MALAYSIAN STUDIES

POLITICAL SYSTEM &

STRUCTURE OF ADMINISTRATION IN MALAYSIA

LEARNING OUTCOME

By end of this topic, you should be able to;

1) Explain the system of Malaysian Governance

2) Identify the three main ruling bodies (Legislature, Executive & Judiciary)

3) Discus the function of the Legislature, Executive & Judiciaries bodies

4) Differentiate the functions and role of each ruling bodies

THE UNIQUENESS OF MALAYSIAN POLITICAL

SYSTEM

ADMINISTRATIVE STRUCTURE

THEORY OF SEPARATION OF POWER

3 important bodies.

PURPOSE : Division of roles based on the theory of power division to avoid

misuse of power, interference from one body with another and as a

check and balance measure.

a) Legislative - His Royal Highness (Paramount Ruler), Senate (Dewan

Negara), House of Representatives (Dewan Rakyat).

b) Executive – Cabinet

c) Judiciary - Federal Court, High Court, Session’s Court, Martial & Syariah

Court etc.

MODEL OF POWER DISTRIBUTION FOR 3 BODIES

H i s R o y a lH i g h n e s s

( Y a n g D i - P e r t u a nA g o n g )

S e n a t e( D e w a nN e g a r a )

H o u s e o fR e p r e s e n t a t i v e s

( D e w a nR a k y a t )

L e g i s l a t i o n( P a r l i a m e n t )

C a b i n e t

E x e c u t i v e

C o u r t o fA p p e a l

F e d e r a lC o u r t

H i g h C o u r to f M a l a y a

H i g h C o u r tS a b a h &S a r a w a k

H i g hC o u r t s

S u p e r i o rC o u r t s

M a g i s t r a t eC o u r t

S e s s i o n sC o u r t

J u v e n i l eC o u r t

S u b o r d i n a t eC o u r t s

J u d i c i a r y

H i s R o y a l H i g h n e s sH e a d o f t h e C o u n t r y

D E M O C R A T I C G O V E R N M E N T

LEGISLATIVE

H i s R o y a l H i g h n e s s( Y a n g D i - P e r t u a n

A g o n g )

S e n a t e( D e w a nN e g a r a )

H o u s e o fR e p r e s e n t a t i v e s

( D e w a n R a k y a t )

L e g i s l a t i o n( P a r l i a m e n t )

www.parlimen.gov.my

LEGISLATIVE

• Parliament = the body that made laws.

• Practices Parliamentary Democracy with Constitutional Monarchy.

• A system of democracy based on the Federation system.

• Made up of 3 components:

a) His Royal Highness (Yang di-Pertuan Agong)

b) Senate (Dewan Negara)

c) House of Representatives (Dewan Rakyat)

LEGISLATIVE – HIS ROYAL HIGHNESS

• The Council of Rulers elects His Royal Highness (HRH) as

Paramount Ruler of the country a period of 5 years.

• His Highness carries out the following duties:-

a) elects the Prime Minister

b) calls & ends for parliamentary proceedings (following the

advice of the Prime Minister)

c) calls for the Council of Ruler’s Meeting

LEGISLATIVE – SENATE

• Known as Senators, can only serve for 3 years.

• Approved Bills (laws) & passes to HRH for approval.

• Must be 30 years old and above.

• Consists of 69 senators in 3 categories:-

a) 29 members from the 14 states (including Federal Territory of

Labuan & KL).

b) 40 members who are elected by HRH - excellent contributions in the

public service, trade, manufacturing, agriculture, cultural activities,

community service or represent minority groups etc.

LEGISLATIVE – HOUSE OF REPRESENTATIVES

222 elected members through General Election held every 5

years.

Parties with the most votes can form a government to rule the

country.

Function = is to make laws and discuss matters concerning

the people and the country’s internal & external affairs.

Prior for approval in the Senate.

LEGISLATIVE – HOUSE OF REPRESENTATIVES

A Bill originates in the Dewan Rakyat.

Once approved, it is tabled in Senate for another debate.

After that, Bill will be approved before being presented to HRH

for his consent.

The Bill will be gazetted (approved) in the form of 'Government

Gazette', thus making the Bill a law as stated in the Government

Gazette. .

THE LAW-MAKING – 6 PROCESSAssent of the His Royal Highness (HRH).

House of Representatives & Senate passed law through 1st Reading, 2nd Reading, Committee Stage & 3rd Reading.

Minister obtains permission from the Cabinet to draft Bill.

The Bill is prepared with the co-operation ofAttorney-General & Minister.

Minister obtains permission from Cabinet for basic elements of the Bill.

Minister draws up rough outline of elements of Bill with the help of his officers in the Ministry concern.

His Royal Highness & Her Royal Highness

Parliament Building standing majesticallysymbolizing democracy

Senate(Dewan Negara)

House of Representatives(Dewan Rakyat)

EXECUTIVE

EXECUTIVE

C a b i n e tM i n i s t e r s & D e p u t y M i n i s t e r s

2 5 M i n i s t r i e s

E x e c u t i v e

Agriculture

Culture, Arts & Tourism

Defence

Domestic Trade & Consumer Affairs

Education

Entrepreneur Dev.

Transport

Works

Human Resources

Housing & Local Government

InformationInt. Trade &

IndustryLand & Coop.DevelopmentNat. Unity & Social Dev.

Primary Industries

Finance

Foreign Affairs

Home Affairs

Health

Prime Minister’s Dept.

Youth & Sports

Women & Family Dev.

Science, Tech. &Environment

Rural Dev.

Energy, Comm.& Multimedia

CABINET OF MALAYSIAN GOVERNMENT

Cabinet members head various ministries.

A minister will present the Cabinet his / her plan & reports

of carrying out a policy under his / her ministry.

Chief of the government civil service is the country’s

Chief Secretary (Ketua Setiausaha Negara - KSN).

LETS TAKE A BREAK

JUDICIARY

S u p r e m eC o u r t

C o u r to f A p p e a l

H i g h C o u r to f M a l a y a

H i g h C o u r to f B o r n e o

H i g hC o u r t

S u p e r i o r C o u r t s

S e s s i o n sC o u r t

M a g i s t r a t eC o u r t

J u v e n i l eC o u r t

S u b o r d i n a t e C o u r t s

J u d i c i a r y

HIERARCHY OF THE CIVIL COURT

JUDICIARY

The judiciary contains courts. The formation of judiciary is stated inside the

constitution. The constitution decides the rules to ensure that the judiciary is free from fear or favour.

Judges are appointed by HRH with advice of Prime Minister & after discussion with Conference of Rulers.

Judiciary is headed by Chief Justice (Ketua Hakim) which is appointed from judges.

JUDICIARY – FEDERAL COURT Main function = to determine whether a law

made by Parliament or a State Legislature is invalid on the ground that it makes provision to a matter with respect to which Parliament or, as the case may be, the State Legislature has no power to make the law.

Also makes final judgments on legal matters which come before it on appeal from Court of Appeal.

The ultimate court in civil, criminal and constitutional matters.

JUDICIARY – COURT OF APPEAL Appellate jurisdiction to hear civil and criminal

cases originating from High Court or Sessions Court (criminal cases only).

JUDICIARY – HIGH COURT 2 High Courts = Malaya (Peninsular)

= Sabah & Sarawak (Borneo) Consists of a Chief Judge and no less than 4

judges. Criminal – hear cases which carry death

penalty. Civil - in divorce & matrimonial causes,

bankruptcy & company cases, appointment and control of guardians of infants, disabled persons & their property & grant of probates of wills and letters of administration.

JUDICIARY – SESSIONS COURT

Criminal - has jurisdiction to try all offences other than offences punishable with death.

Civil - running down cases, landlord and tenant & distress; - try other suits where the amount in dispute does not exceed RM250,000

- with the consent of the parties involved, to try cases exceeding RM250,000 but the award is limited to the statutory limit of RM250,000 only.

JUDICIARY – MAGISTRATE Criminal - jurisdiction to try all offences where

maximum term of imprisonment does not exceed 10 years & punishable with fine only. (Eg. = robbery or housebreaking).

Civil - suits of a civil nature where the amount in dispute does not exceed RM25,000.

Pass any sentence allowed by law not exceed: a) 5 years imprisonmentb) a fine of RM10,000.00 c) whipping up to 12 strokes or d) any combination of the sentence above.

Federal Court of MalaysiaSultan Abdul Samad Building

Inside the Federal Court …

TEST

• Three major components makeup the administration of the Malaysian government. What are the three components? Explain the three components in detail.

• Sistem pentadbiran Malaysia terdiri daripada tiga komponen utama. Apakah tiga komponen tersebut? Jelaskan ketiga tiga komponen tersebut secara terperinci.