CHAPTER 3

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POWER OF THE GOVERNMENT

Objectives of the Chapter
-   -   to know the main components in Malaysian government system to know the position, power and responsibility of Executive, Legislative and Judiciary to understand the concept of federalism and the power belong to Federal and State government to understand the structure of government to know the government administration machinery and its managing agency 

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Structures of Malaysian Government 3
YDP AGONG Conference of Rulers

LEGISLATIVE PARLIAMENT

EXECUTIVE CABINET

JUDICIAL SUPREME COURT High Court West M’Sia High Court Sabah & Srwk

Senate

House of Representative MINISTERY AUDITOR GENERAL

COMMISSIONERS -Election -Judicial and Laws Service -Police -Public Service -Education Service

The Malaysian Constitution

Introduction

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Legislative SEPARATION OF POWERS 5 • • Executive. The objective of separation of powers is to ensure a just and fair government • . Legislative and Judiciary are three main bodies of power of the Malaysian Federal Government. Theoretically nobody in the government should have absolute power.The Roles and Powers of Executive. but practically the Executive seemed to assume more than the rests.

FEDERATION 6 YDPA and his Consort – Supreme Head of the Federation Elected by Conference of Rulers 5 year term .

CONFERENCE OF RULERS 7 Majlis Raja-Raja Functions Electing YDPA and Timbalan YDPA  Agreeing or disagreeing on religious matter. suspending or commuting sentences  . observances or ceremonies to the Federation  Consenting or withholding consent to any law  Appointing members of the special Court  Granting pardons. reprieves and respites. or of remitting.

LEGISLATIVE 8 Federal – legislative power is vested in a bicameral Parliament.   Headed by YDPA Comprises of Dewan Negara (Senate) and Dewan Rakyat (House of Representative) State – legislative power is vested in a unicameral legislature  State Legislative Assembly .

LEGISLATIVE AUTHORITY 9 Power to make new law Power to amend existing law Power to levy taxes Power to change existing taxes Power to sanction expenditure .

provision of constitution. treaty between federation and other country  Promoting of uniformity of law of two or more states  Requested by state assembly .e.LEGISLATIVE AUTHORITY 10 Making the law subject to limitation i. Only in the area of Jurisdiction (federal list and concurrent list) Law on the 2nd list prohibited unless  Agreement.

LEGISLATIVE AUTHORITY 11 Legislative procedure Any members may introduce a bill  Originated from Dewan Rakyat (could be originated form Dewan Negara)  Normally introduced by Minister.  Procedure   Drafting bill  First reading  Second Reading  House committee  Third Reading. .

and four other unofficial members to discuss matters pertaining to the administration of federated Malay States  1927 – 4 Malays rulers ceased to be member  1948 – Federal legislative Council formed  Members from all states  1955 first election  1969 First election after Malaysia  Govened by 22 articles in FC (44 – 65) . British resident general. the British officers.12  Serves as the forum for criticism and the focus of public opinion on national affairs  First formed 1909 under federated Malay state  Serve as forum in which four Malay Ruler.

passes federal laws. As the legislative authority for the Federation. • • . The roles .13 • • Parliament is bicameral consists of the Senate or Dewan Negara and the House of Representatives or Dewan Rakyat. approves the government’s expenditures and approves new taxes. Has greater/significant effect on governmental financial management (accounting). examines the government’s policies. Parliament has capacity to make laws applicable to the Federation and wields a considerable and far-reaching influence on the life of the Federation. makes amendments to existing laws. The control over the activities of the Federal is done through annual budget. Total government expenditure and the appropriations of expenditure for particular purpose should be approved each by the Parliament.

 3 year term and can be extended for another term. including two members from the Federal Territory of Kuala Lumpur.  Upper chamber  Not affected by the dissolution of Parliament  Headed by president and assisted by 2 deputy president . 44 members appointed by His Majesty the Yang Di-Pertuan Agong on the advice of the Prime Minister. The membership of the Senate is made up of two categories:  26 members elected by the State Legislative Assembly to represent 13 states (each state represented by two members). and one member each from the Federal Territory of Labuan and PutraJaya.DEWAN NEGARA / SENATE 14  Elected and appointed members   The Dewan Negara (Senate) consists of 70 members.

DEWAN RAKYAT 15 Fully elected representative 5 year term Lower chamber Dissolved every 5 year for general election Held within 60 days from the date of dissolution Dewan Rakyat has 219 elected members (refer to web site) .

DEWAN RAKYAT 16 Headed by speaker (Yang dipertua) and elected on the first sitting of Parliament Elected from members of the house or other person qualified Prohibited from holding any office of profit. Assisted by 2 deputies Speaker Elected among members of same house .

PAC 17  Public Accounts The Committee is made up of a Chairman and a Vice-Chairman who are elected by the Council.  Not fewer than six and not more than 12 members are elected by the Selection Committee at the earliest possible time after the beginning of each Parliament.  The National Accounting Committee is elected at the beginnning of each Parliament to check:     Government’s accounting and fund allocation approved by the Parliament as having met the state expenditure. Any other matters that the Committee thinks should be checked. National accounting statements tabled in the Proceeding Council as per article 107 of the Constitution. Any accounting of national administrative bodies and other associations that handle state fund tabled in council. or other matters handed by this Council .

executive authority vested in the YDPA but exercisable by him or by the Cabinet or any Minister authorised by the Cabinet YDPA head of executive authority .EXECUTIVE AUTHORITY 18 Covered by 5 main articles of FC (39 – 43) Power to govern Power to formulate policies Art 39 FC.

39 – Executive authority on YDPA 40(1) – King act upon advice of cabinet 40(2) – Discretionary power to electPM 43 – Power to appoint the Cabinet Head of Government •Prime Minister •Appointed by the King after general election •Member of Dewan Raayat (lower House) •Head of Cabinet Full minister only Appointed by King Members of either house Function to advice King Cabinets .Executive organisation 19 YDPA Art. Art. Art. Art.

Members of Administration 20 Prime minister Deputy Prime minister Minister Deputy minister Parliament Secretary Political Secretary .

PRIME MINISTER 21 Head executive of the government Responsible to YDPA (advisor) Appointed from the leader of a party that has a majority in the Dewan Rakyat Advice YDPA on the appointment of Ministers .

PRIME MINISTER’S MAIN FUNCTIONS 22 To preside over the Cabinet To coordinate policies and efforts of various portfolios in the government Advise YDPA on the appointment of the Judges. Auditor General and certain important post .

PRIME MINISTER’S OTHER FUNCTIONS 23 Nominate candidates to Dewan Negara Nominate political secretary Nominate individual to hold any post to government- owned / controlled company and agencies Chief administrator to the government .

DEPUTY PRIME MINISTER 24 Is a conventional one Not established under the Constitution or any written law But enjoys a high measure of confidence within the Cabinet and party .

(moral duty to defend the decision made)  Proposers of Government legislation  Meeting held every Wednesday .CABINET 25  Cabinet of Ministers  Appointed by YDPA  Headed by PM  Collectively responsible to Parliament    Decision by cabinet deemed to have agreed by all Member/s disagreed morally bound to tender resignation Member/s disagreed bound to the decision made.

Executing the law that passed by the Parliament.JUDICIAL BRANCH 26 Third arm of government structure. Power to determine disputes on legal rights and liabilities . Uphold justice and equality for all.

JUDICIAL BRANCH 27 Historical background   Sultanate of Melaka (unwritten law) Malaya State and British colonial.  Penang – During Francis Light (1st magistrate in Penang in 1801). 1807 – established of supreme court  Foreign judge until post 2nd WW .

STRUCTURE OF THE MALAYSIAN JUDICIARY 28 Federal Court Appeal Court S u p er io r c o u rt High Court of Malaya High Court of Sabah & Ser Session Court Magistrate / Juv Court Sessions Court S u b . c o u r t Penghulu Court Magistrate / Juv Court .

malaysianmonarchy.my/portal_bi/rk2/rk2a.my/ http://www.kehakiman.php?id=rk2_5&titleBI=Judicial %20Functions .gov.my/html/judiciary_members.org.kehakiman.gov.STRUCTURE OF THE MALAYSIAN JUDICIARY 29 http://www.shtml http://www.

The Head of Judiciary 30 Chief Justice  Represent entire judiciary system  Not answer to any other branch of government  Still deal with PM  Appointed according FC from most senior and respected judge  Citizen  10 year appeared before any court of Malaysia Appointed by YDPA on advice from PM  Can’t be removed except term provided by FC (such as breach code of ethic of Judge)  .

Function of Chief Justice 31 Appointment of Chairman of Land Tribunal Advice the king in appointment of additional judges of Federal court. . Advise PM on appointment of Judicial commissioners Special court.

judicial power of the Federation is vested in the High Court Empowered to hear and determine civil and criminal matters To pronounce on the legality of any legislative or executive acts To interpret the Federal and State Constitutions Must be independent in exercising judicial functions .JUDICIAL AUTHORITY 32 Art 121(1) FC.

RELATIONSHIP BETWEEN FEDERAL & STATE 33 LEGISLATIVE RELATIONSHIP   Art 74 FC – power to make law Art 75 FC – concurrent list  Federal law will prevail the state law for any inconsistency  Art 76 FC – prohibition for federation to make law for state .

Federal law will prevail over State law in the event of any inconsistencies. Residual Legislative Power of State (Art.79) Parliament may make law in respect of matters in the Federal List and the Concurrent List A State Legislature may make law in respect of matters in the State List and the Concurrent List and any remaining matters not set out in any of the three lists.The Malaysian Constitution PART VI – RELATIONS BETWEEN THE FEDERATION AND THE STATES Legislative Powers • • • (Art. 74 . 77) Federal List (Parliame nt only) Concurren t List (Both) State List (State Legislatur e only) The State legislatures have the power to make laws on matters not set out in any of the three lists 34 .

State and Concurrent legislative lists 35 .The Malaysian Constitution FEDERATION AND THE STATES PART VI – RELATIONS BETWEEN THE Selected extracts from the Federal.

 EXECUTIVE RELATIONSHIP   Art 80 FC Art 80(2): prohibition of federal to involve with state administration except for the following purposes:    Conducting enquiries. providing education. the provision and maintenance of experimental & demonstration stations. publicity and demonstration for the inhabitants Inspection of state activities To ensure compliance with any federal law applying to the state Not to impede or prejudice the exercise of the executive authority of the federation  Art 81: obligation of states towards federation :   36 . surveys and collection of statistics related to state matters Assisting the states in conducting research. the giving of advice and technical assistance.

fees and other sources of revenue levied or raised within the states Art 110(3) FC – each state shall receive 10% or such greater amount of the export duty on tin produced in the state Art 110(3A) FC – a proportion of the export duty on minerals (other than tin) produced in the state shall be allocated to the state Part III of the Tenth Schedule of the FC 37 . FINANCIAL RELATIONSHIP  Federal & State revenues      Art 109 FC – Grant to the states (Capitation & state road grant) Art 110(1) FC – The States shall receive all proceeds from taxes.

 Fees in court other than federal courts. electrical installations and registration of business. local councils and similar local authorities which have power under written law to retain their revenues and control the spending thereof.  Revenue from lands. town councils.  Entertainment duty. Revenue from toddy shops. 38 . l (b) those town boards.  Revenue of town boards. local councils and similar local authorities other than municipalities established under any Municipal Ordinance. rural boards.  Revenue from licences other than those connected with mechanically propelled vehicles. town councils.  Fees and receipts in respect of specific services rendered by departments of State Governments. rural boards. mines and forests.

 Treasure trove. including water rates.  Receipts from land sales and sales of State property.  Interest on State balances.  Fines and forfeitures in courts other than federal courts. Receipts in respect of water supplies.  Rents on State property. 39 . Fitrah and Baitumal and similar Islamic religious revenue.  Zakat.

(d) for the remainder at the rate of RM11. (b) for the next 500.000 persons at the rate of RM72per person.20 per person. (c) for the next 500.Art 109 – Grant to the states  Capitation Grant       The capitation grant payable to each State in respect of a financial year shall be at the following rates: (a) for the first 100. and shall be based on the annual population projection of the State as determined by the Federal Government and calculated as the last population census 40 .80 per person.000 person at the rate of RM10.000 persons at the rate of RM10.40 per person.

Art 109 – Grant to the states  state road grant    The State road grant payable to each of the States of Malaya in respect of a financial year shall be calculated by multiplying (a) The average cost to a State of maintaining a mile of State or at the minimum standard determined for State roads in those States by the Federal Government after consultation with the National Federal Council. by (b) so much of the mileage of State roads in the State as qualifies for grant.  41 .

Art 109 – Grant to the states  State Reserve Fund    Given to the states applying for the grant To assist state govt that have deficits in their current accounts or for development purposes Provided based on the economic development. infrastructure and well being of the respective states  Revenue Growth Grant (Revenue Growth Grant Act 1980)  Given to the state whenever there is a growth of an increase by more than 10% of the revenue of the Federation in any financial year compared to the preceding financial year 42 .

 FINANCIAL RELATIONSHIP  Expenditure & Financial Commitments  Both the federal and state are required to cover their own expenditure all pensions. compensation for loss of office and gratuities for which the Federation is liable. and any moneys required to satisfy any judgment. all debt charges for which the Federation is liable. decision or award against the Federation by any court or tribunal.  Charged expenditure     43 .

Federation may finance some of the state development expenditure on a reimbursable basis  Development expenditure  44 . to be known as a Supply Bill. shall be included in a Bill. providing for the issue from the Consolidated Fund of the sums necessary to meet that expenditure and the appropriation of those sums for the purposes specified therein. FINANCIAL RELATIONSHIP  Supply expenditure  The expenditure to be met from the Consolidated Fund but not charged thereon. other than expenditure to be met by such sums as are mentioned in Clause (3) of Article 99.

The Malaysian Constitution PART VI – RELATIONS BETWEEN THE FEDERATION AND THE STATES • by the Federation. if the expenditure results either from federal commitments or from State commitments undertaken in accordance with federal policy and with the specific approval of the Federal Government • by the State or States concerned. if the expenditure results from State commitments undertaken by the State or States on its or their own authority. 45 .

or For a period not exceeding 5 years from an approved bank/ financial institutions  State should not borrow except    46 . FINANCIAL RELATIONSHIP  Borrowing powers  Art 111 – restriction of borrowing power   The Federation are prohibited from borrowing except under the authority of federal law The state are prohibited from borrowing except under the state law From the Federation.

 Briefly describe the history of Separation of Powers  Select any one country. 47 . Explain the differences on separation of powers between Malaysia and the selected country.

Cabinet members are members of Dewan Rakyat. Role as a Prime Minister  Define Malaysian Cabinet of Ministers  Part of the executive is in the legislative. Discuss  Briefly describe the independence of judiciary 48 .

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