1. legislative – EXECUTIVE RELATIONS
MALAYSIA
legislative – EXECUTIVE RELATIONS
LEGISLATIVE CONTROL OF EXECUTIVE ACTIVITIES
18 November 2015

2. CONTENTS 1. Introduction.
2. Relationship Between the Executive and Legislative
3. Legislative Control on Executives Activities
4. Closing Remarks

3. INTRODUCTION
Malaysia – Federation of 14 states (Article 1 of the Federal Constitution)
Kuala Lumpur is the capital city of Malaysia
Malaysia practices parliamentary democracy with constitutional monarchy in which the King is the Head of State

4. BRANCHES OF GOVERNMENT
HEAD OF STATE
Yang di-Pertuan Agong
FEDERAL CONSTITUTION
EXECUTIVE
Authorizes and responsible for the daily administration of the State;
Enforces the laws into action.
JUDICIARY
Courts interpret and make judgments on law.
LEGISLATIVE
Parliament makes and changes the laws.

5. Legislative
Parliament and State Legislative Assembly with functions to debate, enact, amend laws and financial related issues of the country. General elections are held every five years. Article 44 The legislative authority of the Federation shall be vested in a Parliament, which shall consist of the Yang di-Pertuan Agong and two Majilis (Houses of Parliament) to be known as the Dewan Negara (Senate) and the Dewan Rakyat (House of Representatives).

6. Executive
Headed by the Prime Minister and cabinet EXCO with functions to execute government policies that have been agreed upon in Parliament and State Legislative Assembly.
Article 39
The executive authority of the Federation shall be vested in the Yang di-Pertuan Agong and exercisable,…by him or by the Cabinet or any Minister authorized by the Cabinet, but Parliament may by law confer executive functions on other persons.

7. Judiciary
Courts and Judges function to solve arising disputes, including any law made by the Parliament …..
Article 128 (1) states that the federal court shall ..have jurisdiction on any question whether a law made by Parliament …is invalid…
Article 122B states that the Judges shall be appointed by the Head of State acting on the Advice of the Prime Minister after consulting the Conference of Rulers.

8. Constitution of Parliament
Yang di-Pertuan Agong
Bicameral System consists of :
DEWAN RAKYAT or
HOUSE OF REPRESENTATIVES
222 MPs elected
DEWAN NEGARA or SENATE
70 Senators appointed

9. CONSTITUTIONAL BASIS OF PARLIAMENT’S LEGISLATIVE AUTHORITY
Article 66 (1):
The power of Parliament to make laws shall be exercised by Bills passed by both Houses (or, in the cases mentioned in Article 68, the House of Representatives) and, except as otherwise provided in this Article, assented to by the Yang di-Pertuan Agong.

10. MEMBERS OF PARLIAMENT IN THE EXECUTIVE AND LEGISLATIVE
DEWAN RAKYAT OR HOUSE OF REPRESENTATIVES
EXECUTIVE BRANCH
LEGISLATIVE BRANCH
Minister 32
Deputy Minister 23
Deputy Speaker 2
Backbenchers Club 77
Opposition 87
Independent 1
TOTAL 55
167

11. SENATORS IN THE EXECUTIVE AND LEGISLATIVE
DEWAN NEGARA
EXECUTIVE
LEGISLATIVE
Minister 3
President 1
Deputy Minister 4
Deputy President
Ruling party 51
Opposition 6
Vacant
TOTAL 7 63

12. REPRESENTATION, LEGISLATION AND OVERSIGHT THE ROLE OF PARLIAMENT
REPRESENTATION Reconcile the conflicting interests and expectations of different groups and communities; LEGISLATION Enact laws to adapt to the changing needs and circumstances; OVERSIGHT OF GOVERNMENT Ensure the government is fully accountable for its policies and actions.

13. PROVISION OF LAWS AND ORDERS RELATED TO THE LEGISLATIVE AND EXECUTIVE BRANCH
1. Appointment of the Prime Minister
The Yang di-Pertuan Agong is expected to appoint a Prime Minister who will command the confidence of a majority of the elected members of the House of Representatives.
Article 43(2) (a) of the Federal Constitution
2. Dissolve Parliament
Should the Prime Minister ceases to command the confidence of the majority of the members of the House of Representatives, then, he may request the King to dissolve Parliament, the Prime Minister shall tender the resignation of the Cabinet .
Article 43 (4) of the Federal Constitution

14. 3. Provision for openness and accountability
(cont’d)
3. Provision for openness and accountability
The concept of parliamentary privileges (freedom of speech) protects MPs from legal action resulting from an opinion expressed or vote cast;
Article 63 of the Federal Constitution

15. 4. Parliamentary Motions
(cont’d)
4. Parliamentary Motions
Provision in the Standing Order allows the MPs the right to address the House on administration matters which the government is responsible and the Minister may reply;
Standing Orders 17 (1) of the Dewan Rakyat
5. Parliamentary Questions
Provision in the Standing Order allows the MPs the right to ask questions concerning affairs within the Ministers’ official functions and Bills;
Standing Orders 21 of the Dewan Rakyat

16. PARLIAMENTARY OVERSIGHT FUNCTION
MOTIONS
QUESTIONS
COMMITTEE
BILL
Debate on matters of public interest
Debate on government policies
Allocation of 90 minutes for check and balance
Committees to discuss issues concerning public interests

17. MOTIONS
Provision of 20 types of motion for debate including Matters of Urgent Public a motion relating to a matter of privilege when it occurred.

18. QUESTIONS Allocation of 90 minutes for check and balance;
Questions are put to ministers to obtain information on the affairs within the official functions, bills and motions;
Each day an average of 60 questions in the Order of Business.

19. PUBLIC ACCOUNTS COMMITTEE SPECIAL SELECT COMMITTEE (AD-HOC)
ADMINISTRATION
OF THE HOUSE
COMMITTEE OF SELECTION
STANDING ORDERS COMMITTEE
HOUSE COMMITTEE
COMMITTEE OF PRIVILEGES
PUBLIC ACCOUNTS COMMITTEE
(PAC)
Scrutinize the expenditure of public funds after their allocation in the national budget
Monitors the implementation of spending authorized in the budget legislation
SPECIAL SELECT COMMITTEE (AD-HOC)
Deliberate on matters referred to it by the House
Deliberate on bills referred to it by the House
E.g. Criminal Procedure Code, Penal Code , Select Committee on National Service.

20. BILLS Debate on government policies;
Each year, a range between 30 and 40 bills are tabled.

21. REALITY CHECK
Except for PAC, Committee of Privileges and Select Committee, the committee system has limited roles;
Absence of proper protocols for ministers to take remedial actions in line with recommendations of Committee (e.g. PAC) deemed lesser control by the legislative over executive.

22. PARLIAMENTARY REFORMS
1. Re-introduce the Parliamentary Service Act; 2. Special time allotted for MPs to question the Prime Minister and his ministers on current pressing matters.

23. CLOSING REMARKS
1. Parliament holds the Executive accountable through various mechanisms. Over the years, Parliament has passed laws and policies which reflected the political realities in the country. As the executive is well supported by the ruling party, it secures control in principle over the legislature.
2. An increased number of opposition members in Parliament after the 12th General Election highlights the fact that cooperation and confrontations are essential factors in the smooth running of a modern parliamentary system.