Lecture 1

Malaysias System and Structure

of Government

Malaysias System and Structure of

Government
1. System refers to the division, each of which has a function and a role

to play. All tasks that are carried out contribute towards the safeguard
of the system as a whole.
2. In the context of the government it refers to the system of government.
3. The structure of a government refers to the stratifications in which

each division works to maintain and render more efficiently the

administration of the country.
4. The structure of the countrys government and administration is

divided into two levels the federal and state.

Malaysias System and Structure of

Government

Malaysias System and Structure of

Government
1.The countrys system of government has three basic
bodies the executive, legislative and judiciary.
2.Separation of powers is a political doctrine under
which the executive, legislative

and judicial

branches of government are kept distinct, to prevent

abuse of power. This separation of powers is widely
known as "checks and balances."

Malaysias System and Structure of

Government

Malaysias System and Structure of

Government
The Executive
Has the power to govern (federal or state level).
Responsible for carrying out the matters of governing and
administration.
Role of implementing the laws that have been passed by the
legislative body in Parliament (Federal) or State Legislative
Assembly (State).
At the Federal level is known as the Cabinet and at the state level as
the State Executive Council.

The Legislative
Draw up, amend and pass laws.
Known as Legislative Body (Federal) and State Legislative Assembly

(State).
Federal Constitution permits the Cabinet (the Executive) to draw up,

amend and pass the laws on behalf of Parliament to be enforces by

the minister or executive officer. Known as delegated legislation.
The laws drawn must have the consent of the Yang di-Pertuan Agong

(Federal) and Sultan or Yang DiPertua Negeri (State).

Malaysias System and Structure of

Government
The Judiciary
Institution that defends the supremacy of the Constitution and sees to
the balance of power between the Executive and the Legislative
bodies.
To defend justice and carrying out its duties of respecting the
sovereignty of the countrys laws.
The judgments and punishments decided do not take into account
nor are they influenced by the status, rank, race, religion or descent
of the individual.

Malaysias System and Structure of

Federal Government

YANG DI-PERTUAN AGONG

According to the Federal Constitution (Article
39), the power of the executive lies in the hands
of the Yang di-Pertuan Agong. However, the
executive power is exercised by the Cabinet,
Parliament or by any minister empowered by
the Cabinet.
Yang di-Pertuan Agong does not have the
absolute power to act as he likes. He has to act
on the advice of the Cabinet or a Minister who
acting under the general power of the Cabinet.

YANG DI-PERTUAN AGONG

YANG DI-PERTUAN AGONG
- The countrys supreme head according to the Constitution.
- His Highness is above everyone in Malaysia and can be
convicted in a special court provided for under Section XV of
the Constitution.
- Practicing the concept of Parliamentary Monarchy.
- Cannot do:

He is not allowed to continue with his duties as the ruler of his state nor hold any
salaried position.
He cannot do business or receive any emolument.
He cannot leave the Federation for more than 15 days at any one time without
approval of the Council of Rulers except on official national matters.

YANG DI-PERTUAN AGONG

Selection of Yang di-Pertuan Agong
The selection of Yang di-Pertuan Agong is based on procedures spelt out in the Third Schedule of the Constitution.
Only Rulers of every state can be choosing.
Only Rulers can vote for selection.
The selection based on rotation from among Malay rulers of the nine states in the Federation.
The most senior (the length of time ruling the state) sultan or ruler in the line-up is qualified for selection.
The position is for a period of five years.
When his turns come, he qualifies to be Yang di-Pertuan Agong unless:
He is still a teenager.
He himself decides he does not want to be chosen.
Mental or health problem.
If the members of the Council with the ballot support of at least five members are convinced that he is unfit to be
a King.
Shortened the period as Yang di-Pertuan Agong:
Deceased of the Yang di-Pertuan Agong.
Withdraws from the positions.
If the members of the Council of Rulers with the ballot support of at least five members supported the dismissal
proposal.
If His Highness ceases to be a ruler of his own state for a specific reasons.

YANG DI-PERTUAN AGONG

The Power of Yang di-Pertuan Agong
According to the Constitution (Article 20, [2]) the executive powers
of the Yang di-Pertuan Agong allow him to use his discretionary
powers in three matters:
Appointment of the Prime Minister
Not to consent to the dissolution of Parliament
Request for a meeting of the Rulers Council to be held, to discuss
matters pertaining to the special right, status, honor and importance
of the rulers and other matters, as stated in the Constitution.
According to Article 40 of the Constitution, the Yang di-Pertuan
Agong is also the supreme head of the Federations Armed Forces.

THE COUNCIL OF RULERS

THE COUNCIL OF RULERS
1. The Council of Rulers was officially established by Article 38 of the Constitution of Malaysia. It

comprises the nine rulers of the Malay states and the governors or Yang di-Pertua Negeri.
2. The objective is the development of the country and the people, besides continuing to protect the

interests and the status of the rulers.

Role
. According to the Constitution by Article 38, [2] the roles are:
. Selection of the Yang di-Pertuan Agong and the Deputy Yang di-Pertuan Agong
. Approves or disapproves any act, practice or religious ceremony that involves the Federation as a whole
. 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
. Appoints members of the Special Court under Section (1) Article 182
. Grants pardon, postpones or commutes sentences under Section 12, Article 42
. Deliberate matters pertaining to national policies (such as amendments to the immigration policy) and all other
matters deemed necessary.

THE EXECUTIVE
The Cabinet
The concept of the Cabinet
The main objective of the Cabinet is to legislate the government policy and
directing the Federal government to carry those policies.
The Cabinet is headed by a Prime Minister with ministers appointed by the
Yang diPertuan Agong on the advice of the Prime Minister as embodied in the
Constitution (Article 43).
The Cabinet is made up of those who represent the party with a majority in
Parliament.
The Cabinet has meetings from time to time to come out with policies and
discuss matters.

THE EXECUTIVE

The role of the Cabinet

1. To determine the governments policies.
2. To issue directives for their implementation by the government
administrative machinery at the federal and state levels.
3. As an advisory body to the Yang di-Pertuan Agong.