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THE STRUCTURE OF
MALAYSIAN
GOVERNMENT
Executive
Legislature
Judiciary
The
Conference of
Rulers
3
Functions
Electing and removing of the Yang di-Pertuan Agong and his
Deputy
Deciding on the extension of any religious acts, observances
or ceremonies to the country as a whole
Giving or withholding consent (veto rights) over matters
such as:
Constitutional amendments relating to matters listed in
Article 159(6).
Laws affecting the privileges, position, honours or
dignities of the Rulers
Laws amending Article 152 (Malay language) or
Article 153 (Special position of bumiputras)
Alterations to State boundaries
Certain appointments such as members of the Public
Service Commission and the Elections Commission
5
Functions
Head of State Constitutional Head; means that
Executive
Legislature
Judiciary
Prime Minister
Cabinet
Parliament
Chief Justice
Ministries
Dewan Rakyat
Dewan Negara
Courts
Departments
Voters
9
http://www.malaysianmonarchy.org.my/
10
Main Features
Constitutional Monarchy
(Articles 32, 39 and 40)
11
The Executive
Branch
12
The Executive
The Executive
(Articles 39 - 43)
14
The Executive
15
The
Cabinet
Yang diPertuan
Agong
(YDPA)
A Minister
authorised
by Cabinet
Any person
authorised
by law
16
Prime Minister
17
Resignation of PM
(Article 43(4))
18
19
Other
PM
(Article 43)
Appointment of Cabinet
Resignation of PM
(Article 43(4))
21
Rabiha 2011
22
23
SHADOW CABINET
The Legislature
25
The Legislature
Parliament
(Article 44 )
26
Number of
Members
Dewan
Rakyat
222
(Articles 45 - 54)
Dewan
Negara
70
Mode of
Appointment
Elected during a
general election
Elected by State
Legislatures (2 each)
Appointed by the
YDPA in respect of
Federal Territories (4)
Appointed by the
YDPA (40)
Term of Office
Assented
to
by the
Yang diPertuan
Agong3
Important
stage.
Debate takes
place. Vote
for support
2/3 agreed,
proceed to
next stage
Reference to a
committee
member.
Amendment
can be made
er
al
La
w
Title briefly
explained by
the clerk of
the Dewan
Stage 2
Fe
d
Stage 1
Committee
Stage
Stage 3
The bill is
reviewed.
Amendments
are not allowed
except with the
permission of
the Speaker.
Dewan
Negara
No right to
veto, reject or
insist.
The Judiciary
29
30
The Judiciary
Syariah
Courts
The High Courts
and the Subordinate
Courts have no
jurisdiction over
31
High Courts
The High Courts have general supervisory and revisionary
bankruptcy and
companies
winding up
matters
specific
performance or
rescissions of
contracts
Rabiha 2011
Guardianship or
custody of
children
generally
actions of which
the claim
exceeds
RM250,000-00
(except motor
vehicle
accidents,
landlord and
tenant and
distress
grants probates
of wills and
letters of
administration
of deceased
persons
To hear all
criminal matters
32
Court of Appeal
Rabiha 2011
33
Federal Court
All civil appeals from the Court of Appeal are
heard by the Federal Court only after leave is
granted by the Federal Court. The Federal
Court also hears criminal appeals from the
Court of Appeal only in respect of matters
heard by the High Court in its original
jurisdiction.
Rabiha 2011
34
Magistrates' Courts
Claim does not exceed RM25,000-00
35
Sessions Courts
Hear all matters of which
the claim exceeds
RM25,000-00 but does not
exceed RM250,000-00
Except in matters relating
to motor vehicle accidents,
landlord and tenant and
distress
To hear all criminal matters
except for offences
punishable with death
Rabiha 2011
36
Malaysian
Constitution
Rabiha 2011
37
38
Types of Constitution
Written Constitution
codified in a single document
Unwritten Constitution
rules and principles of the constitution are
scattered in the forms of statutes, charters,
political conventions and practices.
Rabiha 2011
39
Federation
Federation
National
National
language,
language,
citizenship
citizenship
etc
etc
Constitutio
Constitutio
nal
nal
Monarchy
Monarchy
Contents
Contents
of
of the
the
Constitut
Constitut
ion
ion
Validity
Validity and
and
transparen
transparen
cy
cy of
of the
the
Judiciary
Judiciary
Separation
Separation
of
of power
power
Rabiha 2011
Parliamenta
Parliamenta
ry
ry
Democracy
Democracy
Islam
Islam
Supremacy
Supremacy
of
of the
the
Constitutio
Constitutio
n
n
40
Pre-WWII
1957 - Present
North Borneo
White Rajah
Dynasty of
Sarawak
1946-48
1948-57
Joined the
Federation
in
1963
Sarawak
41
Conference of Rulers
Yes
2/3*
Yes
2/3*
State of Sabah or
Sarawak or their Yang diPertua Negeri
Legislative
Areas
1
Federal
List
(Parliament
)
2
3
Concurrent
List
State
List
(State
Legislature)
(Parliament
and State)
43
Legislative Provisions
Defence
Criminal
Law
Citizenship
Finance
Currency
Communicat
ions
44
Legislative Provisions
Laws for
Muslims
Forestry
Land
Syariah
Court
Mining
Libraries
45
Legislative Provisions
Water
Supplies
National
Parks
Fire Safety
Heritage
Sports
Housing
46
Language
47
Malay
1 is the national language
But no person is prohibited from
using, teaching or learning, any other languages
2 than for official purposes )
(other
Religion
49
Religion of Malaysia
(Article 3)
Islam is
the
religion
of
Malaysia.
But this
does not
affect the
other
provisions
of the
Constituti
on
Other religions
may be practised
in peace and
harmony in any
part of Malaysia
Limitation
on State
powers to
create
Islamic
offences:
Only
Parliament
may make
laws relating
to criminal
matters.
(See Item 4,
Freedom of Religion
(Article 11 (1)/(4))
52
53
54
55
56
Citizenship
57
Citizenship
58
59
60
61
62
Citizenship by Registration
(Article 15)
63
64
65
Citizenship by Naturalisation
(Article 19)
67
68
Fundamental
Liberties
69
70
71
No Slavery
(Article 6(1)*)
72
No Forced Labour
(Article 6(2)*)
73
Equality
(Article 8(1)*)
74
Admin of Certain
Laws
in the
appointme
nt to any
office or
employme
nt under a
public
authority,
or
Public Authority
Law
in
in any law,
or
75
76
Financial Aid
Administration
in the administration
of any educational
institution maintained
by a public authority,
and, in particular, the
admission of students
or the payment of
fees, or
77
Fundamental
Liberties
78
Fundamental
Liberties
Restrictions
If any other State is in a special position as compared with the States of
Malaya, Parliament may impose restrictions, as between that State and other
States
This right is subject to restrictions in any law relating to the security, public
order, public health, or the punishment of offenders
79
Freedom of Speech
Fundamental
Liberties
(Article 10(1)(a)*)
Freedom of Assembly
(Article 10(1)(b)*)
81
82
Freedom of Association
(Article 10(1)(c)*)
84
Public Services
(Articles 132 - 148)
Armed Forces
Police Force
Education Service
85