MPW 2133 Chapter 3: The Constitution and Political Process

Sub Topic: Parliamentary Democracy in Malaysia and the Election Process

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DEMOCRACY IN MALAYSIA

CONCEPT OF DEMOCRACY


Pericles definition of democracy in Athens:

Our constitution is named a democracy, because it is in the hands not of the few but of
the many. But our laws secure equal justice for all in their private disputes and our
public opinion welcomes and honours talent in every branch of achievement on the
ground of excellent aloneour citizen attend both to public and private duties and do not
allow absorption in their various affairs to interfere with their knowledge of the citys we
decide or debate, carefully and in person of matters of policy holdingthat acts are
foredoomed to failure when undertaken discussed

There are generally two types of government autocracy and democracy. The political
practice in the two systems is very different. In the autocratic system of government,
power is concentrated in a single person, who is often pictured as a ruler who is wicked,
who ignores the voice of the people and completely denies them of their power. This
iron-fisted ruler is often nicknamed dictator.

Democracy on the other hand, is a form of government in which the policy is decided by
the preference of the majority in a decision-making process, usually elections.
Democracy as a form of government always has the following characteristics:

There is a demos, a group which makes political decisions by some form of
collective procedure. In modern democracies the demos is the nation, and
citizenship is usually equivalent to membership.

There is a territory where the decisions apply, and where the demos are resident.
In modern democracies, the territory is the nation-state.

There is a decision-making procedure, which is either direct (for instance a
referendum) or indirect (for instance election of a parliament).



GENERAL ELECTION


An important aspect of the democratic system is elections. Elections in the practice of
democracy constitute a social contract between the people and the candidate or party (that
succeeds to form a government).

MPW 2133 Chapter 3: The Constitution and Political Process
Sub Topic: Parliamentary Democracy in Malaysia and the Election Process
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When the majority of the people choose a party from among the contesting parties in an
election (and the party then forms the government) it means the voters have certain
expectations that the candidate will carry out.
The party that wins the election and forms the government should fulfil the partys
promises and manifesto proclaimed in the election campaign.

At the state level, elected representatives of the people sit in the State Legislative
Assembly of each state. At the federal or national level, elected Members of Parliament
sit in the Dewan Rakyat or House of Representatives.

There are two types of general election. First, the general election for the whole country,
held once in every five years. The next is the by-elections, also considered a general
election because the concept of the election itself constitutes the choosing of a
representative by the public citizens for the Parliament and the State Legislative
Assembly.

There are clear differences between the two types of election. The first type is only held
after Parliament or the State Legislative Assembly is dissolved. The by-elections do not
involve the dissolution of any of the assembly nor do they follow a fixed schedule.

The general election is usually held every 5 years. Prior to carrying out the election, the
Yang di-Pertuan Agung must dissolve the Parliament on the advice or at the request of
the Prime Minister.

This occurs at the federal level. At the State level, a general election is held after the State
Legislative Assembly is dissolved by the Ruler or Yang Dipertua Negeri at the request of
the Menteri Besar or Chief Minister.

As soon as Parliament is dissolved, the elections must be held within 60 days in West
Malaysia and within 90 days in Sabah and Sarawak.

The time specified is reasonable for the Election Commission, to prepare the election
arrangements and the contesting parties to get ready, hold campaigns and construct
definite strategies following the regulations or laws that have been fixed from time to
time.

For a general election, after the Yang di-Pertuan Agung dissolves Parliament at the
request of the Prime Minister, the Election Commission will issue an order to the
Managing Officer to organize the balloting process (election).
The responsibility of the Managing Officer is to issue a statement, through the
Government Gazette or newspaper, on the date of nomination of candidate for the said
election, the place and the time of election for every electoral constituency. The Election
Commission also determines the date and place of balloting.

MPW 2133 Chapter 3: The Constitution and Political Process
Sub Topic: Parliamentary Democracy in Malaysia and the Election Process
________________________________________________________________________
3
Any candidate who wishes to contest must obtain a nominator, a seconder and at least
four other people, whose names are recorded in the nomination paper.
They must also be registered voters in the voters register of the constituency where the
candidate is contesting.

The balloting day can be held after 3 weeks from the date of nomination but cannot
exceed 8 weeks. On the balloting day, all voters who qualify to vote can carry out their
responsibility by casting their votes in balloting places provided.

Before the balloting day arrives, the contesting parties are allowed to carry out election
campaigns through political talks. The freedom of speech and assembly during the
campaigns also show that the basic freedom as embodied in Article 10 of the Federal
Constitution are protected in the country which practices a democratic system of
government.

However, to ensure public security all political talks whether by the party that had held
the reins of the government or the opposition, it is necessary to get police approval or
permit.

For a general election, every voter is given two sheets of ballot papers of different
colours; one for the State Legislative Assembly constituency and the other for the
Parliamentary constituency.

On each ballot paper are symbols representing the contesting candidates and the space for
the voter to make his choice.

The responsibility of voting is completed with the voter marking X in the space
provided against the symbol representing the candidate of the voters choice. The ballot
papers are put into separate ballot boxes for the Parliamentary constituency and the State
Legislative Constituency.