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Malaysia’s System and Structure of Government

Malaysia’s System and Structure of Government. Malaysia’s System and Structure of Government. The structure of the country’s government and administration is divided into two levels the federal and state. FEDERAL GOVERNMENT.

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Malaysia’s System and Structure of Government

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  1. Malaysia’s System and Structure of Government

  2. Malaysia’s System and Structure of Government • The structure of the country’s government and administration is divided into two levels • the federal and • state.

  3. FEDERAL GOVERNMENT • Administer the whole of the Malaysian Federation that was formed on 16 September 1963 through the powers embodied in the Constitution of the Federation of Malaysia.

  4. STATE GOVERNMENT • Empowered to rule and manage the administration at the state level with powers invested by or based on the Federal Constitution as the highest laws of the lands.

  5. The country’s system of government has three basic bodies: • EXECUTIVE • LEGISLATIVE and • JUDICIARY.

  6. 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.

  7. EXECUTIVE (Cont.) • 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.

  8. YANG DI-PERTUAN AGONG The King • The country’s 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.

  9. The King 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.

  10. Selection of Yang di-Pertuan Agong

  11. The selection of Yang di-Pertuan Agong is based on procedures spelt out in the Third Schedule of the Constitution.

  12. 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.

  13. When his turns come, he qualifies to be Yang di-Pertuan Agong unless: • He is still a teenager. • He 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.

  14. 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.

  15. The Power of Yang di-Pertuan Agong

  16. 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:

  17. The Three Matters are: • 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, honour and importance of the rulers and other matters, as stated in the Constitution.

  18. The Power of Yang di-Pertuan Agong (Cont.) • According to Article 40 of the Constitution, the Yang di-Pertuan Agong is also the supreme head of the Federation’s Armed Forces.

  19. THE COUNCIL OF RULERS • 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. • The objective is the development of the country and the people, besides continuing to protect the interests and the status of the rulers.

  20. Roles • 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

  21. Roles (Cont.) • 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

  22. Roles (Cont.) • 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.

  23. THE CABINET

  24. 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 stated in the Constitution (Article 43).

  25. The concept of the Cabinet (Cont.) • 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.

  26. The role of the Cabinet • To determine the government’s policies. • To issue directives for their implementation by the government administrative machinery at the federal and state levels. • As an advisory body to the Yang di-Pertuan Agong.

  27. LEGISLATIVE • According to the Constitution (Article 44), the power of the Legislative body is with Parliament which consists of Yang di-Pertuan Agong and the two Assemblies (Houses) of Parliament – The Senate and House of Representatives.

  28. LEGISLATIVE (Cont.) • Yang di-Pertuan Agong are not involved in making the laws. His legislative powers only for: • Gives approval for draft of laws that had been approved by members of the two houses. • Request, stop, dissolution of Parliament. • Gives royal speech and opening Parliamentary council.

  29. Federal Legislative Structure

  30. SENATE (Dewan Negara) • Senate is the upper house of the Parliament of Malaysia. • The Senate consists of 70 members, of which 26 are indirectly elected by the states, with two senators for every state in the Federation, and the other 44 being appointed by the Yang di-Pertuan Agong (King).

  31. SENATE (Dewan Negara) (Cont.) • The Senate reviews legislation that has been passed by the lower house of Parliament, the House of Representative; both meet at the Houses of Parliament in of Kuala Lumpur. • Both houses must pass a bill before it can be sent to the King for royal assent; however, if the Senate rejects a bill, it can only delay the bill's passage by a year (at the most) before it is sent to the King.

  32. SENATE (Dewan Negara) (Cont.) • The Senate was meant to act as a check on the House of Representative, and also to represent the interests of the various states. • Age limit to be a member of Senate is 30 years. The member can resign by noticing Yang Dipertua Dewan Negara and it should be placed within 60 days.

  33. Members Structure of Senate

  34. HOUSE OF REPRESENTATIVES (Dewan Rakyat)

  35. HOUSE OF REPRESENTATIVES (Dewan Rakyat) (Cont.) • Dewan Rakyat has 222 elected members. A General Election is held every five years to elect members of the Dewan Rakyat. Parties with the most votes can form a government to rule the country.

  36. HOUSE OF REPRESENTATIVES (Dewan Rakyat) (Cont.) • Customarily, a Bill originates in the Dewan Rakyat. Once approved, it is tabled in the Dewan Negara for another debate. After that, the Bill has to be approved before being presented to Yang Di-Pertuan Agong for his consent.

  37. HOUSE OF REPRESENTATIVES (Dewan Rakyat) (Cont.) • The Bill will then be gazette in the form of 'Government Gazette', thus making the Bill a law as stated in the Government Gazette. • House Committee consists of the President/Speaker or Tuan Yang di-Pertua as the Chairman and six members who are elected by the Selection Committee at the earliest time possible after the opening of each term of Parliament.

  38. HOUSE OF REPRESENTATIVES (Dewan Rakyat) (Cont.) • The Committee advises the Tuan Yang di-Pertua on all matters related to all the conveniences, services and privileges of the Council. • The Committee does not have the power to summon anyone to be present before it or to request for letters except when given the power by the Council to do so.

  39. HOUSE OF REPRESENTATIVES (Dewan Rakyat) (Cont.) • Each minutes of meeting of the House Committee will be sent to all members of the Council. • The Committee has the power to assemble or conduct meetings as a Joint Committee with Dewan Negara Council.

  40. THE SPEAKER OF THE HOUSE OF REPRESENTATIVES

  41. SPEAKER • Speaker may be a member of the House or a non-member who is qualified for election into the House. • The Deputy Speaker must, however, be a Member of Parliament (MP).

  42. FUNCTIONS OF THE SPEAKER INCLUDE; • To be responsible for maintaining order in the House; • To ensure that relevancy is observed during debates; • To interpret the Standing Orders in case of disputes; and • To certify money bills before such bills are transmitted to the Dewan Rakyat

  43. The Speaker must resign his office by writing to the Secretary of the House, and must vacate his office in the following cases:-

  44. When the House first meets after a general election; on ceasing to be a member of the House in the case of an elected MP; and on standing for election to the House or if he is disqualified by law. • When the Speaker is not present, the Deputy Speaker presides at the sittings. • A member of the State Legislative Assembly must resign from the Assembly if he wants to assume the post of Speaker of the House.

  45. Who is the present speaker??? • The present Speaker of the Dewan Rakyat is: -Yang Amat Berbahagia Yb Tan Sri Datuk Seri Utama Pandikar Amin Bin Haji Mulia (28 April 2008 Until Now).

  46. THE FEDERAL LEGISLATION PROCESS

  47. THE JUDICIARY

  48. THE JUDICIARY (Cont) • The Judiciary or the area of justice lies with the courts. • The Judiciary role is to defend justice for everyone regardless of the status, special rights, colour, political ideology, religion, and size of the organization or its influence. • The status of Judiciary is clearly stated in the Federal Constitution by Article 121[1].

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