LAW 016 Introduction To Malaysian Government and Politics

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Introduction
The Malaysian Government follows the onstitution of the !ederation of Malaya which
was "romul#ated on Merde$a day% Au#ust &1% 1'() *revised in 1'6&+ in settin# u" its
administrative and "olicy ma$in# decisions,
Malaysia "ractices "arliamentary democracy and is ruled as a constitutional
Monarchy with -an# di Pertuan A#on# as the head of the country, .nder the
constitution% Malaysia as a federation is ruled as a onstitutional Monarchy with the
a""ointment of the -an# di/Pertuan A#on# *0in# or 1u"reme 1overei#n+ as the head of
the country,
The federal onstitution of Malaysia divides the authority of the federation into its
23ecutive% Le#islative% and 4udiciary authority,
The Yang Di-Pertuan Agong
The election of -an# 5i/Pertuan A#on#
The -an# 5i/Pertuan A#on# is a""ointed once in every five years from a "ool of nine
1ultans who head the nine states in Malaysia, The a""ointment is systematic and each
of the nine 1ultans has the o""ortunity to ascend the throne of the -an# 5i/Pertuan
A#on# 6ased on his turn in the cycle, In the event of any of the circumstances 6elow% a
sultan will not automatically 6e elected as the -an# 5i"ertuan A#on# even thou#ht it
may 6e his turn in the cycle7
If he is a minor
If he has e3"ressed his desire not to ascend the throne
If he is ailin# in mind and 6ody and has 6een found to 6e unfit in any way to lead
the country as the -an# 5i/Pertuan A#on#
When the office is not occu"ied% the onference of 8ulers meets to elect a
1ultan to fill the vacancy, The first ruler who o6tains not less than ( votes from the
mem6ers in the onference is then elected and shall hold office for a term of five years,
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The 8ole and Privile#es of the -an# 5i/Pertuan A#on#
As mentioned earlier% the -an# 5i/Pertuan A#on# is the su"reme head of state in
Malaysia and he acts on the advice of the Parliament and the Prime Minister% who heads
the a6inet, ;owever< the a""ointment of the "rime minister< the re=uisition of a meetin#
for the conference of rulers concernin# the "rivile#es and status of sultan and also the
dissolution of Parliament *even a#ainst the advice of the Prime Minister+ are all on his
own discretion,
In matters "ertainin# to Parliament% the -an# 5i/Pertuan A#on# is #iven the ri#ht
to a""oint senators on the advice of the Prime Minister, All acts that have 6een "assed
6y the two main houses of Parliament have to 6e scrutini>ed 6y him 6efore 6ein# made
into laws,
As the head of the 4udicial Authority% the -an# 5i/Pertuan A#on# has the le#al
ri#ht to a""oint the hief 4ustice% !ederal and ;i#h ourt ?ud#es 6ased on the
#uidelines sti"ulated in the !ederal onstitution and actin# on the advice of the Prime
Minister, ;e is also #iven the "rivile#e of "ardonin# wron#doers and civil offences
committed in the !ederal Territories of Malaysia% and override sentences "assed out 6y
the Military ourt, ;e is the hi#hest commander of armed forces in the country,
In states that do not have a 1ultan as their head% the -an# 5i/Pertuan A#on# is
the head of reli#ion and thus% has the "ower to "ardon offences and override sentences
"assed out 6y the 1yariah ourts in these states, The -an# 5i/Pertuan A#on# also has
the hi#hest honour and is #iven the "rivile#e of conferrin# awards% orders of chivalry and
other honours,
The onference of 8ulers
The onferences of 8ulers was esta6lished in 1'@A 6y the onstitution of the
!ederation of Malaya, It consists of nine sultans and four #overnors or the -an# 5i/
Pertua Be#eri, Its main function is to a""oint the -an# 5i/Pertuan A#on# and his
5e"uty, ;owever% this tas$ is left e3clusively to the nine sultans,
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The onference of 8ulers has to 6e consulted on matters "ertainin# to the
alteration of state 6oundaries% e3tension of the !ederation% reli#ious matters "ertainin# to
Islam and any Cill in the onstitution which has to 6e amended,
Matters that affect "u6lic "olicy or the s"ecial "rivile#es accorded to the sultans
re=uire consultation with the onference of 8ulers, All meetin#s of the onference of
8ulers have to 6e attended 6y the Prime Minister% Menteri Cesar of all states and hief
Ministers or 0etua Menteri with the e3ce"tion of the meetin# to a""oint the -an#/5i/
Pertuan A#on# and his 5e"uty,
Executive
23ecutive Authority refers to the "ower to #overn the country, The -an# 5i/Pertuan
A#on# is the head of the 23ecutive Authority, ;owever% he acts on the advice of the
Prime Minister who heads the a6inet, ;ence% the Prime Minister is the hief 23ecutive
and the head of the Government, The Prime Minister% a6inet and the #overnment
administrative machinery are #iven the tas$ of carryin# out e3ecutive functions,
The !unctions of the a6inet
The -an# 5i/Pertuan A#on# a""oints a council of Ministers to form the a6inet to
advice him on the e3ecution of his functions as the head of the 23ecutive Authority, They
are a""ointed 6ased on the advice of the Prime Minister, The a6inet com"rises the
Prime Minister and a num6er of Ministers% all of whom must 6e mem6ers of either the
1enate or ;ouse of 8e"resentatives,
haired 6y the Prime Minister% the a6inet% 6ein# the hi#hest "olicy/ma$in# 6ody
in the country% meets re#ularly to formulate the "olicy of the #overnment, 2ach Minister
holds a different "ortfolio and is res"onsi6le collectively to Parliament for every decision
made 6y the a6inet,
The Prime Minister and Ministers of the a6inet
The Prime Minister is the head of the Government in Malaysia and is a""ointed 6y the
-an# 5i/Pertuan A#on# from the "olitical "arty that has the ma?ority seats in the ;ouse
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of 8e"resentatives, The Prime Minister has to fulfill certain criteria to fill in the "osition
and these includes 6ein# 6orn in Malaysia and is a citi>en of the country,
As the head of the ca6inet% the Prime Minster is "rimus inter"ares% or in 2n#lish
terms% the first amon# e=uals, As the e3ecutive head of the Government% the Prime
Minister answers to the -an# 5i/Pertuan A#on# on all matters "ertainin# to the
Government, The main tas$s of the Prime Minister are to "reside over the a6inet%
coordinate "olicies and efforts of each "ortfolio in the #overnment to aid in the smooth
administration of the country, In addition% he has other constitutional and statutory
o6li#ations% includin# advisin# the -an# 5i/Pertuan A#on# on the a""ointment of
?ud#es% ministers in the a6inet% the service D 2lections ommission and various senior
"ositions in the ivil 1ervice,
.nli$e the "osition of the Prime Minister% the 5e"uty Prime MinisterEs "osition
has not 6een esta6lished 6y the !ederal onstitution, ;e is% however% the most
im"ortant "erson after the Prime Minister who will carry out the administration "rocess of
the country whenever the Prime Minister is not "resent or una6le to carry out his duties,
Legislative
In Malaysia% Le#islative authority is in the hands of the Parliament% which com"rises the
1enate% ;ouse of 8e"resentatives and the -an# 5i/Pertuan A#on# who heads the
Le#islative ouncil, The Le#islative ouncil functions as a law ma$er and has the
authority to raise ta3es and authorise e3"enditure,
The Binth 1chedule of the !ederal onstitution states that le#islative "ower is
shared 6etween the !ederal Goverment and 1tate Government% and systematically
distri6utes it in a !ederal List% 1tate List and a oncurrent List,
The !ederal List covers the areas of e3ternal affairs% defense% internal security%
civil and criminal war% citi>enshi"% finance% commerce and industries% shi""in#%
communication% health and la6our, The 1tate List com"rises areas of land% a#riculture%
forestry% local #overnment% Muslim Law and several others,
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In the oncurrent List% the areas covered are #overned 6y 6oth the !ederal
Government and the 1tate Government and include social welfare% scholarshi"% wildlife
"rotection% and town and country "lannin#, It should 6e noted% however% that should any
dis"ute arise in these areas or there 6e any inconsistency amon# them% the !ederal law
ta$es "recedence over 1tate law,
Parliament and Its !unctions
As the su"reme Le#islative Authority in the country% Parliament formulates the laws that
are enforced in the nation and controls the finances of the Government, Parliament also
has the sole authority to raise !ederal ta3es as sti"ulated 6y the law and use revenue
channeled into the onsolidated !ederal !unds, Parliament also acts as a
synchroni>ation tool in which "u6lic o"inions on national affairs are #athered and
de6ated u"on, Throu#h this forum% the country is assured that all Government "olicies
are in line with the wishes of the citi>ens,
The mem6ers of the ;ouse of 8e"resentatives and the 1enate are #iven s"ecial
"rivile#es $nown as FParliamentary Privile#esF% which "revent them from 6ein# tried in a
court of law on any offences which have ta$en "lace in Parliament,
The !ederal onstitution also ma$es a "rovision for these "rivile#es as stated in
Article 6&*A+% in which the mem6ers of "arliament en?oy immunity from civil as well as
criminal "roceedin#s with re#ards to any utterances made or any vote #iven 6y them in
Parliament,

These "rivile#es are im"ortant since they ena6le the mem6ers of "arliament to
discuss freely and at len#th% and de6ate over any mis"ro"riety% scandals and other
issues which affect the nation, ;owever% if any mem6er 6reaches these "rivile#es or
stands in contem"t of any ;ouse% "unishment will 6e strictly im"osed on this "articular
"erson,
The 1enate and the ;ouse of 8e"resentatives
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The 1enate com"rises 6' mem6ers% $nown as 1enators, Gf this num6er% @0 are
a""ointed 6y the -an# 5i/Pertuan A#on#% from amon# citi>ens 6elieved to "ossess
e3cellent records in "u6lic services% 6usinesses% trade and commerce% have contri6uted
much to the 6enefit of the "u6lic or are re"resentatives of ethnic or minority #rou"s,
2ach state will select two re"resentatives from its Le#islative Assem6ly and this
accounts for the other H6 senators, The final three mem6ers of the 1enate will 6e
a""ointed 6y the -an# 5i/Pertuan A#on# where two will re"resent the !ederal Territory
of 0uala Lum"ur% and one will re"resent the !ederal Territory of La6uan,
1enators have to 6e &0 years and older and remain in their office for a three/year
term% after which another senator will 6e a""ointed to serve the 1enate, After the first
term% they cannot 6e re/elected for a continuous term or 6ecome a mem6er of the
1enate a#ain, If another 1enator is a""ointed to re"lace a 1enate mem6er who is on
leave or has died% then the new 1enator will hold this "osition for the time remainin# until
the term e3"ires,
The 1enate reviews all Cills forwarded to it after these Cills have 6een "assed 6y
the ;ouse of 8e"resentatives% and has the ri#ht to delay the enforcement of any 6ill
forwarded to them for a "eriod not e3ceedin# one year, The e3ce"tion% however% lies
with any Money Cill% which has to 6e "assed without any amendments or delay,
It should also 6e noted that the 1enate has no authority to revo$e any 6ill, A"art from
these functions% the 1enate acts as a forum in which "u6lic officers and "oliticians are
#iven the o""ortunity to discuss issues of "u6lic interest,
The ;ouse of 8e"resentatives consists of H1' elected mem6ers who must 6e H1
years old and a6ove, The life s"an of the ;ouse of 8e"resentatives is five years and
mem6ers are elected every five years% consistent with the countryEs General 2lection,
The "olitical "arty that wins the ma?ority of the seats contested will form the Government,
The ;ouse of 8e"resentatives functions as the 6ody that formulates laws for the
country, A 6ill is usually formed in the ;ouse of 8e"resentatives% where it is de6ated
u"on and "assed% and sent to the 1enate, The ;ouse of 8e"resentatives also acts as
forum for its mem6ers to de6ate and =uestion #overnment "olicies,
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Bo mem6er of the 1enate can 6ecome a mem6er of the ;ouse of
8e"resentatives or otherwise, In addition to this criteria% no mem6er of the ;ouse of
8e"resentatives is allowed to re"resent more than one district of election or any 1enate
mem6er hold two seats in the 1enate,
Le#islative Proceedin#s
A Cill may ori#inate in any two ;ouses< e3ce"t a Money Cill% which has to ori#inate from
the ;ouse of 8e"resentatives, Cill is re=uired to under#o @ sta#es% which are The !irst
8eadin#% The 1econd 8eadin#% ommittee 1ta#e D the Third 8eadin#, The first sta#e
$nown as the !irst 8eadin#% is merely a formality in which a minister in the ;ouse of
8e"resentatives will stand u" and ta6le the Cill, This is followed 6y the 1econd 8eadin#
and the most im"ortant one% which may ta$e "lace on the same day% *with the e3ce"tion
of certain 6ills+ where the "olicy of the 6ill is "resented 6y the Minister,
If the 6ill is su""orted 6y another mem6er of the ;ouse of 8e"resentatives% it is
then discussed and de6ated in detail, At the ommittee level% which comes after the
1econd 8eadin#% mem6ers may re?ect or amend the 6ill, If the ;ouse finds the Cill
favoura6le% mem6ers ta$e a vote 6y 6allotin# and the Cill then moves on to the Third
8eadin#,
In the Third 8eadin#% the "articulars of the Cill will 6e de6ated and only errors in
s"ellin# and synta3 may 6e amended, !rom here% the 6ill moves on to the 1enate
or will 6e sent to the ;ouse of 8e"resentetre if the Cill ori#inates from the senate,
In the 1enate% the Cill #oes throu#h the same "rocedure and if it is a""roved% the
Cill will 6e "resented to the -an# 5i/Pertuan A#on#% who will then seal it with the 0ee"er
of the 8ulersE 1eal, Gnly after 6ein# #a>etted in the Government Ga>ette% the 6ill will
then 6ecome a Law,
Judiciary
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As stated in the !ederal onstitution% the ?udiciary is #iven the authority to hear and
determine criminal matters% inter"ret the le#ality of any le#islative and e3ecutive acts and
the !ederal and 1tate onstitutions, The ;ead of the 4udiciary is the Lord President of
the !ederal ourt% which is the hi#hest court in Malaysia,
In Malaysia% 4udicial Authority is vested in the 1u"erior and 1u6ordinate ourts, The
1u"erior ourts com"rise the !ederal ourt% ourt of A""eal% the ;i#h ourt of Malaya
and ;i#h ourts of 1a6ah and 1arawa$, In Peninsular Malaysia% the 1u6ordinate ourts
are esta6lished under the 1u6ordinate ourt Act 1'@A% and com"rise the Pen#huluEs
ourt% Ma#istrateEs ourt and 1essions ourt, In 2ast Malaysia% 6ased on an
amendment made in 1'A1 to the 1u6ordinate ourt Act 1'@A% the 1u6ordinate ourts
com"rise the ourt% Ma#istrateEs% Bative ourt and 1essions ourt,

Hierarchy of the Malaysian Judicial yste!
I1ource7 *htt"7::www,cl?law,com:auth:o"enJurlK:d6:le#alsys:courts,htm+
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In order to e3ecute its ?udiciary functions without 6ein# "artial in any way% the
4udiciary is inde"endent of the Le#islative Authority and 23ecutive Authority, This is
clearly meted out in the !ederal onstitution of Malaysia which has "rovided some
safe#uards to ensure that ?ud#es can carry out their duties in their ca"acity as the
?udiciary without fear or favour or actin# in accordance with the desires and wishes of
either the Le#islative or 23ecutive Authority,
The 1u"erior ourts
The 1u"erior ourts are divided into !ederal ourts% the ourt of A""eal% the ;i#h ourt
of Malaya% and ;i#h ourt of 1a6ah and 1arawa$, Cein# the hi#hest court in Malaysia%
the Lord "resident of the !ederal ourt is the head of the 4udiciary, The !ederal ourt
com"rises the hief 4ustice% the President of the ourt of A""eal% the hief 4ud#e of
1a6ah and 1arawa$% and si3 !ederal ourt 4ud#es, In each "roceedin# to 6e heard 6y
the !ederal ourt% there has to 6e a minimum num6er of three ?ud#es,
Accordin# to Article 1H1 *1+ of the !ederal onstitution% the !ederal ourt has
authority over a""eals and can 6e referred to on various matters e3ce"t those which
come under the ?urisdiction of the 1yariah ourt, Amon# its functions include hearin#
a""eals on decisions meted out 6y the ;i#h ourt in 6oth civil and criminal cases< to
hear e3clusively matters 6etween any state and the !ederal Government and issues
"ertainin# to the !ederal and 1tate le#islation< matters arisin# from the ;i#h ourt< and
issues "ertainin# to the !ederal onstitution,
The ourt of A""eal came into effect on H@
th
4une 1''@, The ourt of A""eal is
"resided over 6y the President of the ourt of A""eal and A ?ud#es, As stated in Article
1H1 *1C+ of the !ederal onstitution% the ourt of A""eal is authori>ed to hear any
a""eal and decide on the outcome of any decision made 6y the ;i#h ourt or criminal
matter decided 6y the 1essions ourt,
There are two ;i#h ourts in Malaysia% which are the ;i#h ourt of Malaya and
;i#h ourt of Corneo *1a6ah and 1arawa$+, The ;i#h ourt has unlimited "ower in the
e3ercise of its ?urisdiction over criminal and civil cases, ;owever% only cases that are
6eyond the ?urisdiction of the su6ordinate courts are 6rou#ht 6efore the ;i#h ourt, The
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;i#h ourt consists of two hief 4ud#es *one in Peninsular Malaysia and one in 1a6ah
and 1arawa$+ and more than (0 4ud#es and 4udicial ommissioners,
1u6ordinate ourts
The 1u6ordinate ourts in Peninsular Malaysia are divided into the 1essions ourt%
Ma#istrateEs and Pen#huluEs ourt, In 2ast Malaysia% the 1u6ordinate ourts com"rise
the 1essions ourt% Ma#istrateEs ourt and Bative ourt,
The 1essions ourt is the hi#hest of the su6ordinate courts and has the authority
to hear all matters criminal in nature% e3ce"t those that carry the death sentence, In civil
cases% the 1essions ourt can hear matters "ertainin# to tenancy a#reements% motor
vehicles% accidents and many more as lon# as the value dis"uted does not e3ceed
8MH(0%000,
In the case of the Ma#istrateEs ourt% there are two% $nown as the !irst lass
Ma#istrateEs ourt and 1econd lass Ma#istrateEs ourt, In either court% one ma#istrate
"resides, The first class ma#istrate has ?urisdiction to hear offences which carry
sentences not e3ceedin# a "rison term of 10 years% offences "unisha6le with a fine and
civil cases involvin# claims 6elow 8MH(%000, The ma3imum sentence a ma#istrate can
dish out is ( years im"risonment% 1H stro$es of the rotan% and a fine of 8M10%000 or any
com6ination of a6ove,
The second class ma#istrate has the ?urisdiction to hear offences of which the
ma3imum term of im"risonment does not e3ceed a year or "unisha6le with a fine only,
The ma#istrate may sentence an offender to a ma3imum of 6 monthsE im"risonment% a
fine not e3ceedin# 8M1%000 or 6oth,
The Pen#huluEs ourt is the lowest of the 1u6ordinate courts in Peninsular
Malaysia, This court has the ?urisdiction to hear trials involvin# minor offences that carry
a fine not e3ceedin# 8MH(, In civil matters% the Pen#huluEs ourt may only hear
dis"utes not e3ceedin# 8M(0,
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In 1a6ah and 1arawa$% the Bative ourts have ?urisdiction over matters
"ertainin# to native laws and customs in which 6oth "arties are native and involve
reli#ious% matrimonial or se3ual issues, !or civil cases% this "articular court can hear
cases that involve dis"utes not e3ceedin# 8M(0, It is under the scrutiny of the 5istrict
Gfficer,
Gther ourts
The 4uvenile ourts have similar ?urisdiction with the Ma#istrateEs ourt and hear cases
involvin# offenders a#ed 1A and 6elow, This court com"rises a President and two lay
assessors who advice him on the sentence, This ourt is closed to the "u6lic and if an
offender is found #uilty% he or she is dealt with under the "rovisions of the 4uvenile Act
until the a#e H1, All a""eals on decisions made 6y the 4uvenile ourt are heard 6y the
;i#h ourt,
The 1yariah ourt deals with matters "ertainin# to the reli#ious laws of the
Muslims and its ?urisdiction is solely over Muslims, While this is true% it is also stated in
Article 1H1 of the !ederal onstitution that the secular courts of Malaysia do not have
?urisdiction over matters that fall into the ?urisdiction of the 1yariah ourt,
The ourt/Martial has ?urisdiction over any mem6er of the various military forces
in the country, It consists of a President and at least two officers who must 6e "resent
durin# a trial,
The 1"ecial ourt was set u" under Article 1AH*H+ of the !ederal onstitution
which states that Fany "roceedin#s 6y or a#ainst the -an# 5i/Pertuan A#on# or the
8uler of a 1tate in his "ersonal ca"acity shall 6e 6rou#ht in a 1"ecial ourt esta6lished
under clause *1+ of Article 1AH,F This court has e3clusive ?urisdiction to hear all offences
committed in the !ederation 6y the -an# 5i/Pertuan A#on# or the 8uler of a 1tate,
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