Government of Malaysia
The Government of Malaysia, officially the Federal Government of Malaysia, is based in the Federal Territory of Putrajaya with the exception of the legislative branch, which is located in Kuala Lumpur. Malaysia is a federation of 13 states operating within a constitutional monarchy under the Westminster parliamentary system and is categorised as a representative democracy. The federal government of Malaysia adheres to and is created by the Federal Constitution of Malaysia, the supreme law of the land.
The federal government adopts the principle of separation of powers under Article 127 of the Federal Constitution, and has three branches: executive, legislature and judiciary. The state governments in Malaysia also have their respective executive and legislative bodies. The judicial system in Malaysia is a federalised court system operating uniformly throughout the country.
Federal government
The federal or central government is the ultimate authority in Malaysia and located in Putrajaya. It is headed by the Prime Minister of Malaysia who is also known as the head of government.Legislature
The bicameral parliament consists of the lower house, the House of Representatives or Dewan Rakyat and the upper house, the Senate or Dewan Negara. All seventy Senate members sit for three-year terms ; twenty-six are elected by the thirteen state assemblies, and forty-four are appointed by the king based on the advice of the Prime Minister. The 222 members of the Dewan Rakyat are elected from single-member districts by universal adult suffrage. The parliament follows a multi-party system and the governing body is elected through a first-past-the-post system. Parliament has a maximum mandate of five years by law. The king may dissolve parliament at any time and usually does so upon the advice of the Prime Minister.Executive
While the Monarch remains the Head of State real executive power is vested in the cabinet led by the prime minister as Head of Government; the Malaysian constitution stipulates that the prime minister must be a member of the Lower House of parliament who, in the opinion of the Yang di-Pertuan Agong, commands a majority in parliament. The cabinet is chosen from among members of both houses of Parliament and is responsible to that body.The Executive branch of the government consists of the Prime Minister as the head of the government, followed by the various ministers of the Cabinet.
Judiciary
The highest court in the judicial system is the Federal Court, followed by the Court of Appeal, and two High Courts, one for Peninsular Malaysia, and one for East Malaysia. The subordinate courts in each of these jurisdictions include Sessions Courts, Magistrates' Courts, and Courts for Children. Malaysia also has a Special Court to hear cases brought by or against all Royalty.Head of government
The Prime Minister of Malaysia is the indirectly elected head of government of Malaysia. He is officially appointed by the Yang di-Pertuan Agong, the head of state, who in HM's judgment is likely to command the confidence of the majority of the members of that House of Representatives, the elected lower house of Parliament. He heads the Cabinet, whose members are appointed by the Yang di-Pertuan Agong advice of the prime minister. The Prime Minister and his Cabinet shall be collectively responsible to Parliament. The Prime Minister's Department is the body and ministry in which the Prime Minister exercises its functions and powers.State governments
Each state governments in Malaysia is created by the respective state constitutions. Each state has a unicameral state legislative chamber whose members are elected from single-member constituencies. State governments are led by Chief Ministers, who are state assembly members from the majority party in the Dewan Undangan Negeri. They advise their respective sultans or governors. In each of the states with a hereditary ruler, the Menteri Besar is required to be a Malay, appointed by the Sultan upon the recommendation of the Prime Minister. Meanwhile, for the states without hereditary ruler, the Ketua Menteri is required to be a Dayak, appointed by the Governors.Local governments
The local government or local authority is the lowest level in the system of government in Malaysia—after federal and state. It has the power to collect taxes, to create laws and rules and to grant licenses and permits for any trade in its area of jurisdiction, in addition to providing basic amenities, collecting and managing waste and garbage as well as planning and developing the area under its jurisdiction. Local authorities in Malaysia are generally under the exclusive purview of the state governments and headed by a civil servant with the title Yang Di-Pertua. Local government areas and the boundaries is usually consistent with district boundaries but there are some places where the boundaries are not consistent and may overlap with adjoining districts especially in urbanised areas.Unlike the federal and state governments, the local governments in Malaysia are not elected but appointed by the state government after local council elections were suspended by the federal government in 1965.
Military, police and other governmental bodies
The Malaysian Armed Forces are the military body of Malaysia and the Royal Malaysian Police are in charge of law enforcement.Legal system
The law of Malaysia is mainly based on the common law legal system. This was a direct result of the colonisation of Malaya, Sarawak, and North Borneo by Britain between the early 19th century to 1960s. The supreme law of the land—the Constitution of Malaysia—sets out the legal framework and rights of Malaysian citizens. Federal laws enacted by the Parliament of Malaysia apply throughout the country. There are also state laws enacted by the State Legislative Assemblies which applies in the particular state. The constitution of Malaysia also provides for a unique dual justice system—the secular laws and sharia laws.Articles 73 to 79 of the Federal Constitution specifies the subject in which the federal and state government may legislate. Parliament has the exclusive power to make laws over matters falling under the Federal List whereas each State, through its Legislative Assembly, has legislative power over matters under the State List. Parliament and State legislatures share the power to make laws over matters under the Concurrent List but Article 75 provides that in the event of conflict, Federal law will prevail over State law.