Politics of Malaysia takes place in the framework of a federal representative democratic constitutional monarchy, in which the Yang di-Pertuan Agong is head of state and the Prime Minister of Malaysia is the head of government. Executive power is exercised by the federal government and the 13 state governments. Legislative power is vested in the federal parliament and the 13 state assemblies. The judiciary is independent of the executive and the legislature, though the executive maintains a certain level of influence in the appointment of judges to the courts.
The Government of Brunei is the union government created by the constitution of Brunei where by the Sultan of Brunei is both head of state and head of government. Executive power is exercised by the government. Brunei has a legislative council with 36 appointed members, that only has consultative tasks. Under Brunei's 1959 constitution, His Majesty Hassanal Bolkiah, is the head of state with full executive authority, including emergency powers since 1962. The Sultan's role is enshrined in the national philosophy known as "Melayu Islam Beraja" (MIB), or Malay Islamic Monarchy. The country has been under hypothetical martial law since a rebellion occurred in the early 1960s and was put down by British troops from Singapore. The Seat of the Government is located in Bandar Seri Begawan, Brunei.
The King of Malaysia, officially Yang di-Pertuan Agong, is the constitutional monarch and head of state of Malaysia. The office was established in 1957, when the Federation of Malaya gained independence from the United Kingdom. The Yang di-Pertuan Agong is elected by the Conference of Rulers, comprising the nine rulers of the Malay states, with the office de facto rotated between them, making Malaysia one of the world's few elective monarchies.
The Federal Constitution of Malaysia, which came into force in 1957 as the Constitution of the Federation of Malaya and was amended in 1963 to form the Constitution of Malaysia, is the supreme law of Malaysia and contains a total of 183 articles. It is a written legal document influenced by two previous documents, the Federation of Malaya Agreement 1948 and the Independence Constitution of 1957. The Federation was initially called the Federation of Malaya and it adopted its present name, Malaysia, when the states of Sabah, Sarawak and Singapore became part of the Federation. The Constitution establishes the Federation as a constitutional monarchy, having the Yang di-Pertuan Agong as the Head of State with largely ceremonial roles. It provides for the establishment and organisation of three main branches of the government: the bicameral legislative branch called the Parliament, which consists of the House of Representatives and the Senate ; the executive branch led by the Prime Minister and his Cabinet Ministers and the judicial branch headed by the Federal Court.
The states and federal territories of Malaysia are the principal administrative divisions of Malaysia. Malaysia is a federation of 13 states (Negeri) and 3 federal territories.
Islam in Malaysia is represented by the Shafi‘i school of Sunni jurisprudence. Islam was introduced to Malaysia by traders arriving from Persia, Arabia, China and the Indian subcontinent. It became firmly established in the 15th century. In the Constitution of Malaysia, Islam is granted the status of "religion of the Federation" to symbolize its importance to Malaysian society, while defining Malaysia constitutionally as a secular state. Therefore, other religions can be practiced legally, though freedom of religion is still limited in Malaysia.
Judiciary of Malaysia is largely centralised despite Malaysia's federal constitution, heavily influenced by the English common law, as well as Islamic jurisprudence.
The legal system of Singapore is based on the English common law system. Major areas of law – particularly administrative law, contract law, equity and trust law, property law and tort law – are largely judge-made, though certain aspects have now been modified to some extent by statutes. However, other areas of law, such as criminal law, company law and family law, are largely statutory in nature.
The High Court of Singapore is the lower division of the Supreme Court of Singapore, the upper division being the Court of Appeal. The High Court consists of the chief justice and the judges of the High Court. Judicial Commissioners are often appointed to assist with the Court's caseload. There are two specialist commercial courts, the Admiralty Court and the Intellectual Property Court, and a number of judges are designated to hear arbitration-related matters. In 2015, the Singapore International Commercial Court was established as part of the Supreme Court of Singapore, and is a division of the High Court. The other divisions of the high court are the General Division, the Appellate Division, and the Family Division. The seat of the High Court is the Supreme Court Building.
Mohamed Salleh bin Abas was a Malaysian judge and politician. He was a Lord President of the Federal Court of Malaysia. He was dismissed from his post during the 1988 Malaysian constitutional crisis. This action was condemned internationally and widely considered to be the event that triggered a marked reduction in the independence of the Malaysian judiciary.
Sultan of Selangor is the title of the constitutional ruler of Selangor, Malaysia who is the head of state and head of the Islamic religion in Selangor. The current monarch, Sultan Sharafuddin Idris Shah ascended the throne on the death of his father, on 22 November 2001.
Article 10 of the Constitution of Malaysia guarantees Malaysian citizens the right to freedom of speech, freedom of assembly and freedom of association. Unlike comparable provisions in constitutional law such as the First Amendment to the United States Constitution, Article 10 entitles citizens to such freedoms as are not restricted by the government, instead of absolutely guaranteeing those freedoms.
Madhavan Nair & Anor. v Public Prosecutor [1975] 2 MLJ 264 is a case in Malaysian law concerning the freedom of speech, sedition, and Article 10 of the Constitution.
The Government of Malaysia, officially the Federal Government of Malaysia, is based in the Federal Territory of Putrajaya, with the exception of the legislative branch, which is located in Kuala Lumpur. Malaysia is a federation composed of the 11 States of Malaya, the Borneo States of Sabah and Sarawak, and 3 Federal Territories operating within a constitutional monarchy under the Westminster system and is categorised as a representative democracy. The federal government of Malaysia adheres to and is created by the Federal Constitution of Malaysia, the supreme law of the land.
The 1993 amendments to the Constitution of Malaysia were passed by the Malaysian parliament with the aim of removing legal immunity of the royalty. The changes, which saw the amendments of Articles 32, 38, 42, 63, 72 and 181 in the Constitution of Malaysia, were implemented in March 1993. Before the amendments were made, the Constitution granted rulers who have violated the law not to be prosecuted by the criminal court unless he voluntarily wishes to surrender his legal immunity.
Article 15 of the Constitution of the Republic of Singapore guarantees freedom of religion in Singapore. Specifically, Article 15(1) states: "Every person has the right to profess and practise his religion and to propagate it."
Public Prosecutor v. Taw Cheng Kong is a landmark case decided in 1998 by the Court of Appeal of Singapore which shaped the landscape of Singapore's constitutional law. The earlier High Court decision, Taw Cheng Kong v. Public Prosecutor, was the first instance in Singapore's history that a statutory provision was struck down as unconstitutional. The matter subsequently reached the Court of Appeal when the Public Prosecutor applied for a criminal reference for two questions to be considered. The questions were:
- whether section 37(1) of the Prevention of Corruption Act ("PCA") was ultra vires the powers of the legislature on the ground that the legislature had, under section 6(3) of the Republic of Singapore Independence Act 1965, been divested of the power to legislate extraterritorially; and
- whether section 37(1) of the PCA was discriminatory against Singapore citizens and hence inconsistent with Article 12(1) of the Constitution of the Republic of Singapore.
Procedural impropriety in Singapore administrative law is one of the three broad categories of judicial review, the other two being illegality and irrationality. A public authority commits procedural impropriety if it fails to properly observe either statutory procedural requirements, or common law rules of natural justice and fairness.
The Laws of the Constitution of Selangor 1959 is the fundamental law of the state of Selangor and establishes the state as a constitutional monarchy with the Sultan of Selangor as the Head of State. It came into force in April 1959 following the independence of Federation of Malaya in 1957.
Nik Elin Zurina bt Nik Abdul Rashid & Anor v. Kerajaan Negeri Kelantan, [2024] 2 MLJ 140 is a landmark decision of the Federal Court of Malaysia in which the court held that the Kelantan State Legislative Assembly did not have the power to enact 16 Sharia laws pertaining to criminal matters, which were deemed null, void and unconstitutional. The Federal Court followed its decision in Iki Putra Mubarrak v. Kerajaan Negeri Selangor & Anor, [2021] 2 MLJ 323, another case which laid out the emphasis of federalism and the division between state and federal powers, that the State Legislative Assembly can only make laws on matters enumerated in the State List of the Federal Constitution of Malaysia.