Government of Malaysia

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Federal Government of Malaysia
Kerajaan Persekutuan Malaysia
Coat of arms of Malaysia.svg
Formation16 September 1963;60 years ago (1963-09-16) [1]
Country Flag of Malaysia.svg Malaysia
Website www.malaysia.gov.my
Legislative branch
Legislature Parliament
Meeting place Houses of Parliament
Executive branch
Leader Prime Minister
Anwar Ibrahim
Appointer Yang di-Pertuan Agong
Ibrahim Iskandar of Johor
Headquarters Perdana Putra
Main organ Cabinet
Judicial branch
Court Federal Court
Seat Palace of Justice

The Government of Malaysia, officially the Federal Government of Malaysia (Malay : Kerajaan Persekutuan 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 comprising 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.

Contents

The federal government adopts the principle of separation of powers under Article 127 of the Federal Constitution of Malaysia, [2] and has three branches: the executive, legislature, and judiciary. [3] The state governments in Malaysia also have their respective executive and legislative bodies. The judicial system in Malaysia is a federalised court system operating uniformly throughout the country.

Federal government

The federal or central government is the ultimate authority in Malaysia and located in Putrajaya. It is headed by the Prime Minister of Malaysia who is also known as the head of government.

Legislature

The bicameral parliament consists of the lower house, the House of Representatives or Dewan Rakyat (literally the "Chamber of the People") and the upper house, the Senate or Dewan Negara (literally the "Chamber of the Nation"). [4] [5] All seventy Senate members sit for three-year terms (to a maximum of two terms); twenty-six are elected by the thirteen state assemblies, and forty-four are appointed by the King ( Yang di-Pertuan Agong ) based on the advice of the Prime Minister. [6] The 222 members of the Dewan Rakyat are elected from single-member districts by universal suffrage. The parliament follows a multi-party system and the governing body is elected through a first-past-the-post voting system. Parliament has a maximum mandate of five years by law. The Yang di-Pertuan Agong may dissolve parliament at any time and usually does so upon the advice of the Prime Minister.

Executive

While the Monarch is the head of state, real executive power is vested in the cabinet, led by the prime minister as the head of government; the Malaysian constitution stipulates that the prime minister must be a member of the lower house of parliament who, in the opinion of the Yang di-Pertuan Agong, commands a majority in parliament. [7] The cabinet is chosen from among members of both houses of Parliament and is responsible to that body. [8]

The Executive branch of the Government of Malaysia consists of the Prime Minister as the head of the government, followed by the various ministers of the Cabinet.

Judiciary

The highest court in the judicial system is the Federal Court, followed by the Court of Appeal, and two High Courts, one for Peninsular Malaysia, and one for East Malaysia. The subordinate courts in each of these jurisdictions include Sessions Courts, Magistrates' Courts, and Courts for Children. Malaysia also has a Special Court to hear cases brought by or against all Royalty.

Head of state

The Istana Negara, the residence and office of the Yang di-Pertuan Agong. Kuala Lumpur Malaysia-Istana Negara-Jalan-Duta-01.jpg
The Istana Negara, the residence and office of the Yang di-Pertuan Agong.

The Yang di-Pertuan Agong (lit.'He Who is Made Lord', [9] Jawi: يڠ دڤرتوان اݢوڠ), also known as the Supreme Head or the King, is the constitutional monarch and head of state of Malaysia. The office was established in 1957, when the Federation of Malaya (now Malaysia) 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. In accordance with Article 41 of the Constitution, the Yang di-Pertuan Agong is Commander-in-Chief of the Malaysian Armed Forces. As such, he is the highest-ranking officer in the military chain of command.

Head of government

Perdana Putra houses the office complex of the Prime Minister of Malaysia. Perdana Putra building 2005.jpg
Perdana Putra houses the office complex of the Prime Minister of Malaysia.

The Prime Minister of Malaysia (Malay: Perdana Menteri Malaysia) is the indirect head of government (executive) of Malaysia. The Prime Minister is appointed by the Yang di-Pertuan Agong, the head of state, who in His Majesty's judgment is likely to command the confidence of the majority of the members of that House of Representatives (Dewan Rakyat), the elected lower house of Parliament. The Prime Minister heads the Cabinet, whose members are appointed by the Yang di-Pertuan Agong, on the advice of the prime minister. The Prime Minister and his Cabinet shall be collectively responsible to Parliament. The Prime Minister's Department (sometimes referred to as the Prime Minister's Office) is the body and ministry in which the Prime Minister exercises their functions and powers.

State governments

Each state government in Malaysia is created by its respective state constitution. Each state has a unicameral state legislative chamber (Malay: Dewan Undangan Negeri) whose members are elected from single-member constituencies. State executive councils (abbr. EXCO) of states of Malaya, Cabinet of Sabah and Cabinet of Sarawak are led by Menteri Besar or Chief Ministers in states without hereditary rulers, [6] who are state assembly members from the majority party in the state legislative chamber. They advise their respective sultans or governors. In each of the states with a hereditary ruler, the Menteri Besar is required to be a Malay, appointed by the Sultan.

Local governments

The local government or local authority (Malay: kerajaan tempatan or pihak berkuasa tempatan (PBT)) is the lowest level in the system of government in Malaysia—after federal and state. It has the power to collect taxes (in the form of assessment tax), to create laws and rules (in the form of by-laws) and to grant licenses and permits for any trade in its area of jurisdiction, in addition to providing basic amenities, collecting and managing waste and garbage as well as planning and developing the area under its jurisdiction. Local authorities in Malaysia are generally under the exclusive purview of the state governments and headed by a civil servant with the title Yang Di-Pertua (President). Local government areas and the boundaries is usually consistent with district boundaries but there are some places where the boundaries are not consistent and may overlap with adjoining districts especially in urbanised areas.

Unlike the federal and state governments, the local governments in Malaysia are not elected but appointed by the state government after local council elections were suspended by the federal government in 1965.

Military, police and other governmental bodies

The Malaysian Armed Forces are the military body of Malaysia while the Royal Malaysia Police are in charge of law enforcement.

The law of Malaysia is mainly based on the common law legal system. This was a direct result of the colonisation of Malaya, Sarawak, and North Borneo by Britain between the early 19th century to 1960s. The supreme law of the land—the Constitution of Malaysia—sets out the legal framework and rights of Malaysian citizens. Federal laws enacted by the Parliament of Malaysia apply throughout the country. There are also state laws enacted by the State Legislative Assemblies which applies in the particular state. The constitution of Malaysia also provides for a unique dual justice system—the secular laws (criminal and civil) and sharia laws.

Articles 73 to 79 of the Federal Constitution specifies the subject in which the federal and state government may legislate. Parliament has the exclusive power to make laws over matters falling under the Federal List (such as citizenship, defence, internal security, civil and criminal law, finance, trade, commerce and industry, education, labour, and tourism) whereas each State, through its Legislative Assembly, has legislative power over matters under the State List (such as land, local government, Syariah law and Syariah courts, State holidays and State public works). Parliament and State legislatures share the power to make laws over matters under the Concurrent List (such as water supplies and housing) but Article 75 provides that in the event of conflict, Federal law will prevail over State law.

Elections

Elections in Malaysia exist at two levels: national level and state level. National level elections are those for membership in the Dewan Rakyat, the lower house of Parliament, while state level elections are for membership in the various State Legislative Assemblies. The head of the executive branch, the Prime Minister, is appointed among members of the winning coalition.

See also

Related Research Articles

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.

<span class="mw-page-title-main">Yang di-Pertuan Agong</span> Head of state and elective constitutional monarch of Malaysia

The Yang di-Pertuan Agong, also known as the Supreme Head of the Federation, the Paramount Ruler or simply the Agong, and officially known as the King of Malaysia, 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.

In Malaysia, the Yang di-Pertua Negeri is a constitutional title given to the head of state in states without a ruler, namely: Penang, Malacca, Sabah and Sarawak. This is in contrast to a Ruler which is a constitutional title given to states with hereditary monarchies, namely: the Sultans of Johor, Kedah, Kelantan, Pahang, Perak, Selangor and Terengganu; the Raja of Perlis: and the Yang di-Pertuan Besar of Negeri Sembilan.

<span class="mw-page-title-main">Prime Minister of Malaysia</span> Head of government of Malaysia

The Prime Minister of Malaysia is the head of government of Malaysia. The prime minister directs the executive branch of the federal government. The Yang di-Pertuan Agong appoints the prime minister as a member of Parliament (MP) who, in his opinion, is most likely to command the confidence of a majority of MPs. This person is usually the leader of the party winning the most seats in a general election.

<span class="mw-page-title-main">Parliament of Malaysia</span> National bicameral legislature of Malaysia

The Parliament of Malaysia is the national legislature of Malaysia, based on the Westminster system. The bicameral parliament consists of the Dewan Rakyat and the Dewan Negara. The Yang di-Pertuan Agong (King), as the head of state, is the third component of Parliament.

<span class="mw-page-title-main">Dewan Rakyat</span> Lower house of the Parliament of Malaysia

The Dewan Rakyat is the lower house of the bicameral Parliament, the federal legislature of Malaysia. The chamber and its powers are established by Article 44 of the Constitution of Malaysia. The Dewan Rakyat sits in the Houses of Parliament in Kuala Lumpur, along with the Dewan Negara, the upper house.

<span class="mw-page-title-main">Constitution of Malaysia</span> Federal Constitution of Malaysia

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.

<span class="mw-page-title-main">Dewan Negara</span> Upper house of the Parliament of Malaysia

The Dewan Negara is the upper house of the Parliament of Malaysia, consisting of 70 senators of whom 26 are elected by the state legislative assemblies, with two senators for each state, while the other 44 are appointed by the Yang di-Pertuan Agong (King), including four who are appointed to represent the federal territories.

<span class="mw-page-title-main">Election Commission of Malaysia</span> Malaysian government agency

The Election Commission of Malaysia, abbreviated SPR or EC, is a commission set up for ensuring fair and equitable operations in undertaking the elections in Malaysia. The agency falls under the purview of the Prime Minister's Department.

The Cabinet of Malaysia is the executive branch of the Government of Malaysia. Led by the Prime Minister, the cabinet is a council of ministers who are accountable collectively to the Parliament. According to the Article 43 of the Federal Constitution, members of the Cabinet can only be selected from members of either houses of Parliament. Formally, the Yang di-Pertuan Agong appoints all Ministers on the advice of the Prime Minister. The constitution is amended by repealing the Clause (8) of Article 43, enabling a person who is a member of State Legislative Assembly to continue to serve even while serving as a minister or deputy minister in the cabinet. Ministers other than the Prime Minister shall hold office during the pleasure of the Yang di-Pertuan Agong, unless the appointment of any Minister shall have been revoked by the Yang di-Pertuan Agong on the advice of the Prime Minister but any Minister may resign from office. In practice, the Yang di-Pertuan Agong is obliged to follow the advice of the Prime Minister on the appointment and dismissal of ministers.

<span class="mw-page-title-main">Outline of Malaysia</span> Overview of and topical guide to Malaysia

The following outline is provided as an overview of and topical guide to Malaysia:

<span class="mw-page-title-main">Monarchies of Malaysia</span> Constitutional monarchy

The monarchies of Malaysia refer to the constitutional monarchy system as practised in Malaysia. The political system of Malaysia is based on the Westminster parliamentary system in combination with features of a federation.

The state governments in Malaysia are the governments ruling the 13 states in the federation of Malaysia. All 13 states adopts the Westminster Parliamentary system and each has a unicameral state legislative assembly. Each of the States of Malaya is run by an EXCO, while Sabah and Sarawak have their respective Cabinet and Ministry. The state government structure in all 13 states is similar to the government system of the federal government of Malaysia and that the state legislatures consist of only a single chamber.

<span class="mw-page-title-main">Malaysia Bill</span> International treaty

The Malaysia Bill is an annex of the Agreement relating to Malaysia between United Kingdom of Great Britain and Northern Ireland, Federation of Malaya, North Borneo, Sarawak and Singapore. It gave effect to the Agreement where that the British colonies of North Borneo, Sarawak and the State of Singapore should be federated with the existing States of the Federation of Malaya and the name of the federation should be Malaysia, and the Federal constitution wherewith to amend and adopt the Constitution of the Federation of Malaya so as to provide for the admission of those States. it adopted its present name, the name of the Constitution of the Federation of Malaya should be changed into Constitution of Malaysia.

<span class="mw-page-title-main">Second Mahathir cabinet</span>

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In Malaysian political and constitutional terminology, a caretaker government is a government of Malaysia during a period that starts when the parliament is dissolved by the Yang di-Pertuan Agong prior to a general election, and continues for a period after the election, until the next cabinet is appointed. A caretaker government is expected to conduct itself in accordance with a series of well-defined conventions that are administered by the Prime Minister's Department, although there is no law compelling the caretaker government to do so.

<span class="mw-page-title-main">2020–2022 Malaysian political crisis</span> Political crisis in Malaysia

The 2020–2022 Malaysian political crisis was triggered after several Members of Parliament (MPs) of the 14th Malaysian Parliament changed party support, leading to the loss of a parliamentary majority, the collapse of two successive coalition governments, and the resignation of two Prime Ministers. The political crisis culminated in a 2022 snap general election and eventual formation of a coalition government.

<span class="mw-page-title-main">Muhyiddin cabinet</span>

The Muhyiddin cabinet was formed on 10 March 2020, nine days after Muhyiddin Yassin was appointed as the 8th Prime Minister of Malaysia and dissolved 17 months and 6 days later on 16 August 2021, the day when Muhyiddin submitted his resignations as PM and of this cabinet. It was the 21st cabinet of Malaysia formed since independence. This cabinet was also known as the Perikatan Nasional Cabinet (PN-Cabinet) which combined 15 political parties from the Perikatan Nasional (PN) component parties, with Barisan Nasional (BN) component parties, Gabungan Parti Sarawak (GPS) component parties and United Sabah Party (PBS) as allied partners providing confidence and supply.

References

  1. "Formation of Malaysia 16 September 1963". National Archives of Malaysia . Retrieved 28 August 2018.
  2. Jeong Chun Hai @ Ibrahim, & Nor Fadzlina Nawi. (2012). Principles of Public Administration: Malaysian Perspectives. Kuala Lumpur: Pearson Publishers. ISBN   978-967-349-233-6
  3. "About the Malaysian Government". Government of Malaysia. 28 August 2018. Archived from the original on 22 June 2015.
  4. Constitution of Malaysia:Article 44
  5. Constitution of Malaysia:Article 45
  6. 1 2 "Malaysia". State.gov. 14 July 2010. Retrieved 14 September 2010.
  7. Constitution of Malaysia:Article 43-2
  8. Constitution of Malaysia:Article 43-1
  9. "Malaysia king: Sultan Muhammad V sworn in". BBC . 13 December 2016.