Political Dilemma - Research and Reference

RESEARCH

Malaysian Political Structure

1.  Practiced a Constitutional Monarchy system in which a monarch (Yang di-Pertuan Agong) acts as head of state and Prime Minister is the head of government.

2.  Political structure consists of 7 levels which are Constitution, Monarchy, Government, Parliament, Judiciary, Election, Foreign Relation, Subdivisions.

 

 

A) Constitution (Kerajaan)

i) Federal Constitution of Malaysia (Perlembagaan)

- Come into force on 27 August 1957 but formal independence was only achieved on 31 August. It is the supreme law of Malaysia

- It is designed according to Reid Commission 1956.

- A constitutional conference was held in London from 18 January to 6  February 1956 attended by a delegation from the Federation of Malaya, consisting of four representatives of the Rulers, the Chief Minister of Federation (Tunku Abdul Rahman) and three other ministers, and also the by  the British High Commissioner in Malaya and his advisers.                                 

- The Constitution establishes the Federation as a constitutional monarchy having the Yang di-Pertuan Agong as the Head of State

ii) Social Contract (Kontrak Sosial)

- The social contract in Malaysia refers to the agreement made by the country's founding fathers in the Constitution.

- Usually referring to the citizenship of the non-Bumiputera of Malaysia and which also grants Malays special rights and privileges.

 

 

B) Monarchy (Badan Eksekutif)

i) Yang di-Pertuan Agong

- Existed from the Reid Commission’s proposal as an opposition of the   establishment of Malayan Union that’ll destroy the monarchy system.                                                             

- Elected from the nine rulers of Malay states, also known as Conference of Rulers

ii) Council of Ministers (Cabinet)

- Prime Minister as the Chairman of the Cabinet

- Deputy Prime Minister, Ministers and Deputy Ministers, are chosen based on the advice of the Prime Minister

- Cabinet members are chosen based on Dewan Rakyat

iii) Malaysian Anti-Corruption Commission (MACC) / (SPRM)

- A government agency in Malaysia that investigates and prosecutes corruption in the public and private sectors

- Lead by Chief Commissioner

 

C) Parliament (Badan Perundangan)

i) Dewan Negara

- Dewan Negara reviews legislation that has been passed by the lower house,  the Dewan Rakyat                                           

- Members of the Dewan Negara are referred to as "Senators” appointed by Yang di-Pertuan Agong.

ii) Dewan Rakyat

- The Dewan Rakyat (Malay for House of Representatives) is the lower house  of the Parliament of Malaysia                                                

- Members of the Dewan Rakyat are often referred to as Members of Parliament or MPs

- Appointed in elections

 

D) Judiciary (Badan Kehakiman)

i) Law of Malaysia

- based on the common law legal system where there is federal law and also the common law (hukum adat)

- the supreme law in Malaysia, the Constitution of Malaysia.

- also have Federal Laws, State Laws, Secular Laws (criminal and civil), Sharia Laws.

ii) Judiciary of Malaysia

- heavily influenced by the British Common Law and to a lesser extent Islamic law, and is mostly independent from political interference.

- Superior Courts are Federal Court : highest court in Malaysia, Court of Appeal : hears all civil appeals against decisions of the High Courts except where against judgment or orders made by consent, High Court : have unlimited civil jurisdiction, and generally hear actions where the claim exceeds RM250,000, other than actions involving motor vehicle accidents, landlord and tenant disputes and distress

- Subordinate Courts are Session Court, Magistrates Court, Syariah Court

- Judges are appointed by Yang di-Pertuan Agong

 

E) Elections (Pilihan Raya)

i) Election Commission

- The Election Commission of Malaysia (Malay: Suruhanjaya Pilihan Raya Malaysia (SPR)) is a commission set up for the purpose of regulating and conducting elections in Malaysia. Its establishment is mandated by Article 114 of the Constitution of Malaysia. The Election Commission falls  under the purview of the Prime Minister's Department                                                

ii) Political Parties

- Major party (ex: BN, MCA, MIA, GERAKAN), Minor party (ex: MCC, BERJASA, KIMMA), Regional party (ex: CCC, BERSEKUTU, AKIM)

F) Regional Relations

- Active member with vaarious international organization including Commonwealth   of Nations(Negara-Negara Komanwel), United Nation (Negara-Negara Bersatu), Organization of Islamic Cooperation (pertubuhan Persidangan Islam) and Non-Aligned Movement (Pergerakan Negara-Negara Berkecuali)

 

G) Subdivisions

 

i) State Legislative Assemblies of Malaysia (Dewan Undangan Negeri)

- the legislative branch of the state governments of each of the 13 Malaysian states. Members of a state legislative assembly comprises elected  representatives from single-member constituencies during state elections through the first-past-the-post system.

- have powers to enact state laws as provided for by the Constitution of Malaysia

- consist of Yang di-Pertuan Agong, a speaker and members of state legislative assembly

ii) Federal Territories (Wilayah Persekutuan)

-  comprise three territories: Kuala Lumpur, (national capital of malaysia  Putrajaya (administrative capital) and Labuan (offshore international financial centre)

- governed directly by the federal government of Malaysia

REFERRENCE:

http://www.expat.com.my/Expat%20Malaysia%20-%20Jalur%20Gemilang%20Malaysian%20Flag.htm

http://en.wikipedia.org/wiki/Politics_of_Malaysia