Federalism Unitary Confederation

Power to govern and legislate is shared between national and central governments.

FOR EXAMPLES:AmericaAustraliaBrazil IndiaCanada

Power to govern and legislate is national government’s responsibility.

For examples:Great BritainDenmark IndonesiaNorway

Power to govern and legislate is central government’s responsibility. The power of national government is limited.

For examples:North German Confederation-1867Proclamation of the German Empire-1871

The structure of the country’s government and administration is divided into two levels

the federal and state.

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.

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.

EXECUTIVE LEGISLATIVE and JUDICIARY.

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.

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.

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.

◦ 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.

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.

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.

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.

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.

According to Article 40 of the Constitution, the Yang di-Pertuan Agong is also the supreme head of the Federation’s Armed Forces.

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.

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 Conference of the Council of Rulers is held three or four times in a year and each conference lasts three days.

Every conference has as its chairperson the ruler who ranks the highest in terms of seniority.

The conference act as a forum for closed discussion among the Rulers, the Federal and the State Government and for decision-making in the interest of the nation.

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).

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.

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.

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.

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.

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).

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.

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.

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.

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.

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.

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.

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.

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).

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

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.

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).

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].

the courts have four (4) big areas of jurisdiction:

The power to interpret the Constitution The power to interpret a law The power to proclaim a written Federal or

State law invalid The power to declare a government action

as invalid in the eyes of the law.

Courts are empowered to declare a written Federal or State law invalid if;

The law clashes with Article 74,[1] of the Constitution.

The law is outside the jurisdiction of Parliament or outside the jurisdiction of the State Legislature, Article 74[1] and [2] or

The state law contradicts the Federal law, Article 75.

Federal Court High Court Sessions Court Magistrate Court “Penghulu Court” District Court Juvenile Court Syariah Court Industrial Court

Consists of the Chief Justice of the Federal Court, the Chief Justice of the High Courts, four judges and a number of additional judges.

Decides on the validity of laws made in Parliament or the State legislature

Decides on disputes between the Federal and State governments

Decides on disputes between two states

Deliberates on appeals of civil and criminal cases from the High Court

Advises the Yang di-Pertuan Agong on the Constitution

Headed by the Chief Judge of the High Court Generally, the High Court has the

jurisdiction to hear cases which carry the death penalty.

The High Court has the jurisdiction to hear civil cases such s matrimonial cases, bankruptcy and company cases, guardianship of disabled persons.

Headed by sessions court judge. The highest of the lower courts. Hears all criminal offences other than

except those punishable with death. Can impose jail sentences, fine and

whipping befitting the offence committed, as permitted by the law.

Hears civil cases where the amount disputed does not exceed RM250,000

Hears civil cases on landlord and tenant.

Headed by a magistrate Hears light criminal and civil cases where the maximum imprisonment does not exceed 10 years or are punishable by fine only.

Hears claims for repayment of debts in the monetary form.

Can impose caning for criminal cases.

Headed by Penghulu or Head of the Mukim in the Penghulu hall (found in Peninsular Malaysia)

Examines light criminal cases where the fine does not exceed RM25/=

Examines civil cases where the fine does not exceed RM50/=

Appeals against the court’s decisions on criminal and civil cases can be made in the First Class Magistrate Court.

Headed by the District Officer. This court exists in Sabah and Sarawak.

Has the authority to decide a re-trial

Headed by a Sessions Court judge.

Hears offences committed by a juvenile of less than 18 years of age. Offenders cannot be sentenced but are sent to rehabilitation centres such as the Henry Gurney School until 21.

Headed by a religious head appointed by the ruler or sultan.

Examines cases of offences against the Islamic religious law involving Muslims only.

Administer and handle Islamic laws.

Judges and settles employer-employee and trade union disputes

The Judicial body is a body free from political influence or pressure by any party including the executive and the legislative.

According to Article 127 of the Constitution, the behaviour of the judges of the Federal Court, Court of Appeal or High Court cannot be simply discussed in any Parliamentary Council.

The judge is chosen by the Yang di-Pertuan Agong who acts on the advice of the Prime Minister after consultations with the Council of Rulers.

According to Article 126 of the Constitution, whosoever is disrespectful to the Federal Court, the Court of Appeal or the High Court can be punished.

The state executive body at state level consists of the Ruler or Sultan or Yang di-Pertua Negeri and the State Executive Council.

The position of sultans inherited since the Malacca Sultanate and continued in the nine Malay states.

The position of sultans is further strengthened through the Federal Constitution with the setting up of the institution of the Yang di-Pertuan Agong.

 

Ruler State

Sultan Selangor, Perak, Pahang, Johor, Kelantan, Kedah,

Terengganu

Yang Dipertuan

Besar

Negeri Sembilan

Raja Perlis

Yang Dipertuan

Negeri

Malacca, Penang, Sabah and Sarawak

The ruler is the head of a state and symbolizes the sovereignty of the state concerned.

The position of the Ruler/Sultan or Yang Di-Pertua Negeri is protected under the Federal Constitution.

According to Article 71[1] of the Constitution, the special right of His majesty is to inherit and to hold, to enjoy and execute Parliamentary.

The Ruler/Sultan is the chief executive for the respective state that rule the state based on the ‘act and advice’ principle.

The Ruler/Sultan has no absolute power. His power mainly for royal affairs, customs and ceremonies and religious issues pertaining to Islam.

◦The appointment of the Menteri Besar◦The refusal to assent to the request for

dissolving the State Legislative Assembly.

◦The request for the Rulers Council to meet and discuss the special rights, position, sovereignty and supremacy of the rulers or issue pertaining to religious acts, practices and ceremonies.

◦Whatever duty as head of the Islamic religion or Malay customs.

◦The appointment of the heir or queen, the acting ruler or the Acting Ruler’s Council.

◦The appointment of people holding ranks, titles, honours and destinations according to Malay customs and determining the duties concerned.

◦Making rules relating to the royal audience hall and the palace.

This body is headed by the Menteri Besar, whereas for states that do not have a sultan, it is headed by the Chief Minister.

This body also known as State Executive Council in Peninsular, the Cabinet in Sabah and the Supreme Council in Sarawak.

The State Executive Council is responsible for forming various state policies, implements them and acts as advisor to the ruler or Yang Dipertua Negeri.

The State Legislature body is the State Legislative Assembly.

According to the Federal Constitution Articles 71, 74 and 77, the power, duties and membership of the State Legislative Assembly is fixed by the State Constitution.

The functions are to listens, debates and draws up the acts of the state for application in the states named enactments.

The jurisdiction of the state legislature is based on List 2 Schedule 9 of the Federal Constitution under the title State List.

The assembly also can pass laws relating to the Common List that involves matters commonly shared between the Federal and state governments.

The Ruler/Sultan or Yang Dipertua Negeri. State Legislative Council members chosen

through an independent general election. State Secretary, the State Legal Advisor and

the State Finance Officer. They are not involved in the sanctioning of the enactments or state laws.

The function is to carry out the state executive powers in the name of the ruler or the Yang Dipertua of the state government.

For Malacca, Penang, Negeri Sembilan and Perlis, the State Public Service Commission appoints all the state government officers.

The hub of the administration is the office of the State Secretary as chief of the state public service with the cooperation from state departments created by the public service of each state.

Coordination through the National Land Council, the National Finance Council and the National Council for Local Government.

Coordination by a number of special committees that hold meetings and discussions from time to time for the purpose of coordination between both the central and state governments.

The heart of the district level (territory in Kelantan) is the District Office, headed by a District Officer, except for Sarawak, which is divided into several divisions headed by a Resident.

The administration and development of the mukim (district in Kelantan), the District Officer is helped by the Penghulu (penggawa in Kelantan, Pemancha in Sarawak and Ketua Suku Kaum in Sabah).

A village headman, (penghulu in Kelantan), assists the penghulu to administer the social affairs at the village level.

The District Officer channels all information, directives, development programmes and government policies to the mukim leaders, then to the village headmen and to the village community.

The local government began its existence with the gazette Local Government Act of 1976 that was approved by Parliament.

To administer and manage the district or local settlement itself (devolution-handing down of power).

The body created has the power to make decisions quickly and efficiently for the interest of the local inhabitants and the membership comprises local people whether appointed or chosen.

To enable the local inhabitants whether in the cities, towns or districts to join and take part in managing their own affairs and interests.

To enhance the quality of life of the local community.

Imposing taxes, rents and charges for other services used by the local population

Two kinds of Local Governments:

◦Town Council – Penang, Malacca, Ipoh, Kuala Lumpur and other big town.

◦District Council – smaller towns with the authority to administer the rural areas.

Help the state administrative machinery in the administration and management at the local level.

The burden of the state’s responsibility is today jointly shared with the Local Government through the social services and support provided.