why the powers of the bodies are separated as such? The reason is to ensure the neutrality or objectivity of each body. In other words, each body is not allowed to influence the decision and action of other bodies. For example, a minister who represents the Executive body cannot give a direction to a judge of Judiciary to make decision on a court case according to the

Ministers wish. The theory also aims at preventing any body from possessing absolute power that may lead to power abuse. Legislative Body The function of the body is to enact laws, amend and pass laws. It exists at the federal and state level. At the federal level, the legislative body is the Parliament while at the state level, it is the State Legislative Assembly (Dewan Undangan Negeri-DUN). Federal Level The Parliament comprise of the following components:

a) The Yang di-Pertuan Agong (YDPA) Head of the Parliament His Highness does not involve directly in the process of regulating law Normally, His Highness just officiate the opening of parliamentary seating YDPA will approve bill that has been passed by the Senate & the House of Representative b) The Senate (Dewan Negara) Its members are called Senators who are appointed by the government. The term of office is 3 years and cannot exceed two terms (whether continuously or alternately). Senators can only be re-elected once, consecutively or non-consecutively. A Senator is appointed among the circle of prominent citizens who have served the society or country in various fields or professions. The roles of Dewan Negara is to discuss and pass the bills that are passed by the Dewan Rakyat before being forwarded to Yang di-Pertuan Agong. It is headed by Yang Dipertua who presides over meetings. He is assisted by Deputy Yang Dipertua and Dewan Secretary. Procedures of appointing a Senators: i. ii. iii. Two persons for each state appointed by the state government through the State Legislative Assembly Two persons for Federal Territory of Kuala Lumpur and one for Labuan appointed by the YDPA on the advice of the Prime Minister. Forty persons from various states appointed by Agong on the advice of the Prime Minister.

Dewan Negara have power to delay the passing of the bills for a period of one month to one year, but they have no power to reject it.

c) The House of Representative (Dewan Rakyat) Function: To enact law and to discuss matters related with the interest of the people and the country. Its members are citizens who contest in the general election and win a parliamentary seat in a general election. They are politicians who called as People Representative (Wakil Rakyat).

Process of the enactment of law: i. ii. iii. A minister or ministry draws up a draft, known as a bill, with the help of the Attorney Generals Department. The bill is printed and distributed to the Members of Parliament (MP). The bill has to go through three readings process and close study by a Dewan Select Committee. First reading: A minister presents it to the Dewan Rakyat and the House Secretary reads the brief subject matter. Second reading: The bill is discussed and debated in detail. After that the Dewan Select Committee will study it and make necessary amendments. Third reading: The bill is presented by a minister for approval. If it gets two-third votes from the MPs (Members of Parliament), then it will be considered as passed. iv. The passed bill will be debated in Dewan Negara and the same process will take place (the three readings process) before being presented to Yang Dipertuan Agong (YDPA) The YDPA has a period of 30 days to give consent to the bill. He can reject the bill and the Dewan Rakyat must discuss and pass it again. After that he has another 30 days to pass the bill. It will automatically become a law in 30 days even if the YDPA does not sign it.

v.

State Level At the state level, it is the State Legislative Assembly ( Dewan Undangan Negeri-DUN) will enact, amend and pass laws for the state. It has one house only. The State Legislative Assembly (SLA) consists of: a) Sultan or Yang Dipertua Negeri or Yamtuan Besar Negeri Heads of their states Normally, His Highness just officiate the parliamentary seating They will approve bill passed by the SLA

b) State Legislative Council Its members are elected by the people in a general election Number of members varies according to the state Three other members appointed by the state governments but not involve in the enactments of state laws. They are: i. State Secretary ii. State Legal Advisor iii. State Finance Officer

Process of the enactment of law: Similar to the process in the Parliament in which a bill will undergo three readings in the SLA

Executive Body The body is responsible for carrying out the executive tasks in administrating and governing the government at the federal and state level. The executive at the federal level is known as Cabinet of Ministers and at the state level as the State Legislative Council (SLC). This body is empowered to implement laws that have been passed by the legislative body. Federal Level The power of the executive lies in the hands of the YDPA as he is the supreme head of the country and he can exercise the executive power himself. However, in the real practice, the executive power is exercised by Cabinet or by any minister empowered by the Cabinet. The YDPA has to act on the advice of the Cabinet or a Minister. It means, the YDPA has no absolute power to exercise his executive duties. However, His Highness has the right to access to whatever information regarding the government. In short, the relationship between the YDPA and the Cabinet is like a Chairman and Chief Executive Officer (CEO) of a company. The YDPA is the Chairman and the Prime Minister is the CEO of the country. The Chairman normally does not involve directly in the administration of company, the same with the YDPA who does not involve directly in the governance and administration of the country. The Cabinet which is headed by the Prime Minister is responsible to determine governments policies and to issue directives for the implementation of the policies by the government administrative machinery. The members of Cabinet are appointed by the YDPA. State Level The structure is similar to the federal level. The power of the executive lies in the hands of the Sultan or Yang Dipertua Negeri or Yamtuan Besar Negeri as they are the supreme heads of their states and he can exercise the executive power himself. However, in the real practice, the executive power is exercised by the State Executive Council (SEC) or by any EXCO (Executive Officer) empowered by the SEC. Same with the YDPA, the Sultan or Yang Dipertua Negeri or Yamtuan Besar Negeri have to act on the advice

of the SEC. It means, they have no absolute power to exercise their executive duties. However, they have the right to access to whatever information regarding the government. In short, the relationship between the Sultan or Yang Dipertua Negeri or Yamtuan Besar Negeri and the SEC like a Chairman and Chief Executive Officer (CEO) of a company. The the Sultan or Yang Dipertua Negeri or Yamtuan Besar Negeri are the Chairmans and the Menteri Besar (Chief Minister) is the CEO of the states. The Chairman normally does not involve directly in the administration of the company, the same with the the Sultan or Yang Dipertua Negeri or Yamtuan Besar Negeri who does not involve directly in the governance and administration of the states. The SEC is headed by a Chief Minister (Menteri Besar). It is responsible to determine the state governments policies and to issue directives for the implementation of the policies by the government administrative machinery. The members of SEC are appointed by the Sultan or Yang Dipertua Negeri or Yamtuan Besar Negeri.

Judiciary This body is responsible for the process of justice in this country. It carries out its duties in the court of law. It frees from any government influences. It has wider powers compared to the Legislative and the Executive in which it is empowered to interpret the Federal Constitution or any other law and rule it as invalid. Below are the roles and functions of the Judiciary: a) To defend the supremacy of the Federal Constitution b) To defend justice in the country c) To ensure the balance of power between the Executive and the Legislative body d) To keep watching the executive body, so that any laws drawn by the executive do not go against the Federal Constitution Judges are appointed by the YDPA based on the advice of the Prime Minister. Normally, the YDPA will consult the Council of Rulers before giving his consents for the appointment of judges. The judges are paid from a special fund and not from the governments money. There is an independent Judiciary Service Commission that responsible on matter relating to judicial services, like the appointment of legal officers, promotion and allowances. The judges can be dismissed from service for two reasons only: a) Improper behaviors b) Inability to carry out duties as a judge.

The System of Court

[Source: (http://www.cljlaw.com/auth/open?url=/db/legalsys/courts.htm)
Based on the chart above, do you see the division of court in Malaysia? Let us look the division of court in Malaysia. The court in Malaysia is divided into high court and lower court. Below are the type of courts that represent both division:

HIGH COURT Federal Courts High Courts Appeals Court LOWER COURT Session Court Magistrate Court Penghulu/Native/District Court
Besides the division of courts above, there are also known as Special Courts. Among them are: a) Juvenile Court b) Industrial Court c) Military Court d) Syariah Court For more details about each court above, please go to page 78, Table 4.3.

5.2.3

Activities

a) From the discussion above, can you analyze the similarities and differences of: The legislative body at the federal and state level. The executive body at the federal and state level. Discuss. 6.0 Lesson Summary From the discussion, we get to know that Malaysia practices a monarchy system and parliamentary democracy system at the same time. The YDPA acts as the head of the country and the Prime Minister acts as the head of the government. This country is governed by three main bodies i.e the Executive, the Legislative and the Judiciary. Those three bodies are established based on the concept of separation of power with the objective to avoid overlapping and interference of one body over another. The countrys structure of government and administration is divided into levels that are the federal and state level. At the federal level, the executive tasks are carried out by the Cabinet head by a Prime Minister on behalf of the YDPA while at the state level, the tasks are carried out by the State Executive Council on behalf of Sultan or Yang Dipertua Negeri or Yamtuan Besar Negeri. In ensuring the peace of the country and protecting justice, the system of court are put in place. The court is an independent and neutral body that upholds the supremacy of the countrys law. 7.0 Self Assessment 7.1 The head of the Federation of Malaysia is _________ A. Sultan B. Prime Minister C. Yang Dipertua Negeri D. Yand Dipertuan Agong (YDPA) Answer: D 7.2

YANG DI-PERTUAN AGONG

EXECUTIVE

JUDICIARY

Shown above is the separation of powers in Malaysian Administrative Structure. What is the function of X? A. Legislate laws B. Administer law and justice C. Exercise the governing power D. Appoint judge of the High Court

7.3 At the federal level, the body that responsible to regulate law for the country is the Parliament While at the state level, it is ___________ A. B. C. D. State Cabinet State Executive Council State Legislative Assembly State Representatives Council

Answer: B 7.4 The difference between the legislative body at the federal and state level is ___________ A. There are two houses at the federal level while at the state level, there is only one house B. There are two houses at the state level while at the federal level, there is only one house C. Prime Minister is the head of the body at the federal level while Chief Minister is the head at the state level D. The bills which passed by state must be debated at Dewan Negara while the bills passed by Dewan Rakyat need not to be debated by Dewan Negara Answer: A

Roles: to enact law & discuss matters related with the

7.5 The above statement refers to the role of the ________________________ in Parliament. A. Dewan Rakyat B. Dewan Negara C. Judiciary Body D. Cabinet Ministers 7.6 At the Federal level, the laws drawn by the Parliament cannot be enforced until they have the consent of the ________________ . A. Rulers Council B. Dewan Negara C. Yang di-Pertuan Agong D. Prime Minister of Malaysia Answer: C

7.7 Malaysia has a Constitutional Monarch. A Constitutional Monarch means a king (Agong) heads the country but his power is limited by the ___________________ and he rules the country according to the Constitution. A. Parliament B. Constitution C. Majlis Raja-raja D. Cabinet Minister Answer: B

7.8 The head of state for the Federation of Malaysia is the _________________ who is chosen to hold the post for five years by the Council of Rulers. A. Sultan B. Prime Minister C. Yang Dipertua Negeri D. Yang di-Pertuan Agong Answer: D

Possess wider powers which can interpret the Constitution and the law in the event of any vagueness or
7.9 The above statement refers to a power of the _________________ in Malaysias government. A. Dewan Rakyat B. Executive Body C. Judicial Body D. Legislative Body Answer: C 7.10 Which ruling body in the government component that has the right to determine what action of behavior is right or wrong in the eyes of law? A. Judicial Body B. Executive Body C. Cabinet Minister D. Legislative Body Answer: A 7.11 There are many courts in Malaysias legal system. The _________________ examines cases of offences against the Islamic religious law involving Muslims only . A. High Court B. Syariah Courts C. Session Courts D. Magistrate Court Answer: B 7.12 Which courts under the category of lower courts? I. Session Court II. Federal Court III. Magistrate Court IV. Court of Appeal A. B. C. D. I and II only I and III only III and IV only II and IV only

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Answer: B

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