Transcript FEDERAL CONSTITUTION AND STATE CONSTITUTION

GOVERNMENT
STRUCTURE
The Malaysian Government system
• Malaysia practices a system of parliamentary
democracy and is ruled with a Constitutional
Monarch
• Yang Dipertuan Agong as the head of
the country
• Federal constitution of Malaysia
significantly divides the authority
of the Federation into legislative
Authority, Judicial Authority and
Executive Authority
• The Malaysian Government follows the
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Constitution of the Federation of Malaya which
was promulgated on Merdeka day, August 31,
1957 (revised in 1963) in setting up its
administrative and policy making decisions
Under the constitution, Malaysia as a federation
is ruled as a Constitutional Monarchy with the
appointment of the Yang di-Pertuan Agong (King
or Supreme Sovereign) as the head of the
country
• State level, each of the nine
states of Perlis, Kedah, Perak,
Selangor, Negeri Sembilan, Johor,
Pahang, Terengganu and
Kelantan is ruled by its own
Sultan
• Melaka, Pulau Pinang, Sabah and
Sarawak the Yang di-Pertuan
Negeri (Governor of State) is the
head of State
Government Structure
Yang Di pertuan Agong
Executive Authority
Legislative Authority
Judicial Authority
Prime Minister
Ministers
Parliament
Chief
Judge
Government
Ministries
Senate
House of Representative
Courts
Government
departments
citizen
The Yang Di-Pertuan Agong
• The supreme head of Malaysia
• He is elected by the Council of Rulers for a term
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of 5 years or when those post fall vacant.
Selected by rotation from among the Malaysia
rulers if the nine states in the Federation.
According to the Constitution, YDPA is above
everyone in Malaysia and cannot be convicted in
any trial nor in whatever court, for any official
duty as the chief executive. But he can be
convicted in special court.
• The ruler is unqualified to be YDPA if:
• i- he is still teenager
• ii- he decided he does not want to be
chosen though it is his turn to be King.
• iii- mental or health problem.
• iv- if the council with ballot support of at
least 5 members are convinced that he is
unfit to be King.
• There are a number of things that YDPA
cannot do:
• a- he is not allowed to continue with his
duties as the ruler of his state.
• b- he is not allowed to hold any salaried
position.
• c- he cannot do business
• d- he cannot receive any emolument
• e- he cannot leave the Federation for
more than 15 days at any one time
without approval from council of rules
except on official national matters
Rights and role of YDPA
• 1- Executive authority
• - Even every act flows from his authority but
YDPA must act in accordance with the advice of
cabinet.
• However some situation he may act in his
personal discretion:
• a- The appointment of PM
• b- Has the right to dissolve or resolve the
Parliament at his own will, even against the
advice of the Prime Minister
• c - call for a meeting for a conference of rulers
• Functions vested in the YDPA but exercise on advice.
• a- He is the supreme commander of armed forces but
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this role is purely ceremonial.
b- He has power to grant pardons, reprieves and
respites’ in respect of all criminal offences committed
in the federal territories and all offences trialable by
the Syariah courts in Penang,Melaka,Sabah and
Sarawak
c- Appointment of Federal Judges
d- Act as the Head of Religion for States without
Sultan and on both Federal Territories of Kuala
Lumpur and Labuan
e- Power to pardon or suspend punishment by martial
court or courts within the Federal Territories.
f- He has a power to appoint certain members of the
Dewan Negara(senate)
• 2- Legislative power
• He has 30 days to assented the bill passed by
Parliament otherwise on expiry of the 30 days
period, it becomes law.
• 3- The prerogative
• - The only prerogative which exist are those
which are traditional aspects of the rulers’
power (included Agong) such as the power to
award honours and other ceremonial powers.
COUNCIL OF RULERS
• The council is represented by Rulers and
Governors.
• It has 2 important roles:
• 1- to safeguard the interests and status of
Malay rulers:
• a- selection of the YDPA and the Deputy
YDPA
• b- Approves or disapproves any act,
practice or religious ceremony (Islam) that
involves the Federation as a whole.
• 2- Administration affairs of the country.
• a- 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.
• b- Appoints members of the Special Courts
• Grants pardon, postpones or commutes
sentences under Section (1) Art. 182.
• c- deliberate matters pertaining to national
policies and all other matters deemed
necessary.
• D- appointment of officers such as judges, the
chairman, deputy chairman and members of
• commissions such as Public Service comm, the
Election Comm, Education comm and country’s
Chief Auditor- the council must be informed in
advance of the appointments of the posts
• Conference of rulers is held 3 or 4 times a year
and each conference lasts 3 days.
• It may be regarded as a forum for closed
discussion among Rulers, the Federal and State
government and for decision making in the
interest of the nation.
FIRST DAY
Present - Menteri Besar/Chief Minister
Activity- Discuss working papers in the
conference agenda on state government
policies and then decide on advice to be
conveyed to the ruler or YDPN concerned
SECOND
DAY
Present- Rulers, YDP, Menteri Besar,CM
Activity- Discuss and decide on views and
feelings of the Council towards Federal
Government policies
THIRD
DAY
Present- YDPA, YDP, PM,Menteri Besar,CM
Activity- PM gives detailed report on
Federal Government Policies and Council
makes decision on them
The Legislative Authority
• Power to create the laws governing the country .
• Headed by the Yang di-Pertuan Agong, the Parliament
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consisted of two separate bodies; the Dewan Negara
(Senate) and the Dewan Rakyat (House of Representative).
makes law which is applicable to the country as a
whole ,have the authority to control government
expenditure ,serves as a forum for criticism and the focus of
public opinion
Ninth Schedule of federal constitution also states that
legislative power is to be shared between the Federal
Government,State Government which systematically
distributes it in a Federal list ,State List and Concurent list
The separation of power at federal, state &
concurrent levels
Federal list
State list
Concurent list
External Affair
Muslim law
Social welfare
Defense
Land
Scholarship
Internal security
Agriculture & Forestry
Protection of wildlife
Civil & criminal law
Local government
Town & country planning
Citizenship
Riverine fishing
Drainage & venery
Finance
Library,Musuems
Housing
Commerce & industry
Local government
Culture & sport
Shipping
Commuincation &
transportation
Education
Health
Labour
Fishery
Tourism
The Executive Authority
• Power to govern the country
• Authority power is vested in the Yang di-Pertuan
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Agong
The body which exercise this power is the
Cabinet; a group of Minister headed by the
Prime Minister
Each Minister must be approved by the King.
Prime Minister and the Cabinet primarily
regulates policy for domestic and foreign affairs.
Prime Minister
• Holds the Chief Executive title in Governing the
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country
Won the majority seat in the Dewan Rakyat
Main duty to preside over the Cabinet and to
supervise the various portfolios in the
Government.
acts as advisor to the King on his duty such as
the appointment and termination of Federal
Judges, the filling and firing of senior executive
in Civil Services and the passing of bills
Judicial Authority
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Has authority
i-to hear and determine criminal matters
ii- to interpret law
iii- to proclaim a written Federal and State law in
valid
iv- To declare a government action is invalid in
the eyes of law
Head of the Judiciary is the Lord President of the
Federal Court. the authority vested in the
Superior and Subordinate Courts
• Superior Courts comprise the Federal
Court, Court of Appeal, the High Court of
Malaya and High Courts of Sabah and
Sarawak.
• In Peninsular Malaysia, Subordinate Courts
are established under the Subordinate
Court Act 1948, and comprise the
Penghulu’s Court, Magistrate’s Court and
Sessions Court
• East Malaysia, based on an amendment made in 1981
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to the Subordinate Court Act 1948, the Subordinate
Courts comprise the Court, Magistrate’s, Native Court
and Sessions Court.
Chief Justice is appointed by His Majesty the Yang diPertuan Agong on the advice of the Prime Minister
after consulting the Conference of Rulers and the
appointment is applied to all courts
Federal Court of Malaysia is the highest judicial
authority and the final court of appeal in Malaysia.
•The Superior Courts & Subordinate Courts
Superior Courts
(a) The Federal Court
The Federal Court hears appeals from the
Court of Appeal.
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(b) The Court of Appeal
The Court of Appeal hears appeals from
the High Court relating to both civil and
criminal matters.
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(c) The High Court
A) CIVIL
JURISDICTION
B) CRIMINAL
JURISDICTION
C) APPELLATE
JURISDICTION
The High Court has
jurisdiction to try all civil
matters but generally
confines itself to matters
on which the Magistrates
and Sessions Courts have
no jurisdiction. These
include matters relating to
divorce and matrimonial
cases, appointment of
guardians of infants, the
granting of probate of
wills and testaments and
letters of administration of
the estate of deceased
persons, bankruptcy, and
other civil claims where
the amount in dispute
exceeds RM250,000.00
The High Court may
hear all matters but
generally confines itself
to offenses on which
the Magistrates and
Sessions Courts have no
jurisdiction, for instance,
offenses which carry
the death penalty.
The High Court may hear
appeals from the
Magistrates and Sessions
Courts in both civil and
criminal matters.
Session Court
A) CIVIL JURISDICTION (B) CRIMINAL
JURISDICTION
A Sessions Court may
hear any civil matter
involving motor vehicle
accidents, disputes
between landlord and
tenant, and distress
actions. The Sessions
Court may also hear other
matters where the amount
in dispute does not
exceed RM250,000.00.
A Sessions Court has
jurisdiction to try all criminal
offenses EXCEPT those
punishable by death.
The Magistrates Court
 The Magistrates Courts deal with the vast majority of cases, both
civil and criminal, and sit in almost all major towns in Malaysia
(A) CIVIL JURISDICTION
B) CRIMINAL JURISDICTION
A Magistrates Court may hear criminal
matters of the following nature:•where the offense is punishable by a
fine only - this would cover the majority
Where the amount claimed does not of traffic offenses.
exceed RM5,000.00 you may wish to where the offense provides for a term
file your claim in the "small claims"
of imprisonment not exceeding ten
division of the Magistrates Court. If
years. A Magistrate may not, however,
you do so however, you must be
impose a term of imprisonment
prepared to conduct the case
exceeding five years.
yourself, as legal representation is
not permitted.
A Magistrates Court may hear a civil
case when the amount in dispute
does not exceed 25,000.00.
SPECIAL COURTS
• Was established on March 30, 1993 vide Act A848, now
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provided for in Article 182 of the Federal Constitution .
states that "any preceding by or against the Yang di-Pertuan
Agong or the Ruler of a State in his personal capacity shall
be brought in a Special Court established under clause (1) of
Article 182
chaired by the Chief Justice of the Federal Court and he shall
be assisted by four other members, namely the two Chief
Judges of the respective High Courts and two other persons
appointed by the Conference of Rulers who hold or have
held office as a judge.
has exclusive jurisdiction to try all offenses committed in the
Federation by the Yang di-Pertuan Agong or the Ruler of a
State and all civil cases by or against the Yang di-Pertuan
Agong or the Ruler of a State, notwithstanding where the
cause of action arose
State Structure
SULTAN
State Executive council
State legislative Assembly
Shariah Court
STATE
• Sultan or Yang di-Pertua Negeri is the
head of state
• He has the prerogatives to summon and
dissolve the Assembly upon the advice of
the Chief Minister
• He delivers a State Address at the official
opening of each new session of the
Dewan
• Yang di-Pertua Negeri has to assent to all
Bills passed by the Dewan before they
become laws
• He has power to grand pardons, reprieves
and respites in respect of all other
offences committed in his State.
• Function of State executive council (EXCO) is the
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same as Cabinet at federal.
Lead by Menteri Besar or Chief Minister who
appointed by sultan/ YDPN
Give advise to the Sultan about state
administration
State List comprises matters such as land,
agriculture, forestry, local government, riverine
fishing, Muslim law, etc
State list
Concurent list
Muslim law
Social welfare
Land
Scholarship
Agriculture & Forestry
Protection of wildlife
Local government
Town & country planning
Riverine fishing
Drainage & venery
Library,Musuems
Housing
Local government
Culture & sport