The Components of the Government Legislature Executive Judiciary

The present modern government of Malaysia consist of three main bodies: - Legislature – Executive - Judiciary

This division is based on a theory of separations of powers.

Each body has their own powers and one cannot oppress or interfere the others.

Reasons: for check and balance, justice and fairness

Legislature is the Parliament Function: to enact laws Process in the enactment of law:

A minister or ministry draws up a draft, known as a bill, with the help of the Attorney General’s Department.

The bill is printed and distributed to the Members of Parliament (MP).

The bill has to go through three readings and close study by a Dewan Select Committee. First reading, a minister presents it to the Dewan

Rakyat and the House Secretary reads the brief subject matter.

Second reading, the bill is discussed and debated in detail. After that the Dewan Select Committee will study it and make necessary amendments.

Third reading, the bill is presented by a minister for approval. If the get a two-third votes from the MP, then it will be considered as pass.

The passed bill will go to Dewan Negara to undergo the same process before being presented to Agong.

The Agong has a period of 30 days to give consent to the bill.

He can reject the bill and the Dewan Rakyat must discuss and pass it again.

After that he has another 30 days to pass the bill. It will automatically become a law in 30 days even if the Agong didn’t sign it.

The legislative body consists of three components The Yang di-Pertuan Agong The Dewan Negara The Dewan Rakyat

Also known as Senate. Members of Dewan Negara – senators. Headed by Yang Dipertua who presides over

meetings. He is assisted by Deputy Yang Dipertua and Dewan Secretary.

Article 45 of the Constitution: Senators are appointed.

They serve the Dewan Negara for two years (a term) and cannot exceed two terms (whether continuously or alternately).

Procedures of appointing a Senators: Two persons for each state appointed by the state government through the State Legislative Assembly

Two persons for Federal Territory of Kuala Lumpur and one for Labuan appointed by Agong on the advice of the Prime Minister.

Forty persons from various states appointed by Agong on the advice of the Prime Minister.

A Senator is picked among the circle of prominent citizens who have served the society or country in various fields or professions.

The roles of Dewan Negara: To discuss and pass the bills passed by the

Dewan Rakyat before being forwarded to Yang di-Pertuan Agong.

Dewan Negara have power to delay the passing of the bills for a period of one month to one year, but they have no power to reject it.

The members are a person who won a parliamentary seat in a general election.

They are known as ‘Wakil Rakyat’. Functions: to enact law and to discuss

matters related with the interest of the people and the country.

The governing body, represented by cabinet ministers.

Lead by a Prime Minister. The Agong appointed a Prime Minister

from members of a Dewan Rakyat who has the confidence of the majority of the Dewan (Article 43.2)

The Agong also appointed other ministers on the advice of the Prime Minister.

They meet once a week, usually on Wednesday, for a meeting.

The Cabinet can form a Special Cabinet Committee to study a policy or issues requiring close examination.

The ministers only manage and give directives but not perform the actual tasks.

A minister led a ministry. The government employees perform the

task and carry out the directives. The head of the government employees is

the Chief Secretary-General.

Responsible for the process of justice. It carries out its duties in court of law. Had wider powers compared to the Legislative

and the Executive. It can interpret the Constitution or any other

law and rule it as invalid. The role:

To ensure that each individual acts and behaves in a manner befitting a member of society and a citizen.

Determines what action is right or wrong according to the law.

Enforcing the laws with justice.

Free from any government influences: The Agong on the advice of the Prime Minister

appoints judges after a consultation with the Council of Rulers.

The judges are paid from a special fund and not from the government’s money.

An independent Judiciary Service Commission is responsible on matter relating to judicial services, like the appointment of legal officers, promotion and allowances.

Judges can be dismissed from service for two reasons only: Improper behaviors Inability to carry out duties as a judge.

The High Court Federal Courts

Had powers to decide on appeals concerning decisions of the Appeal Courts, the High Courts or a Judge.

Consist of a Lord President, Chiefs Justice, High Courts and others directed by the Agong.

High Courts Appeal Courts

The Lower Courts Session Courts

The highest among the lower courts. Handle all kind of criminal cases but not to the

death penalty, and cases involving claims not exceeding RM250 000.

Magistrate Courts Presides by magistrates. Handle criminal cases involving jail sentences not

exceeding a ten years prison.

Special Lower Courts Juvenile Courts, which has power to handle

cases (except murder) of teenagers (below the age of 18 years). Those found guilty by this court will be sent to rehabilitations centers. The media are not allowed to cover or highlight the cases.

Industrial Courts, which handle cases of a disputes between employers and employees. Appeals to the court’s decision can be made to the High Courts.

Military Courts Has power to handle cases involving

members of the armed forces. Syariah Courts

Has power to handle cases concerning the administration of Islamic law for Muslims families or individuals.

Two types: A Syariah Courts and a Syariah Appeal Courts, which has powers to hear appeals of the decisions of the Syariah Courts. The decision of the Syariah Appeal Courts cannot be challenged in any civil courts.