malaysia is a constitutional monarchy and parliamentary democracy of federal and state level

8/12/2019 Malaysia is a Constitutional Monarchy and Parliamentary Democracy of Federal and State Level

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Malaysia is a constitutional monarchy and parliamentary democracy of federal and state level. Itis made up of 13 states and two federal territories, which are divided into two distinct parts ofPeninsular Malaysia and East Malaysia provinces of Sabah and Sarawak in North Borneo.Malaysia was formed in 1963 through a federation of the former British colonies of Malaya andSingapore, thats included of Sabah and Sarawak.

The unique of the monarchy because is have the nine hereditary sultans elect from amongthemselves a Yang di-Pertuan Agong for a five year term. The Yang di -Pertuan Agong will bethe King with a five year reign that is the chief of state of Malaysia. The rotates of throne andeach Yang di-Pertuan Agong for five years then graciously steps down allowing his brotherRulers the opportunity in turn to play role on the national stage of the Yang di-Pertuan Agong. Ifthe Yang di-Pertuan Agong wanted to shortened his ruled therefore, he need to have a specificreason for the step down of the position.

The role of Yang di-Pertuan Agong is a Head of State, Head of Islamic Religion and SupremeCommander of the Armed Forces but is constitutionally bound to act in accordance with theadvice of the Cabinet or a Minster acting under the general authority of the Cabinet ( LegalResearch Board ). The role of Yang di-Pertuan Agong is to giving a support to the government

to rule and promote democracy to the states. It is clearly seen in Article 40, thats the Yang di-Pertuan Agong have his rights within the executives to appointed task for the ministers, Cabinetministers, deputy ministers, judges and so as the Ambassadors. Based on the Article 40 , theYang di-Pertuan Agong shall not abuse the power but to maintain the better trust to the publicby ruling the government and to show the value of the position to the states.

The Yang di-Pertuan Negeri ( Governor of State ) is ruled by own Sultan, of nine state of Perlis,Perak, Kelantan, Negeri Sembilan, Pahang, Johor, Kedah, Terengganu and Selangor. TheConference of Rulers, or Majlis Raja-raja is made up of the nine Sultans (hereditary rulers) ofthe states and the Yang di-Pertuan Negeri (Governors) of the states where no Sultan exits suchas Malacca, Penang, Sabah and Sarawak). If the place got no Rulers the Chief Ministers(Mentari Besar / Ketua Menteri) are the heads of government.

The Role, Power and executive function of Yang di-Pertuan Agong

The role of Yang di-Pertuan Agong is to giving a support to the government to rule and promotedemocracy to the states.

There are some matters in respect of the Yang di-Pertuan Agong is empowered to act in thisdiscretion relate to :

The appointment of a prime minister

The withholding of consent to a request for the dissolution of Parliament,

The requisition of a meeting of the Conference of Rulers concerned solely with the privileges,position, honours and dignities of their Royal Highnesses, and any action at such a metting

And in any other case mentioned in the Constitution


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However, the Yang di-Pertuan Agong is also the ruler of a state has discretionary powerspertaining to his function as the head of the Muslim religion or relation to the customs of theMalays citizens that he has the power to the offences and to sentences out by the SyariahCourts in the state. It is also the appointment of heirs, consorts, regent or Council of Regency,the award of honours and the regulation of royal courts and palaces. There are also things thatthe Yang di-Pertuan Agong are not allow to do such as have contacted with any businesses and

hold of any position that with salaries during his duties of the ruler of his state. It is strictly notallows to leave the state more than 15days unless he is going on official national matters or gotthe approval from the Council of Rulers.

In 1948, the Conferences of Rulers it is well established by the Constitution of the Federation ofMalaya. Is involved nine sultans and four governors or lastly is the Yang di-Pertuan Agong. HisDeputy and the Yang di-Pertuan Agong have a main function is to appoint the task for the ninesultans. The Conference of Rulers is also extension of the matter for religious to pertain to theIslam and in the Bill of Constitution that have amended. The Yang di-Pertuan Agong have theright to exception for the meeting of matter that will affected in the public or special privileges tothe sultan in all the meeting from the Conference of Rulers that attended by the Prime Minister,Menteri Besar from all states and Chief Minister.

The judiciary

The Yang di-Pertuan Agong will have right to appointed chief justice of the Federal Court, thepresident of the Court of Appeal and the chief judges of the High Courts and the other judges ofthe Federal Courts or the Court of Appeal and of the Court of Appreal and of the High Courts,that act from the advice from the prime minister, after the Conference of Rulers. For theelaborate removal mechanism is set out in the Constitution. For the maintaining theindependence of the judiciary the Reid Commission, the judge cant be removed except the bythe Yang di-Pertuan Agong passed by a majority of two-thirds of the House of Parliament andbefore any such motion is must be proved misconduct or infirmity of mind or any other causewas properly to discharge the functions of his office the Yang di-Pertuan Agong shall appoint atribunal.

Election System

It is a bicameral parliament for Malaysia. The monarch, Yang di-Pertuan Agong is one third asadvised from Executive to elect the House of Representative which is a single-member districtsand the two third is for the Senate appointed by state. Therefore, the delaying power that willhold the House of Representatives if two-thirds majority is required the regards in constitutionalamendments.

Legislative Authority

At Federal level, the legislative powers is in by the bicameral Parliament headed by the Yang di-Pertuan Agong and include the Dewan Negara ( Senate ) and Dewan Rakyat ( House ofRepresentative). Is has 69 members for Dewan Negara ( Senate ) is allow to served for two ormaximum to three years and out of 40 members are nominated by the Yang di-Pertuan Agong.The 26 members are elected by the State Legislative Assemblies and lastly 3 member fromFederal Territories of Kuala Lumpur and Labuan. Each state will have a single legislature for


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every five years election. The Yang di-Pertuan Agong can dissolve or discrete the DewanRakyat election in the Constitution for the Speaker, Parliament advice of the Prime Minister. ( pg55)

For example, in every meeting within the Parliament , the Yang di-Pertuan Agong will beaddressed by the Prime Minister in the related issues thats happening to the government. From

there, the Yang di-Pertuan Agong will be influence the government thru his accountability andthe Constitution will allow the Yang di-Pertuan Agong to acts or give relevant information thatsregards with the issues of the states thats by according to the Article 40(2).

Important subject in Federal list such as , civil and criminal law, citizenship, finance, commerceand industry shipping, communications, health and labour, external affairs, defense and internalsecurity.

Federal Parliament

Based on the Article 55 , the Yang di-Pertuan Agong got the right to summon Parliament thatprovides from the Federal Constitution because the King has the special power of prorogued ordissolve the Parliament. The summons of the Constitution is within six months that between thelast sitting in one session and from the appointed date of the first meeting in the next session.

28 days is given before to the commencement for each session of Dewan Rakyat, the Leader ofThe Leader of the House may need to vary from time to time for the date to be fixed.

It is also for the supreme Legislative Authority in Malaysia for the Federal Parliament, if is thedissolved, the Parliament shall function at five years from the date of the first meeting from thegeneral election. Sixty days from the date of dissolution will given if the dissolved of theParliament from the general election to elect representative of Dewan Rakyat. Summon willgoes to the Parliament before 120days for the date of dissolution.

2) The efficiency of administer and the rule of Malaysia like a huge organization. This is toensure the function of the practice of the parliamentary to become democracy and is as aconstitutional Monarchy within the head of country that is the Yang di-Pertuan Agong.

The Federal Constitution is divided into three branches, which is the legislative, the executiveand the judiciary. Mostly these branches it has an authority that divided the power to the act tochecks and balance of the administration of the government is to the federal and states. It actsas a strong pillar to the government and administration of the parliament, which with asafeguard, to maintain and stabilized in the country. In this government practice is shown to thepublic to have a democratic system, sharing, separation, distribution of power to appreciate it.

The Legislative

It has two levels for the legislative body at the federal level is the Parliament and for the State isthe State Legislative Assembly. The function of it is to draw up, amend and to pass law that onbehalf from the Cabinet to the Parliament, which gives command and authority from the ministeror the empowered party (executive officer).According to the Article 44, the Constitution, thepower is from the Yang di-Pertuan Agong. Although, the Yang di-Pertuan Agong is the head ofstate but he is not involved in the law making.


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The processes of the Federal Legislative are as follow:-

The will need to approve and to be Royal Seal, by the Yang di-Pertuan Agong before itsaccepted and applied.

After the House of Representative and the Senate approved the bill, it will be presented to theYang di-Pertuan Agong for his approval

When the bill is presented to the House of Representative or The Senate

There are three step reading ,

First readingWill read by The Minister

Second readingDiscussion among the principle

Third readingWill discussed at the level of The House Representative

(For the bill has passed in The House of Representative, it will bring forward to the Senate forapproval and will need to go thru the same process.)

After the bill agreed, it will be presented by to the Parliament, when it is printed with or withoutamendment by The Cabinet

The Attorney Generals Office will advise the bill of frame to The Minister and the officers fromhis ministry.

In the hand of Parliament, the Legislative Body is comprises by the Senate, House ofRepresentative and so as the Yang di-Pertuan Agong that leading the Legislative Council. It is

acts as function of the law maker, to have an authority to raise taxes and so as to authorize theexpenditure. The Federal Constitution and State Government are shared between the powers ofthe legislative and will systematically distribute in the Federal List, State List and so as theCommon list.

The Federal List is to cover the areas of external affairs, internal security, defense, citizenship,civil and criminal war, commerce and industries, finance, communication, shipping, health andlabour.

The State List is to comprises such as local government, local services, Muslim Law ( syaraklaws ), land, forestry, agriculture, local public works, state government machinery, state publicholiday and others.

For the Common List, is covered to the both Federal Government and the State Governmentwhich include scholarship, social welfare, town , country and wildlife protection planning.

The Yang di-Pertuan Agong is given 30days for the date of submission of the laws thats to bedrawn up to accept or applied at the federal level, of the sultan or ruler or Yang di-PertuanNegeri at the State. If the Yang di-Pertuan Agong disagreed the law on the details or other legalaspects, then the Parliament or the State Legislature need to improve it and resubmit again.


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The Executive

Is regards the power to the govern of the federal and the state level. The matter that responsiblefrom the governing and administration that carry out, its does not involve in affairs with the

judiciary or legislative. It is clear that to the officers from both of the federal and state level inFederal Constitution, to implement the law from the Parliament or the State Legislative

Assembly to both by the federal level and state level. The head of the Executive Authority is theYang di-Pertuan Agong at the federal level and the prime minister will be the Cabinet at thestate level in the State Executive Council.

The Executive at the Federal Level

Its according to the Federal Constitution of Article 39, the Yang di-Pertuan Agong , is the mostpowerful of the executive level in the federal government. He is the supreme head that to powerand rule the country. In the Constitution , the executive powers are by the Cabinet or any of theminister to empower by the Cabinet thats happen in normal practices. Beside that theParliament can delegates the executive duties such as the coordinate policies and efforts toothers, such as the General Elections Commission, Public Service and the Immigration and soas the Customs to run a smooth practice of the country.

The prime minister, the Cabinet or ministers, is acting like a general power to advise the Yangdi-Pertuan Agong when the task of the executive duties need to carry out, according the Article40(1). From the Article 40(1), is clearly shown that, the Yang di-Pertuan Agong is the supremehead but he did not have the power that to act as his way. It is also to avoid from the politics andthe countrys governance and administration that implemented in the country. Thus, the Yangdi-Pertuan Agong have the right to know everything so as the information that happens to thegovernment of the Federation from the Cabinet.

The Council of Rulers

Based on the Article 38(1), the Council of Rulers is protected by the Constitution andestablished in 1948 of the Federation of Malaya. It is represents by nine state of the Yang di-Pertuan Negeri of the Ruler or Sultans. (Perlis, Kedah, Perak, Selangor, Negeri Sembilan,Johor, Pahang, Terengganu and Kelantan) The State Constitution will allow in certain conditionif the by representative of Sultan or Ruler, during the conference of the Council Rulers. In theCouncil, there are two important roles , the first is the interest of Malay Ruler and the second isthe administrative affairs of the country. This is clearly listed in the Article 38(2) as following:-

The selection of the Yang di-Pertuan Agong or Deputy Yang di-Pertuan Agong

To approve or disapproves of any acts, such as practice or religious ceremony, involves in the

Federation as a whole.

To approve or disapprove the Constitution laws and give advice on the appointment for theapproval or consultations with the Council of Ruler.

In Special Court under Section (1), Article 182 to appoint members

Grants pardon, postpones or commutes sentence under Section 12, Article 42,


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To make decision for national policies, such as amendment to immigration policy and othersthat is necessary.

The Conference of the Council of Ruler will be held three or four times a years and it will last forthree days. It is rank by highest by the chairperson through the seniority in every conference; itis part of the nation building and to safeguard the welfare for people to discuss the national

policies and so as the sharing opinion.

The Prime Minister is chosen as chief of the Cabinet among the member from the House ofRepresentative to gives support from the majority of the House or both the Senate. He only canlead the House of Representative by the support of large number of member. If he fails, theprime minister will need to resign, according Article 43(4). He can voluntarily also resign by hisown reason, based on Article 43(5).

The Minister, is appointed to head of ministry and responsible to carry out the duties, based onMinisters Responsibilities Act. However, there are also some minister known as MinisterWithout Portfolio, that help the prime minister to do some specific duties.

The Executive Body

For the Sultan and the Yang di-Pertuan Negeri is the symbol of the sovereignty of the states (Selangor, Perak, Pahang, Johore, Kelantan, Kedah and Terrenganu) is known as Sultan. Forthe state without Ruler is known as Yang di-Pertuan Besar ( Malacca, Penang, Sabah andSarawak). This position of Ruler or Sultan is protected under the Federal Constitution. TheSultan or Ruler need to act on advice that is based on the State Executive Council that chair bythe Menteri Besar, is include :-

Appointment with Menteri Besar

The dissolving of The State Legislative of the refusal and request to the assent

It also to request or discuss the special right, for position, sovereignty and supremacy and alsothe religious acts on the Ruler for the practices and the ceremonies as well

The duty to the head of Islamic religion or Malay customs.

It is also to have the appointment with the heir, queen or the ruler of acting or to the ActingRulers Council.

To have appointment with the people holding in ranks , titles, designation and honour in MalayCustoms and so as the determining of duties

It is also to make the rules for the palace and the royal audience hall

Is clear, that the Sultan have no power but only to the royal affairs, ceremonies, customs andthe religious issue of Islam.

The Cabinet of Ministers is at the federal level, likes the State Council. The Menteri Besar is thehead for the Malay states that with Sultan. However, if the state does not have a Sultan, it will


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be head by the Chief Minister. For Sabah and Sarawak will be known as State ExecutiveCouncil and the Cabinet called as Supreme Council. The forming is the responsible to have avarious states implements and policies is advice by the Yang di-Pertuan Negeri.

The Judiciary

Is to drawn up the law to the executive to ensure is not abused the power and theresponsibilities of the Judiciary. Its also to keep in monitor of the provision of the FederalConstitution. The Judiciary will decide or decline the laws in the Constitution from the power of

jurisdiction. The role of the The Judiciary is to balance the power of the executive and theLegislative body to the people to trust the government. Besides that, it is also to defend justice,thats apply to all the judges that committed to the Federation and to punished, to settle betweenparty and so as the central and state government, such as to the government, states and thecentral, state government and as well as to the public. The acts of the Judiciary, is to respectingthe authority and carry task to the country laws.

The Judiciary will not influences by the status, rank, religious, race, and behavior of the person.

The Court

The Court is where the Judiciary area of justice and it as a third body to represent the practicesof authority, based on the Article 121 (1).

The Role and Jurisdiction of the Courts

It is to defend the justice regardless such as the special rights, status, political ideology , color,the organization size or the influences as in counted to everyone. With this role, it is to createthe harmony and national peace to the people by the guide of the Constitution of the Federation.There are four types power of jurisdiction to the courts, by Tun Mohamed Suffian ( 1987: 138)

such as interpret of the Constitution and law, proclaim the invalid law thats written in Federal orState and to declared of action of the government in the eyes of law.

The Federal Laws is observed by the House of Representative and the Senate in theParliament. The law will be discussed by the State Legislative Assembly at the State Level. TheCabinet at the Federal Level and the member of the State Legislative Assembly will check andbalance for the law that have been make in the Parliament or in State Legislative Assembly andit will not exceed the limit by the Constitution. The Court will be declare if clashed in the Federaland State law:-

clashed in the Constitution according the Article 74(1)

in Article 74(1) and (2) the law that outside from the jurisdiction of the Parliament or the StateLegislative

The law from State opposite the Federal law, according Article 75

It is divided in three levels of courts, The Federal Court, High Courts and the Lower Courts.


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Federal Court Is headed by the Chief Justice in the Supreme Courts, there is a two High Courtin Malaysia , one in Kuala Lumpur and another one in Sabah and Sarawak. It is same power forboth courts and headed by the Chief Judge of the High Court. It is transfer from the High Courtthats needs advises from the Yang di-Pertuan Agong on the Constitution.

High Court Is consists of Session Court, the Magistrate Court and High Court. The Session

Court in Sabah and Sarawak is called as District Court or Mahkamah Anak Negeri. It is for thecivil cases such as the punishment for the offences involving claim below RM 25,000. For theMagistrate Court is divided by Magistrate Court Class One and Two. There difference betweenin the types of cases examined and to imposed fine to the offenders, if is quilty. It is to sentencethe offender to maximum 6 month or imprison or fine that not exceed RM 1,000. The HighCourt, it has unlimited power over criminal and civil cases, such as bankruptcy and companycases, matrimonial, guardianship of disable person.

Lower Court Is known as Penghulu Court or Sub-District Level, thats included Special Courtsuch as District Court, Juvenile Court, Syariah Court, Industrial Court and Commission Courts. Itis a judicial system in the state. Its for the minor cases at the villages in Peninsular Malaysia.

It important thats to free from political influence or pressure in the judicial body. Is to guaranteein the Constitution is being control and pressured for the executive and the legislative party.From this, the court will not afraid in carry the task that affected the administrative process. It isshown that the court to have a neutral institution, according the Article 127 , from theConstitution of the judges behavior to the three level of the Courts. The judges are not allowedto discuss in the Parliamentary Council. The judge can be dismissal, and with carefullyprocessed with special procedures. According to the Article 126 of the Constitution, punish willbe given to whoever disrespect the Federal Court, Court of Appeal and High Court. The role ofthe judges is important to have balance of the power between the administration and the right toprotect the citizen.

Its clear that the system of the country for the administration and government in the Parliamentto protect the interest and harmony to the citizen, based on the Parliamentary Assemblies orHouses laws.

3) Parliament democracy was practices in Malaysia. For the types of government, it contains intwo types such as autocracy and so as the democracy as well. The government that is inautocratic system it is often the picture of the ruler as a wicked person and he/she ignoresvoices from the people and also denied their power completely. This ruler is also known as iron-fisted, with a dictator as a nickname. Meanwhile, rule of democracy system the power is actuallycomes from the people, it is the practice from the voices and the majority decision that comefrom a right channel of Parliament such as the general election. Not everyone can become therepresentative or candidates, the person need to follow some criteria for the ballot in the highestlevel. The voter of the State Legislative and Parliament will have general election seat, if there ismore candidates fight for the seat at the constitution, therefore , the candidate will be selectedas a representative for the party of opposition or the government base on the most ballot that heor she have.

General Election

In the general election, mostly the political parties will start using the these types of tools tosearch for voters such as canvassing the votes, ballot boxes, banners, and so as the paper


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ballots for the election in the State Legislative and Parliament. The chosen voter of thecandidates or representative will need to be capable and support the fulfilling condition for thecitizen that they are trusted in, to represent in the House of Representative and to the StateLegislative Assembly. The choosing of the representative is by voting, for the party that is win,therefore the candidate of the party will be represent the government and theres where theelection come from. The election process involving in the protesting, business of nominating of

candidates, voting, ballot counting and so as the announcing of the results. During the balloting,nobody known of whom will be win and cant forces the voter to vote for certain candidates. It iscarried out by independently and secretly in the balloting process. The contesting party can stillfish the voter but it cant guaranteed that the voter will vote for them in the general electionbecause it is a character as democracy thats, the voter will be in confidential and free from thepressure from any of the partys.

The Parliament democracy is a form or system that important to the people to voting the party inthe election for politic to have certain authority, command or power thru the government. Withthe election it is to practice for the principle of freedom to the people and the people have theright to choose their leader. The chosen leader will responsible to carry the task that the voterhave requested on based on the constitution to the House of Representative ( federal level )

and so as the State Legislative ( state level ) . It is shown that the government is also practicingthe democracy system to the chosen representative to perform task and responsibility for thecitizen as they called from the people to the people for the people ( Nazaruddin Hj. Mohd Jali,Marof Redzuan, Asnarilkhadi Abu Samah, Ismail Hj. Mohd Rashid Pg93 )

After the party that wins in the election, its will form amajority in the Parliament level at thecentral government and same goes to the state government it will be the State Legislative

Assembly level. It is the people formed the government by election and so as lead by peoplesinterest party the after winning in the election. However, if it is not by this election for thispractice and the principles of democracy, the government will be in tragedy. From anotherangle, it is to have a freedom and democracy for the party in the country. The practice ofdemocracy is the success of forming the government and so as the constitution to the people by

the election.

It is shown and practice for the candidate or party from the election to have a social contact andthe democracy for the citizen and from the contesting party that have been chosen by the voterfor that respective candidate, will have some capable task that expected to carry by him or her.The party should fulfilled and sovereign the task that have promised after the election and if theparty failed to do so, after 4 to 5 year the in the democratic practice they will switch to the othergovernment party during the next election. As a conclusion, for the election is by majority of thelegal election to people to change the government for their interest and so as the certainty orvictory of the result for election. After the result have announced for the winning candidate andfor the defeat candidate to design or practice respect to look after the confidence and the spiritof the democratic voters. It's clear that Malaysia country is practicing, raising and the official

authority from the parliamentary system that have held ten elections since 19, August 1959 toNovember 1999.

Types of Election

There are two types of general election. It was held by the Council Parliament and StateLegislative Assembly for the public citizens to elect the representative that held every five yearonce. For the type two of election, is after then dissolved Parliament and the State Legislative


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Assembly and does not involve in any of the dissolution nor fixed schedule is mainly seen at theFederal Level. For the State of Legislative is at the state level and dissolved by the Ruler orYang Dipertuan Negeri by the request of the Menteri Besar or Chief Minister. There are within60 days for West Malaysia and 90 days for Sabah and Sarawak as the Parliament is dissolved.There is specified time for a reasonable Election Commission for the prepared of thearrangements and to the contesting parties to ready to hold the campaign and also to construct

strategies to follow regulations or thru the law from time to time. The Election Commission it isto issue order to the Managing Officer by the Prime Minister, so that can organize the ballotingprocessing for the general election after Parliament the dissolves from the Yang di-Pertuan

Agong. From there the Managing Officer will responsibility the issue statement, through theGovernment Gazette or newspaper, from the date for nomination that the candidate for theplace and time of election in electoral constituency. Thats where the date and place for ballotingin the Election Commission. In the nomination paper, those candidates that wish to contestobtain of the nominator, there a second candidate and at least another four people, that forthose name is recorded in the nominated paper. The voter must register in the constituencyfrom the place of the candidate contesting. The candidate or representative will revote again ifdeath of the member or absenteeism in the State Legislative Assembly and so as to theParliament. The legislation and rules will be decided by the High Court for the result if is invalid.

The Voter and His Council

There no level for the voters such as ethnic group, height, body size, color, religion, gender orrace to meet the qualifications vote, according to the Constitution, Article 119 (1 ) :

When the voter reaching at 21 years old on the qualifying date

To reside in the election on the qualifying date or as absentee voter

For the electoral list it is listed in the document by voters names in the electoral constituency.Based on the Election Rules 14 and 15 in 1959, the name which is not listed is not allowed tovote. This checking can be done at the village level, such as village head complexes, town halls,official government building or at the places that can access by local community. The threetypes of absentees can be excuse is the:-

Malaysian citizen that work in Federal Armed Forces or Commonwealth countries, or the wife isstaying in the place where provided by the Armed Forces authority from the date of applicationand register as voter in electoral district

Malaysian citizen that who living oversea with his wife and working with the State and Federal,Government or local ,semi-government and that has register himself as voter in the in theelectoral constituency

Malaysian citizen and his wife thats study on aboard, that has register himself as voter in the inthe electoral constituency

There are also some criteria that the voter is not allowed to vote for the State Legislative Councilor House of Representative such as:-

The person is sound minded or in jail sentence on the qualifying date


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Jail for more than 12 month on the qualifying date in any of the Commonwealth country

Election Commission

Transparency is the function that protected the election to pay the homage and then sustains tothe democracy to make sure the people are convince to practice democratic and fairlyadministered. Based on the Article 113, Constitution, it is responsible to the ElectionCommission in the way to managing and administrated such as:

The electoral constitution is by draw up the border

Voters list are prepare and check for election

Parliamentary and State Legislative Assembly of constitution is well manage in the electionprocess

First, its important to balance the population at the town area and so as the development in the

constitution and need to examine the election area for every ten to twelve years. This process isto examining to realigning for the border and to make sure is carrying out by the systemicmeasure. Second, is to checking and update the voters details and to make sure the list isconfirm, when the time for election to come.

After the consultation from the Council of Rulers, the Yang di-Pertuan Agong will appoint themember for Election Commission. According to the Article 114 of the Constitution, themembership is contains chairperson,1 deputy and other three member. The bearer of the officeris to allocate special fund according to the Parliament law. The Parliament have the right tochange the membership and post of the Commission. The member can hold the post till the ageof 65 and so as to resign by sending letter to the Yang di-Pertuan Agong. The member only willbe dismissed by the Federal Court due to special procedures. The Yang di-Pertuan Agong got

the right to dismiss the member that is bankrupt or holding salary from the post in theParliament and the State Legislative Assembly. The dismissal of the member is to protect to theneutrality of the election by the Yang di-Pertuan Agong.

Vote and Balloting

For the date of nomination, the balloting day will be held 3 weeks later that would not more than8 weeks. All voters thats qualify to vote will need to carry they responsibility to cast the votes atthe balloting place which is provided such as town halls, government building , school andpublic halls. The party that is contesting are allow to do election campaign such as political talksthats only before arrives of the balloting day. From the campaign, there were a freedom to givesspeech and assembly, that shows freedom as based in Article 10 of the Federal Constitution

which the country protected as a practice of the democratic system in government. Meanwhile,for the security in the public talks that held from the party are reins from the government or theside of the opposition, is mostly needed to get approval or permit from the police force.

Two sheets of ballot papers are given to the voters in different color. One is for the StateLegislative Assembly and another one is for the Parliamentary. The voter is only need to markan X to the choice of the party and is one vote for one voter. In the ballot paper there is asymbol for each party and provided of the separated box for Parliament and State Legislative


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Constitution. The voter only can vote one time and must be at the age of 21 years old thatconsider a mature voters.

State Legislative and Parliamentary Members

The voter that have chosen in the public general election will have two candidates that isqualified to represent themselves in the House, such as the State Legislative Council and theHouse of Representative. The contested candidate that is from the State Legislative Councildistrict, is known to represent State Legislative Assembly seat. Meanwhile, the House ofRepresentative is from the Parliamentary or House of Representative seat. The winner whowins in the election will design to State Legislative Assembly members or to PeoplesRepresentatives, thats based on the district that is winning by the candidate. To become aqualified member of State Legislative Assemblyman or Parliament member, it must be aMalaysian citizen, 21years old, except he lost the right to become a member, base on theConstitution law in Section 6 Schedule 8 for State Legislative Assemblyman and Parliamentarymember is Article 48. Both laws is the same in terms of rejection to become a member such as:

- If the member is found or to be not sound minded

- The member is bankruptcy and yet to be release

-Holding a salaries post in Parliament and the State Legislative

-If he fails to send his statement of expenses within 33 days for the Parliamentary or StateLegislative Assembly in the election after the announcement result

- If he found guilty to criminal offence by court and imprison for the less than a year or finedRM200 that hadnt receive pardon

- If found used foreign citizenship

-Have offences in the election that is guilty

The State Legislative Assembly member cant represent more than one electoral constituency. Itis same goes to the people representative thats cant be member for Parliament Assemblies orrepresent more than one in the electoral district.

From state to state the total of membership from the State Legislative Assembly and from this isto issue the alignment of electoral or division constitution to identified from the ElectionCommission authorities. That is same goes to the membership of the House of Representatives.The Honourable / Yang Berhormat position of the member of State Legislative Assembly or

Parliament is not a special post because this person can be dismissed anytime if found guilty inany offences when is at the Constitution within the office. For the member of the House ofRepresentative can withdraw his post by writing officially to the Yang di-Pertuan Agong.

According to the Article 52 of Constitution, the member can be stripped of his post if he absentfrom the meeting for 6 month thats without prior approval and still can declare the seat to beheld the election for choosing a new representative. Based on Article 59(2), the member candeclared vacant for the seat within 6 month from the House, if he sits on the meeting frombeginning after six month election. Based on the chart is the number of the seat in the HouseRepresentative and the State Legislative Assemblies, for the Year of 2008 (8th, March )


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State

House of Representative

State Legislative Assemblies

Perlis

3

15

Kedah

15

36

Kelantan

14

45

Terengganu

8

32

Pulau Pinang

13

40

Perak

24

59

Pahang

14

42


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Selangor

22

56

Federal Territory ( Kuala Lumpur )

11

0

Federal Territory ( Putrajaya)

1

0

Negeri Sembilan

8

36

Melaka

6

28

Johor

26

56

Federal Territory ( Labuan )

1

0

Sabah

25

60


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Sarawak

31

0

Total

222

505

The Senate

Based on the Article 45, of the Federal Constitution, the member of the Senate need to providesthe known of the selected senators that is appointed :-

Each of the State of the 2 member will be elected according to the Seventh Schedule from theFederal Constitution for 26 member

From the Federal Territory, Kuala Lumpur is 2 member and each of 1 member are from FederalTerritory of Labuan and Federal Territory of Putrajaya, that is appointed by the Yang di-Pertuan

Agong

The Yang di-Pertuan Agong will appointed 40 members

The Senators which is appointed, are required to give excellent service in the business,agriculture, commerce, social welfare or arts. It can be appointed from the group which isinterested in the native tribes. The Senator appointment is considered important to the

legislative context. The Senators can only hold for 3 years, but not in the two terms, exceed tosix year regardless continuously or intermittently in the Parliament is dissolved. If the Senatorsare passed away, the replacement of the person to continue the task is only for that term only.The Senator, can resign by writing to the Yang di-Pertuan Agong.

malaysia is a constitutional monarchy and parliamentary democracy of federal and state level

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