1. GOVERNMENT
STRUCTURE

2. The Malaysian Government system
Malaysia practices a system of parliamentary democracy and is ruled with a Constitutional Monarch
Yang Dipertuan Agong as the head of the country
Federal constitution of Malaysia significantly divides the authority of the Federation into legislative Authority, Judicial Authority and Executive Authority

3. 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 di-Pertuan Agong (King or Supreme Sovereign) as the head of the country

4. 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

5. Government Structure

6. The Yang Di-Pertuan Agong
The supreme head of Malaysia
He is elected by the Council of Rulers for a term of 5 years or when those post fall vacant.
Selected by rotation from among the Malaysia rulers if the nine states in the Federation.
According to the Constitution, YDPA is above everyone in Malaysia and cannot be convicted in any trial nor in whatever court, for any official duty as the chief executive. But he can be convicted in special court.

7. The ruler is unqualified to be YDPA if:
i- he is still teenager
ii- he decided he does not want to be chosen though it is his turn to be King.
iii- mental or health problem.
iv- if the council with ballot support of at least 5 members are convinced that he is unfit to be King.

8. There are a number of things that YDPA cannot do:
a- he is not allowed to continue with his duties as the ruler of his state.
b- he is not allowed to hold any salaried position.
c- he cannot do business
d- he cannot receive any emolument
e- he cannot leave the Federation for more than 15 days at any one time without approval from council of rules except on official national matters

9. 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- Has the right to dissolve or resolve the Parliament at his own will, even against the advice of the Prime Minister
c - call for a meeting for a conference of rulers

10. 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- Appointment of Federal Judges
d- Act as the Head of Religion for States without Sultan and on both Federal Territories of Kuala Lumpur and Labuan
e- Power to pardon or suspend punishment by martial court or courts within the Federal Territories.
f- He has a power to appoint certain members of the Dewan Negara(senate)

11. 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.

12. 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.

13. 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

14. commissions such as Public Service comm, the Election Comm, Education comm and country’s 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.

15. Present - Menteri Besar/Chief Minister
Activity- Discuss working papers in the
conference agenda on state government
policies and then decide on advice to be
conveyed to the ruler or YDPN concerned
FIRST DAY
SECOND
DAY
Present- Rulers, YDP, Menteri Besar,CM
Activity- Discuss and decide on views and
feelings of the Council towards Federal
Government policies
THIRD
DAY
Present- YDPA, YDP, PM,Menteri Besar,CM
Activity- PM gives detailed report on
Federal Government Policies and Council
makes decision on them

16. 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

17. 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
Riverine fishing
Drainage & venery
Finance
Library,Musuems
Housing
Commerce & industry
Culture & sport
Shipping
Commuincation & transportation

18. Education
Health
Labour
Fishery
Tourism

19. The Executive Authority
Power to govern the country
Authority power is vested in the Yang di-Pertuan 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.

20. 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

21. Judicial Authority Has authority
i-to hear and determine criminal matters
ii- to interpret law
iii- to proclaim a written Federal and State law in valid
iv- To declare a government action is invalid in the eyes of law
Head of the Judiciary is the Lord President of the Federal Court. the authority vested in the Superior and Subordinate Courts

22. 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 Penghulu’s Court, Magistrate’s Court and Sessions Court

23. East Malaysia, based on an amendment made in 1981 to the Subordinate Court Act 1948, the Subordinate Courts comprise the Court, Magistrate’s, 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.

24. The Superior Courts & Subordinate 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

25. A) CIVIL 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, and other civil claims where the amount in dispute exceeds RM250,000.00
B) CRIMINAL JURISDICTION 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.
C) APPELLATE JURISDICTION The High Court may hear appeals from the Magistrates and Sessions Courts in both civil and criminal matters.

26. Session Court
CIVIL JURISDICTION A Sessions Court may hear any civil matter involving motor vehicle accidents, disputes between landlord and tenant, and distress actions. The Sessions Court may also hear other matters where the amount in dispute does not exceed RM250,
(B) CRIMINAL JURISDICTION A Sessions Court has jurisdiction to try all criminal offenses EXCEPT those punishable by death.

27. The Magistrates Court
The Magistrates Courts deal with the vast majority of cases, both civil and criminal, and sit in almost all major towns in Malaysia
(A) CIVIL JURISDICTION A Magistrates Court may hear a civil case when the amount in dispute does not exceed 25, Where the amount claimed does not exceed RM5, you may wish to file your claim in the "small claims" division of the Magistrates Court. If you do so however, you must be prepared to conduct the case yourself, as legal representation is not permitted.
B) CRIMINAL JURISDICTION A Magistrates Court may hear criminal matters of the following nature:-
where the offense is punishable by a fine only - this would cover the majority of traffic offenses.
where the offense provides for a term of imprisonment not exceeding ten years. A Magistrate may not, however, impose a term of imprisonment exceeding five years.

28. 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 di-Pertuan 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 di-Pertuan Agong or the Ruler of a State, notwithstanding where the cause of action arose

29. State Structure SULTAN State Executive council
State legislative Assembly
Shariah Court

30. STATE 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

31. 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.

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

33. State list Concurent list Muslim law Social welfare Land Scholarship
Agriculture & Forestry
Protection of wildlife
Local government
Town & country planning
Riverine fishing
Drainage & venery
Library,Musuems
Housing
Local government
Culture & sport