Download - L8 components of malaysian government system
Malaysian Studies
Lesson 8
Malaysian Government System
The main components of Malaysian Government System
The formation of the Malaysian government
system
The main components of the Malaysian Government System
The Executive Body
The Royal Council
The Legislative Body
The Judiciary Body
THE FORMATION OF THE MALAY GOVERNMENT SYSTEM
• Malaya instituted a new administrative structure, known as Power Segregation System upon gaining independence.
• This style of administrative was proposed by Montesqiu. He suggested the ruling pattern in a country to be segregated to avoid power domination by certain party.
• In the Malaysian context today, this segregation theory can be seen in three main forms of the ruling powers.
Power Segregation System
Three Main Branches of Government
Executive Body ( Administration ) Carries out matters involving the
administration of the country.
Legislative Body ( Law ) Formulates the drafting of laws
Judiciary Body ( Judgement ) Executes and dispenses justice
The main components of the Malaysian Government System
The Royal Council
The Executive Body
The Legislative Body
The Judiciary Body
THE ROYAL COUNCIL – MAJLIS RAJA-RAJA
• The Royal Council is the official body with the most superior position. It is made up of nine Sultans and four state governors.
• Among the responsibilities carried out by the Council are :
o Selecting the High Majesty ( Yang di-Pertuan Agong ) and his deputy.
o Approving or disapproving the customs of Islam for the whole of the Malay Federation, except Sabah and Sarawak.
o Agreeing or disagreeing to any law or offering advice on the appointment of any position which requires the approval of the Royal Council.
o Giving their opinion on country policy and matters related to the development of the country.
The main components of the Malaysian Government System
The Royal Majesty
Legislative Body
Parliament
Administrative Body
Senate
House of Representative
Commission
Judiciary Body
Ministry
The Cabinet
The Prime Minister
Supreme Court
Chief Court
High Court
Lower Court
HIS MAJESTY, THE YANG DI-PERTUAN AGONG
• His Majesty, The Yang di-Pertuan Agong (YDPA), acts as the Head of Country and the head to three branches of the government.
• Among the duties of the YDPA include : advisory duties discretionary duties being the highest ruler of the military approving the draft of the laws declaring an emergency when needed giving amnesty
DULI YANG MAHA MULIA SERI PADUKA BAGINDA YANG DIPERTUAN AGONG SULTAN ABDUL HALIM MUADZAM SYAH IBNI ALMARHUM SULTAN BADLISAH
THE EXECUTIVE BODY ( ADMINISTRATION )
The executive Power at the Federation Level
The Board of Ministers / Cabinet
The Prime Minister
Minister
The Deputy Minister
The Cabinet Ministers
• The main duty of the cabinet is formulating and executing the country’s highest policy.
• The body is led by the Prime Minister and his other ministers.
• The Prime Minister is appointed by His Majesty, the Yang di-Pertuan Agong.
• The other ministers are appointed by the YDPA after being advised by the Prime Minister.
The Executive Power at the State Level
King/Sultan/State Governor
The State Government Meeting Council
The State Legislative Assembly
The state level administration • All administrative matters are confined within the State
Constitution.
• The issues which fall under state rule include Religion Agriculture Education Forestry Land administration Water Any other others which are pivotal for the
development of the state.
THE LEGISLATURE/ LEGISLATIVE BODY
The Royal Majesty ( YDPA )
The Royal Council
Parliament
The Legislative Body at the Federation Level
The structure of the Malaysian Parliament
Parliament Senate
House of Representativ
es
Parliament • Consist of the YDPA, the Senate and the House of Representatives.
The Senate• Consist of 69 members or senators.• A senator’s position lasts for three years and he cannot hold this
position for more than two terms.• A senator must also be 30 years of age and above.
The House of Representatives• Consist of 195 members ( 182 from the states in Malaysia, 10
from KL Federation Territory and 3 from Labuan Federation Territory.
• Must be of 21 years of age and above.
The function and powers of the Parliament.
• To make, alter/abolish the law ( legislative power )
• To impose new taxes, additional ones or abolish
any taxes.
• To approve the nation’s budget for a specific year.
The process of enacting the law in the parliament.
• The parliament has the power to make the laws in the way that the Senate and the House of Representatives approve a draft of the laws as well as by the YDPA.
• Every draft of the bill must be approved by a Parliamentary council through four stages before it is approved, which are :a) The First Readingb) The Second Reading c) Discussion at the Committee Leveld) The Third Reading
The Stages for the Drafting of Any Law
The legislative power at the State Level
King/Sultan/State Governor/ State Legislative Assembly
The State Legislative Body
The Membership of the State Legislative Body
1. The main function of the King/Sultan/State Governor is to :-
i. call upon the State Legislative Assembly to have a meeting, to stop and dismiss it.
ii. Acts to give approval to the state laws that have been approved by the State Legislative Assembly.
THE JUDICIARY BODY
• To execute the judicial duties in this country, a court system in needed.
The System and Pattern of Justice in Malaysia
Court Federal Court State Court
1. The court in Malaysia is based on the federation system.
2. Supreme Court, High Court, Section Court, Appellate Court, Magistrate Court, Military Court, Labour Court, and Mineral Inspection Court are all federations ( comes under Federation government and not the State government. )
3. The Malaysian courts are divided into two:a) The Federation Court, consisting of Superior Court,
Lower Court and Special Court.b) The State Court, consisting of the Shari’a and the
Custom Courts.
Classification of courts in Malaysia
The Federation Court
1. Superior Court • Supreme Court
• Appellate Court
• High Court of Malaya and Borneo
2. Lower Court • Section Court
• Juvenile Court
• Magistrate Court Class I and Class II
• Minor Demand Court
• Chieftain Court
3. Special Court • Military Court
• Industrial Court
• Labour Court
• Special Royal Court
• State Court
State Court 1. Shari’a Court • Shari’a Appellate Court
• Shari’a High Court
2. Custom Court
( Sabah and Sarawak )
• District Custom Court
• Officer / Custom Head Court
• Chieftain Court