Parliamentary System and Structure of

Government Separation of Power

-three main bodies

-do not overlap and no interference

Executive legislative judiciary

The executive

• Federal/State (Cabinet/ State Executive Council)

-governing and administration

-supreme head- YDPA (has to act on advise of the PM)

-executive power exercised by cabinet (Article 43)

-cabinet headed by PM and consist of ministers (who is made up of those who represent the party with a majority in Parliament)

-determine government policies

Prime minister

• Prime minister’s - appointment by YDPA but chosen from among members of House of representatives and have the support of majority of members in the house

• -if fail to have support has to resign (Article 43)

• -can voluntarily resign

Ministers

• The PM determine the Minister fortfolio

• Term of member of cabinet depends on YDPA

• -appointment by YDPA and deputy is also appointed by YDPA on advise of PM

• Also minister are appointed without fortfolio (to assist PM)

Cabinet

• Role of cabinet– To determine govt policies– To issue directives for their implementation– Advisory to YDPA– Meetings to discuss the above held every

Wednesday – When decision taken, a cabinet member

should accept policy and defend it @ to resign from Govt or leave cabinet

The legislative body

• Function :-

draw up, amend and pass law

- Federal- Parliament (article 44) – consist of

House of Representative (Dewan Rakyat &

House of Senate (Dewan Senat)- YDPA , a component of the Parliament by is not

involve in making the laws.- Draft put together and outlined by Minister after

obtaining views of Attorney general

Law making processBill frame with help of AG office

The mInister will get cabinet approval and bill isPrinted and presented to Parliment The Bill is presented to the

House of Representative or House of SenateThree Readings:-1st-Minister will read & brief2nd – bill discussed and debatedbill discussed at House committee level & finalised3rd – can be subjected to minor amendments onlyBill must be approved (2/3 majority)

(brought to the other house for the same process)

is presented for YDPA approval (after approval by both Houses)(may disapprove once and the Bill will return to same process again)

Approved by YDPA, stamped with royal seal and gazetted(becomes Act)

JudiciaryRoles• interpret constitution• Interpret law• Proclaim written law invalid• Proclaim govt action invalid

Freedom of the Court- Free from political influence or pressure

Judges appointed by YDPA (article 122B(1)) on advise of PM after consultation with council of rulers

- Administration (please refer to the (judical System of malaysia)

Adminstration at state Level

• Executive Legislative-Sultan/Yang Dipertua Negeri Sultan/Yang Dipertua negeri(Chief executive) decide based on -draws law called enactmentAdvise of State Executive Council - State legislative AssemblyChaired by Ketua Menteri/MB - consist of those won State

state seat in electionState Cabinet (EXCO) + State Secretary- Forming policies, implements and advise + State Legal Advisor Sultan/YDP + State Finance Officer-collectively responsible - law related to State List

The YDPA

• Supreme head according to Federal Constitution• Above everyone and cannot be convicted for official duty• Can only be convicted in Special Court(no absolute immnunity)-Parlimentary Monarchy

To protect the institution , He cannot-not allowed to continue his duty as ruler-hold salaried position- Do business- Receives emolument- Leave Federation without approval more than 15 days

on personal reasons

Selection of YDPA

• Selected by rotation among malay rulers• When turn comes can be the YDPA UNLESS

– still a teenager– Decides does not want to be chosen– mental or health problem– Council has ballot support of 5 members that he is

unfit

Should be the most senior

Holds office for 5 years

YDPATHE FIRST

THE SECOND

THE SECOND LAST

THE CURRENT2006-2011

THE NEXT?WAS THE 5TH YDPA - 1970-1975

• Period can be shortened if:-- decease- withdraws from position- deems unfit by council of rules (at least 5 by secret ballot)

- cease to be ruler of own stateExclusive Powers of YDPA- Appointment of PM- Not to consent to dissolution of Parliament- Request for meeting of rulers

Council of rulers

• Represented by Rulers and Sultan & YDPN• Power according to Article 38(2):-

-selection of YDPA and Deputy-approves, disapproves act, practice or religious ceremony;

- approves/disapproves and give advise on appointment that require their approval

- appoints member of special courts - grants pardon, postpone or Commutes

sentence -deliberate matter pertaining to national policies

• YDPN no power to vote for selection of YDPA

• They also become the deciding body in matter of Islam

Conference of Council of Rulers- 3 or 4 x a year- A forum for close discussion- Chairperson would be one ranking highest

in seniority- Attended by PM / CM/ MB