The Components of the Government

Legislature
Executive
Judiciary
The present modern government of Malaysia
consist of three main bodies: - Legislature
Executive - Judiciary
This division is based on a theory of
separations of powers.
Each body has their own powers and one
cannot oppress or interfere the others.
Reasons: for check and balance, justice and
fairness
Legislature is the Parliament
Function: to enact laws
Process in the enactment of law:
A minister or ministry draws up a draft,
known as a bill, with the help of the Attorney
Generals Department.
The bill is printed and distributed to the
Members of Parliament (MP).
The bill has to go through three readings and
close study by a Dewan Select Committee.
First reading, a minister presents it to the Dewan
Rakyat and the House Secretary reads the brief
subject matter.
Second reading, the bill is discussed and debated
in detail. After that the Dewan Select Committee
will study it and make necessary amendments.
Third reading, the bill is presented by a minister
for approval. If the get a two-third votes from the
MP, then it will be considered as pass.


The passed bill will go to Dewan Negara to undergo
the same process before being presented to Agong.
The Agong has a period of 30 days to give consent to
the bill.
He can reject the bill and the Dewan Rakyat must
discuss and pass it again.
After that he has another 30 days to pass the bill. It
will automatically become a law in 30 days even if
the Agong didnt sign it.

The legislative body consists of three
components
The Yang di-Pertuan Agong
The Dewan Negara
The Dewan Rakyat
Also known as Senate.
Members of Dewan Negara senators.
Headed by Yang Dipertua who presides over
meetings. He is assisted by Deputy Yang Dipertua
and Dewan Secretary.
Article 45 of the Constitution: Senators are
appointed.
They serve the Dewan Negara for two years (a
term) and cannot exceed two terms (whether
continuously or alternately).

Procedures of appointing a Senators:
Two persons for each state appointed by the state
government through the State Legislative
Assembly
Two persons for Federal Territory of Kuala
Lumpur and one for Labuan appointed by
Agong on the advice of the Prime Minister.
Forty persons from various states appointed by
Agong on the advice of the Prime Minister.
A Senator is picked among the circle of prominent
citizens who have served the society or country in
various fields or professions.
The roles of Dewan Negara:
To discuss and pass the bills passed by the Dewan
Rakyat before being forwarded to Yang di-Pertuan
Agong.
Dewan Negara have power to delay the passing of
the bills for a period of one month to one year, but
they have no power to reject it.

The members are a person who won a
parliamentary seat in a general election.
They are known as Wakil Rakyat.
Functions: to enact law and to discuss matters
related with the interest of the people and the
country.

The governing body, represented by cabinet
ministers.
Lead by a Prime Minister.
The Agong appointed a Prime Minister from
members of a Dewan Rakyat who has the
confidence of the majority of the Dewan
(Article 43.2)
The Agong also appointed other ministers on
the advice of the Prime Minister.
They meet once a week, usually on
Wednesday, for a meeting.
The Cabinet can form a Special Cabinet
Committee to study a policy or issues requiring
close examination.
The ministers only manage and give directives
but not perform the actual tasks.
A minister led a ministry.
The government employees perform the task
and carry out the directives.
The head of the government employees is the
Chief Secretary-General.
Responsible for the process of justice.
It carries out its duties in court of law.
Had wider powers compared to the Legislative
and the Executive.
It can interpret the Constitution or any other law
and rule it as invalid.
The role:
To ensure that each individual acts and behaves in a
manner befitting a member of society and a citizen.
Determines what action is right or wrong according to the
law.
Enforcing the laws with justice.

Free from any government influences:
The Agong on the advice of the Prime Minister appoints
judges after a consultation with the Council of Rulers.
The judges are paid from a special fund and not from the
governments money.
An independent Judiciary Service Commission is
responsible on matter relating to judicial services, like the
appointment of legal officers, promotion and allowances.
Judges can be dismissed from service for two
reasons only:
Improper behaviors
Inability to carry out duties as a judge.

The High Court
Federal Courts
Had powers to decide on appeals concerning decisions of
the Appeal Courts, the High Courts or a Judge.
Consist of a Lord President, Chiefs Justice, High Courts
and others directed by the Agong.
High Courts
Appeal Courts

The Lower Courts
Session Courts
The highest among the lower courts.
Handle all kind of criminal cases but not to the death
penalty, and cases involving claims not exceeding RM250
000.
Magistrate Courts
Presides by magistrates.
Handle criminal cases involving jail sentences not
exceeding a ten years prison.

Special Lower Courts
Juvenile Courts, which has power to handle cases
(except murder) of teenagers (below the age of 18
years). Those found guilty by this court will be
sent to rehabilitations centers. The media are not
allowed to cover or highlight the cases.
Industrial Courts, which handle cases of a disputes
between employers and employees. Appeals to the
courts decision can be made to the High Courts.

Military Courts
Has power to handle cases involving members of
the armed forces.
Syariah Courts
Has power to handle cases concerning the
administration of Islamic law for Muslims families
or individuals.
Two types: A Syariah Courts and a Syariah Appeal
Courts, which has powers to hear appeals of the
decisions of the Syariah Courts. The decision of the
Syariah Appeal Courts cannot be challenged in
any civil courts.