THE

GOVERNMENT
STRUCTURE AND
SYSTEM

INTRODUCTION
Practices parliamentary democracy and is
ruled as a constitutional Monarchy with
Yang di Pertuan Agong as the head of the
country.
The federal Constitution of Malaysia
divides the authority of the federation into
its Legislative authority,Judicial authority
and Executive authority

The Malaysian Government

follows the Constitution of
the Federation of Malaya
which was promulgated on
Merdeka day, August 31,
1957 (revised in 1963) in
setting up its
administrative and policy
making decisions
Under the constitution,
Malaysia as a federation is
ruled as a Constitutional
Monarchy with the
appointment of the Yang diPertuan Agong (King or
Supreme Sovereign) as the
head of the country

 State level, each of the

nine states of Perlis,
Kedah, Perak, Selangor,
Negeri Sembilan, Johor,
Pahang, Terengganu
and Kelantan is ruled by
its own Sultan
Melaka, Pulau Pinang,
Sabah and Sarawak the
Yang di-Pertuan Negeri
(Governor of State) is
the head of State

Government structure
Y a n g D i p e rtu a n A g o n g

E x e c u t iv e A u t h o r it y

L e g is la t iv e A u t h o r it y

J u d ic ia l A u t h o r it y

P r im e M in is t e r

S e n a te
H o u s e o f R e p r e s e n ta t iv e

C h ie f
Judge

M in is t e r s
G o ve rn m e n t
m in is t r ie s

c it iz e n

C o u rts

G o ve rn m e n t
d e p a rtm e n ts

YANG DIPERTUAN AGONG

The supreme head of Malaysia
He is elected by the conference of
rulers for a term of 5 years or when
those post fall vacant.
Must be one of the nine rulers.

THE RIGHTS AND ROLE

OF YDPA

1- Executive authority
- Even every act flows from his authority
but YDPA must act in accordance with
the advice of cabinet.
However some situation he may act in
his personal discretion:
a- The appointment of PM
b- The withholding of consent to a
request for a dissolution of Parliament.

 c - call for a meeting for a conference of rulers.

3 important functions vested in the YDPA but
exercise on advice.
a- He is the supreme commander of armed
forces but this role is purely ceremonial.
b- He has power to grant pardons, reprieves
and respites in respect of all criminal offences
committed in the federal territories and all
offences trialable by the Syariah courts in
Penang,Melaka,Sabah and Sarawak.

 c- He has the power to appoint certain

members of the Dewan Negara(senate)
2- Legislative power
He has 30 days to assented the bill passed
by Parliament otherwise on expiry of the
30 days period, it becomes law.
3- The prerogative
- The only prerogative which exist are
those which are traditional aspects of the
rulers power (included Agong) such as the
power to award honours and other
ceremonial powers.

COUNCIL OF RULERS

The council is represented by Rulers

and Governors.
It has 2 important roles:
1- to safeguard the interests and
status of Malay rulers:
a- selection of the YDPA and the
Deputy YDPA
b- Approves or disapproves any act,
practice or religious ceremony
(Islam) that involves the Federation
as a whole.

 2- Administration affairs of the country.

a- Approves or disapproves any law and gives
advice on whatever appointment that, under the
Constitution, requires the approval of, or
consultations with the Council of Rulers.
b- Appoints members of the Special Courts
Grants pardon, postpones or commutes
sentences under Section (1) Art. 182.
c- deliberate matters pertaining to national
policies and all other matters deemed
necessary.
D- appointment of officers such as judges, the
chairman, deputy chairman and members of

 commissions such as Public Service

comm, the Election Comm, Education
comm and countrys Chief Auditor- the
council must be informed in advance
of the appointments of the posts
Conference of rulers is held 3 or 4
times a year and each conference
lasts 3 days.
It may be regarded as a forum for
closed discussion among Rulers, the
Federal and State government and for
decision making in the interest of the
nation.

The Legislative
Authority
Power to create the laws governing the country .
Headed by the Yang di-Pertuan Agong, the Parliament
consisted of two separate bodies; the Dewan Negara
(Senate) and the Dewan Rakyat (House of
Representative).
makes law which is applicable to the country as a
whole ,have the authority to control government
expenditure ,serves as a forum for criticism and the
focus of public opinion
Ninth Schedule of federal constitution also states that
legislative power is to be shared between the
Federal Government, State Government which
systematically distributes it in a Federal list ,State
List and Concurent list

The separation of power at federal, state &

concurrent levels
Federal list

State list

Concurent list

External Affair

Muslim law

Social welfare

Defense

Land

Scholarship

Internal security

Agriculture &
Forestry

Protection of wildlife

Civil & criminal law

Local government

Town & country

planning

Citizenship

Revering fishing

Drainage & venery

Finance

Library,Musuems

Housing

Commerce &
industry

Local government

Culture & sport

Shipping
Commuincation &

Education
Health
Labors
Fishery

Tourism

The Executive
Authority

Power to govern the country

Authority power is vested in the Yang diPertuan Agong
The body which exercise this power is the
Cabinet; a group of Minister headed by
the Prime Minister
Each Minister must be approved by the
King.
Prime Minister and the Cabinet primarily
regulates policy for domestic and foreign
affairs.

Prime Minister
Holds the Chief Executive title in Governing
the country
Won the majority seat in the Dewan Rakyat
Main duty to preside over the Cabinet and to
supervise the various portfolios in the
Government.
acts as advisor to the King on his duty such
as the appointment and termination of Federal
Judges, the filling and firing of senior
executive in Civil Services and the passing of
bills

Judicial Authority
The Judiciary or the area of justice
lies with the courts.
The status of the Judiciary is also
clearly embodied in the Federal
Constitution (Article 121 (1)).
Head of the Judiciary is the Lord
President of the Federal Court. the
authority vested in the Superior and
Subordinate Courts

 According to Tun Mohamed Suffian, the

courts have four big areas of jurisdiction:
1. The power to interpret the Constitution
2. The power to interpret law
3. The power to proclaim a written Federal
or State law invalid.
4. The power to declare a government
action as invalid in the eyes of the law.

 Superior Courts comprise the Federal

Court, Court of Appeal, the High Court
of Malaya and High Courts of Sabah
and Sarawak.
In Peninsular Malaysia, Subordinate
Courts are established under the
Subordinate Court Act 1948, and
comprise the Penghulus Court,
Magistrates Court and Sessions Court

 East Malaysia, based on an amendment made

in 1981 to the Subordinate Court Act 1948, the
Subordinate Courts comprise the Court,
Magistrates, Native Court and Sessions Court.
Chief Justice is appointed by His Majesty the
Yang di-Pertuan Agong on the advice of the
Prime Minister after consulting the Conference
of Rulers and the appointment is applied to all
courts
Federal Court of Malaysia is the highest
judicial authority and the final court of appeal
in Malaysia.

The Superior Courts

Superior Courts

(a) The Federal Court

The Federal Court hears
appeals from the Court of
Appeal.
|

(b) The Court of Appeal

The Court of Appeal hears
appeals from the High Court
relating to both civil and
criminal matters.
|

(c) The High Court

A) CIVIL
JURISDICTION

B) CRIMINAL
JURISDICTION

C) APPELLATE
JURISDICTION

The High Court has

jurisdiction to try all
civil matters but
generally confines
itself to matters on
which the Magistrates
and Sessions Courts
have no jurisdiction.
These include matters
relating to divorce and
matrimonial cases,
appointment of
guardians of infants,
the granting of probate
of wills and testaments
and letters of
administration of the
estate of deceased
persons, bankruptcy,

The High Court may

hear all matters but
generally confines itself
to offenses on which
the Magistrates and
Sessions Courts have no
jurisdiction, for
instance, offenses
which carry the death
penalty.

The High Court may hear

appeals from the
Magistrates and Sessions
Courts in both civil and
criminal matters.

SPECIAL COURTS
Was established on March 30, 1993 vide Act A848, now
provided for in Article 182 of the Federal Constitution .
states that "any preceding by or against the Yang diPertuan Agong or the Ruler of a State in his personal
capacity shall be brought in a Special Court established
under clause (1) of Article 182
chaired by the Chief Justice of the Federal Court and he
shall be assisted by four other members, namely the two
Chief Judges of the respective High Courts and two other
persons appointed by the Conference of Rulers who hold
or have held office as a judge.
has exclusive jurisdiction to try all offenses committed in
the Federation by the Yang di-Pertuan Agong or the Ruler
of a State and all civil cases by or against the Yang diPertuan Agong or the Ruler of a State, notwithstanding
where the cause of action arose

State Structure
Sultan
State Advisory Council
(EXCO
)

State Legislative Council

STATE FEDERATION
Sultan or Yang di-Pertua Negeri is
the head of state
He has the prerogatives to
summon and dissolve the
Assembly upon the advice of the
Chief Minister
He delivers a State Address at the
official opening of each new
session of the Dewan

 Yang di-Pertua Negeri has to

assent to all Bills passed by the
Dewan before they become laws
He has power to grand pardons,
reprieves and respites in respect
of all other offences committed in
his State.

 Function of State advisory council

(EXCO) is the same as Cabinet at
federal.
Lead by Menteri Besar or Chief
Minister who appointed by sultan/ YDP
Give advise to the Sultan about state
administration
State List comprises matters such as
land, agriculture, forestry, local
government, reverie fishing, Muslim
law, etc

State list

Concurrent list

Muslim law

Social welfare

Land

Scholarship

Agriculture & Forestry

Protection of wildlife

Local government

Town & country planning

Riverine fishing

Drainage & venery

Library, Museum

Housing

Local government

Culture & sport

References

Hasnah Hussiin, Mardiana Nordin,

Pengajian Malaysia, Fajar Bakti,
Sdn. Bhd., Kuala Lumpur, 2000.
INTAN, Malaysia Kita, INTAN,
Kuala Lumpur, 1999.
http://www.kehakiman.gov.my/
http://www1.mmu.edu.my/~husni/in
dex2.html
.