UNDERSTANDING SYSTEM
MODEL:
03 POLITICAL SYSTEM
Understanding it from Malaysia’s Perspective
Malaysia
Malaysia, is situated in the south-eastern part of Asia - a country
that has a federal constitutional framework that divides the
power to govern between federal and state governments.
As a federation that consists of thirteen states, Malaysia has fourteen
governments, that is a common government for the states which is
referred as the federal government, and a government for each of
the thirteen states which is referred to as the state government.
All governments authorities based on the allocation of power
prescribed in the Federal Constitution of Malaysia.
History
The pre-independence traditional institutions of the Malay Rulers have been given constitutional recognition and protection
by the Malaysian Constitution.
The Rulers have constitutional roles and functions as stipulated in the Constitution and the Constitution of the states.
In Malaysia there are nine Malay Rulers who are the Heads of States and the Heads of the religion of Islam in their respective states, '
and the Yang di-Pertuan Agong or the King, who is a Malay Ruler elected by the Conference of Rulers to become the Head of State for
the federation (the Supreme Head of the Federation), which means in total there are ten monarchies in the country. The existence of ten
Malay monarchies or Malay sovereigns who have constitutional roles and prerogative powers in one country is a unique feature of
Malaysia.
The feature has ramification on the constitutional framework and system of government of the country because the
constitutional framework of a federal system of government was adjusted so as to accommodate the traditional institutions.
Apparently the Malay Rulers and the federal system in Malaysia are intertwined, and it can be said that the institutions rely
on the federal system and vis a vis.
The federal. system established by the Malaysian Constitution, initially known in 1957 as the Federation of Malaya
Constitution, is meant to have a strong federal government. Nevertheless the Constitution also guarantees the constitutional
powers and rights of the states that cannot be violated by the federal government.
FEDERALISM
Federalism refers to an agreement between several states which agree to be
united as a nation state but with shared administrative responsibility.
Malaysia practices dual federalism as legislative
powers of the federal and state governments
are separated in the Federal Constitution.
|Federalism: Federal Constitution|
|Federalism: Federal Constitution|
|Federalism: Federal Constitution|
|Federalism: Federal Constitution|
|Federalism: Federal Constitution|
|Federalism: Federal Constitution|
|Federalism: Federal Constitution|
|Federalism: Federal Constitution|
|Federalism: Federal Constitution|
|Federalism: Federal Constitution|
The distribution of law-making authority between the Federal and State Governments is enumerated
in the Ninth Schedule of the Federal Constitution broadly set out in a Federal List, State List and
Concurrent List.
Parliament has the exclusive Parliament and State
State, through its Legislative
power to make laws over legislatures share the power
Assembly, has legislative
matters falling under the to make laws over matters
power over matters under
Federal List (such as under the Concurrent List
the State List (such as land,
citizenship, defence, internal (such as water supplies and
local government, Syariah
security, civil and criminal housing) but Article 75
law and Syariah courts, State
law, finance, trade, commerce provides that in the event of
holidays and State public
and industry, education, conflict, Federal law will
works).
labour, and tourism) prevail over State law.
These lists are set out in
The Federal List is set out in
Schedule 9 of the The State List in List II, and The Concurrent List in List III.
List I,
Constitution, where:
There are supplements to the State List (List IIA) and
the Concurrent List (List IIIA) that apply only to Sabah
and Sarawak.
These give the two states legislative powers over
matters such as:-
“native law and customs, ports and harbours (other than those declared
to be federal), hydro electricity and personal law relating to marriage,
divorce, family law, gifts and intestacy.”
seperation of powers
EXECUTIVE
Malaysia is a country that values the separation of
powers between the Executive, Legislative and Implements the laws
Judicial branches, as this provides checks and
balances against one another.
LEGISLATIVE
To enact laws
JUDICIARY
Dispensing justice in accordance with law
Baron de Montesquieu (1689-1755) recognized THE NEED FOR AND
RECOMMENDED THE SEPARATION OF THE ONE INTO THREE. He also cautioned all
who would listen where the whole power of one department is exercised by the same
hands which possess the whole power of another department, the fundamental
principles of a free constitution are subverted.
Separation of Powers is a Key Principle of the Rule
of Law
The separations of power in Malaysia system are
similar with English legal system in United
Kingdom separation of power rather than United
States.
This is because there is no separation of executive
and legislative power because of the cabinet type
of organization. (NOT ABSOLUTE)
Legislative : Parliament of Malaysia
The bicameral parliament consists of the lower house,
the House of Representatives or Dewan Rakyat and
the upper house, the Senate or Dewan Negara
LEGISLATIVE
All seventy Senate members sit for three-year terms (to a maximum of two terms); twenty-six are elected by the
thirteen state assemblies, and forty-four are appointed by the King (Yang di-Pertuan Agong) based on the advice of
the Prime Minister.
The 222 members of the Dewan Rakyat are elected from single-member districts by universal suffrage.
The parliament follows a multi-party system and the governing body is elected through a first-past-the-post
voting system. Parliament has a maximum mandate of five years by law. The Yang di-Pertuan Agong may dissolve
parliament at any time and usually does so upon the advice of the Prime Minister.
|Legislative: Federal Constitution|
|Legislative: Federal Constitution|
|Legislative: Federal Constitution|
|Legislative: Federal Constitution|
Executive: Cabinet of Malaysia
EXECUTIVE
The Malaysian constitution stipulates that the prime minister
must be a member of the lower house of parliament who, in
the opinion of the Yang di-Pertuan Agong, commands
a majority in parliament.
The cabinet is chosen from among members of both houses
of Parliament and is responsible to that body.
The Executive branch of the Government of Malaysia
consists of the Prime Minister as the head of the government,
followed by the various ministers of the Cabinet.
|EXECUTIVE: Federal Constitution|
|EXECUTIVE: Federal Constitution|
Judiciary: Court of Malaysia
Judiciary
|Judiciary: Federal Constitution|
|Judiciary: Federal Constitution|
|Judiciary: Federal Constitution|
Definition
a system that allows
of checks each branch of a
and government to amend
or veto acts of another
balances branch so as to
prevent any one
Ex: Judicial branch
• Using judicial review on both the legislative
branch from exerting
and executive branches to make sure that
laws are written and enforced too much power
constitutionally
• The judicial branch can declare laws and
prime minister actions unconstitutional.
