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7/18/12

Malaysias System and

Structure of Government


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System refers to the division, each ofwhich has a function and a role to play

All tasks that are carried out contributetowards the safeguard f the system as awhole

In the context of the government it refersto the system of government

The structure of a government refers tothe stratifications in which each divisionworks to maintain and render moreefficiently the administration of the

country


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Malaysias system of government are dividedinto 3 basic bodies;-

1. The Executive body2. The Legislation body

3. The Judiciary body

Malaysias system of government

TheExecutive

bod

TheLegislatio

n bod

TheJudiciary

bod


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The structure of the Malaysiasgovernment and administration is divided

into two levels;-1. The Federal Level

2. The State Level


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Specialisation of power(separation of power)

Federal of Malaysian practices a system ofparliamentary democracy

Is political doctrine under which the 3 basicbodies are kept distinct

To prevent abuse of power

Known as checks and balances


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The powers of the 3 bodies;-

1. Does not overlap

2. Has its own role

3. Thus, no interference between bodies

. Aim;-

1. Ensure the neutrality of the bodies

2. Ensure the objectivity of the bodies3. Cannot influence the decision or action taken

by another body


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The executive

Has the power to govern(federal orstate level)

Responsible for carrying out thematters of governing and

administrationDoes not involve itself in the matters

and affairs of the judiciary and

legislationRole of implementing the laws that

have been passed by the legislativebody in Parliament(federal) or State

Legislation Assembly(state)


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Malaysias system and structure offederal government


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Administration at the federal levelthe executive

According to the Federal Constitution (Article39),the power of the executive lies in the handsof the Yang di-Pertuan Agong

Parliament;-

1. Can delegate the implementation of theexecutive duties to other people

2. Such as the General Election Commission,

Public Service Commission and Immigrationand the Customs

.Yang di-Pertuan Agong

1. Supreme head of the country


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However;-

1. As specified in the constitution, the

executive power is only exercised by theCabinet or by any minister empoweredby the Cabinet

2. Yang di-Pertuan Agong does not havethe absolute power to act as he likes

3. Has to act on the advice of the Cabinetor a Minister who acting under the

general power of the Cabinet4. Has the right to access to whatever

information regarding the government ofthe Federation from the Cabinet


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Yand di-pertuan agong and theconstitution

The countrys supreme head according tothe Constitution

Cannot be convicted in any trial or courtfor any official duty as the executive chief

His highness is above everyone inMalaysia and can be convicted in thespecial court provided for under the

Section XV of the Constitution

Practicing the concept of ParliamentaryMonarchy


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Cannot do;-

1. He is not allowed to continue with his duties

as the ruler of his state nor hold any salariedposition

2. He cannot do business or receive anyemolument

3. He cannot leave the Federation for morethat 15 days at any one time without theapproval of the Council of Rulers except onofficial national matters

. This is to;-

1. Protect and prevent this institution frombeing tarnished

2. Ensure it alwa s receives the com lete trust


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Selection of yang di-pertuan agong

The selection of Yang di-Pertuan Agong isbased on procedures spelt out in the ThirdSchedule of the Constitution.

1. Only Rulers of every state can be choosing

2. Only Rulers can vote for selection

3. The selection based on rotation from amongMalays rulers of the 9 states of the

Federation4. The most senior (the length of time ruling

the state) sultan or ruler in the line-up isqualified for selection.

5. The osition is for a eriod of five ears.


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When his turns come, he qualifies to be Yang

di-Pertuan Agong unless:

1. He is still a teenager.

2. He himself decides he does not want to be chosen

3. Mental or health problems

4. If the member of the Council with the ballotsupport of at least 5 members convinced that heis unfit to be a King

. Shortened the period as Yang di-Pertuan Agong;

1. Deceased of the Yang di-Pertuan Agong

2. Withdraws from the positions

3. If the member of the Council of Rulers with the


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The power of yang di-pertuan agong

According to the Constitution (Article 20, [2]) theexecutive powers of the Yang di-Pertuan Agongallow him to use his discretionary powers in threematters:

1. Appointment of Prime Minister2. Not to consent to the dissolution of Parliament

3. Request for a meeting of the Rulers Council to beheld, to discuss matters pertaining to the special

rights, status, honor and importance of the rulersand other matters, as stated in the Constitution

4. Supreme head of the Federations Armed Forces

5. Appointment of other ministers, Cabinetministers, deputy ministers, judges and Malaysian


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The council of rulers

The Council of Rulers was officially establishedby Article 38 of the Constitution of Malaysia.

Resulted from Malay struggle against the ideaof the Malayan Union which ignored theauthority and sovereignty of the ruler inmatter of Malay customs and religion

Objective;-

1. Working together with the government to

strengthen the countrys system ofadministration and government

2. Development of the country and people

3. Protect the interest and the status of therulers.


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Membership and role

It comprises the nine rulers of the Malaystates and the governors or Yang di-PertuaNegeri (Governor) of Malacca, Penang, Sabahand Sarawak

however, in the conference of the Council ofRulers, other people can represent the Sultanon condition that the respective StateConstitution allows it


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According to the Constitution by Article 38, [2] theroles are:

1. Selection of the Yang di-Pertuan Agong and theDeputy Yang di-Pertuan Agong

2. Approves or disapproves any act, practice orreligious ceremony that involves the Federation as

a whole3. Approves or disapproves any law and gives advice

on whatever appointment that, under theConstitution, requires the approval of, or

consultations with the Council of Rulers4. Appoints members of the Special Court under

Section (1) Article 182

5. Grants pardon, postpones or commutes sentences

under Section 12, Article 42


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The conference of the council of rulers

The Conference of the Council of Rulers is heldthree or four times in a year and each conferencelasts three days.

Every conference has as its chairperson the rulerwho ranks the highest in terms of seniority.

The conference act as a forum for closeddiscussion among the Rulers, the Federal and theState Government and for decision-making in theinterest of the nation.

Day Presenter

Activity


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Day Presenter Activity

1 Chief Minister/

Menteri Besar

Discuss working papers in the conference agenda on

state government policies and then decide on advice to

be conveyed to the ruler or Yang di-Pertua Negeri

concerned.

2 Rulers, Yang di-Pertua

Negeri (YDP),

Menteri Besar/Chief

Minister

Discuss and decide on the views and feelings of the

Council towards Federal government policies

3 Yang di-PertuanAgong, YDP, Prime

Minister, Menteri

Besar/Chief Ministers

Prime Minister gives detailed report on FederalGovernment policies and Council makes a decision on

them


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The cabinetthe concept of cabinet

The main objective of the Cabinet is tolegislate the government policy and directingthe federal Government to carry those policies

The Cabinet is headed by a Prime Ministerwith ministers appointed by the Yang di-Pertuan Agong on the advice of the PrimeMinister as embodied in the Constitution(Article 43)

The Cabinet is made up of those whorepresent the party with a majority inParliament.

The Cabinet has meetings from time to timeto come out with policies and discuss matters


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Prime minister

Chief of the Cabinet

Appointed byYang di-Pertuan Agong

PM is chosen from among the members of the

House of Representative


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ministers

Are members of the Cabinet that form theruling government body

Responsible for carrying out the highestexecutive powers held by or on behalf of Yangdi-Pertuan Agong

Each minister will head the ministry and holdone or more portfolios

Ministers who are appointed without anyportfolio are known as Ministers WithoutPortfolio

Their responsibility is to help the Prime

Minister to carry out specific duties


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The role of the Cabinet

To determine the governments policies

To issue directives for their implementation bythe government administrative at the federaland state levels

As an advisory body to the Yang di-PertuanAgong


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Malaysias system and structure ofstate government

Ruler/Sultan/Yang di-Pertua Negeri

State Executive Council

Committee for

StateGovernmentExecutiveCouncil

State Government SecretaryOffice

Public ServiceCommission

State Departmentand StateAgency

Land and DistrictOffice

Penghulu Office

Village Headman

Committee for theProgress andSecurity of

Villages


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The executive body at state level

The state executive body is responsible forruling the state

State executive body consist of the Ruler orSultan or Yang di-Pertua Negeri and the StateExecutive Council


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Sultan and yang di-pertua negeri

The position of sultans inherited since theMalacca Sultanate and continued in the 9Malay states

The position of sultan is further strengthenedthrough Federal Constitution with the settingup of the institution of the Yang di-PertuanAgong


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Heads of state and the constitution

The ruler is the head of a state

Symbolizes the sovereignty of the state concerned

The position of the Ruler/Sultan or Yang di-PertuaNegeri is protected under the Constitution

According to Article 71[1] of the Constitution;

Ruler State

Sultan Selangor, Perak, Pahang, Johore, Kelantan, Kedah, Terengganu

Yang Dipertuan Besar Negeri Sembilan

Raja Perlis

Yang Dipertuan Negeri Malacca, Penang, Sabah and Sarawak


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Responsibilities:-

1. The leader of the religion of Islam for therespective state

2. Safeguard the sacredness of Islam, thepractices and ceremonies related to it

3. Has the power to grant pardon or to

postpone sentences for offence tried in thepublic and the religious courts in their states.

. however, sentences imposed by the

Religious Courts in Malacca, Penang, Sabah,Sarawak and the Federal Territories cannotobtain pardon from he Yang Di-pertua Negeribut instead can only be given by YDP Agong

as religious leader for these states


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The power of the Ruler/Sultan are:

1. The appointment of Menteri Besar

2. The refusal to assent to the request for dissolvingthe State Legislative Assembly

3. The request for the Rulers Council to meet anddiscuss the special right, position, sovereignty and

supremacy of the rulers or issues pertaining toreligious acts, practices and ceremonies

4. Whatever duty as head of the Islamic religion orMalay customs

5. The appointment of the heir or queen, the actingruler or the Acting Rulers Council

6. The appointment of people holding ranks, titles,honors and destinations according to Malaycustoms and determining the duties concerned


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State executive councilstate cabinet

This body is headed by the Menteri Besar,whereas for states that do not have a sultan,it is headed by the Chief Minister

This body is also known as State ExecutiveCouncil in Peninsular, the Cabinet in Sabahand the Supreme Council in Sarawak

The State Executive Council is responsible forforming various state policies, implementsthem and acts as a advisor to the ruler or

Yang Di-Pertua Negeri

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