Malaysia as a Federal State

LECTURE 2

Federation
A federation
is a country whereby
a number of individual states join
together to form
an association of states.
The association is called a federation.

The essence of federalism is

the division of power to

govern a country
between
federal government and
state government

Federal System
The law made by the federal legislature is applicable and
enforceable throughout the country while the law made by
the legislature of a state is only applicable and enforceable
in the state.
The Parliament (federal legislature) cannot abolish a state on
its own and cannot make any law o matters that come
under jurisdiction of the state.
In Malaysia the constitution is supreme and it is the source
of authority for both federal and state governments.

KEY ELEMENTS OF THE

MALAYSIAN CONSTITUTION

The
constitution
is the
Supreme
Law of
Malaysia

Malaysia is a
Constitutiona
l Monarchy

There are
three branches
of Government
a) Legislature
b) Executive
c) Judiciary

FEDERAL & STATE CONSTITUTION

The body of legal and non-legal rules concerning the government of a

state.

A single written document having special legal status, which establishes

the state and sets out the structure and powers of the state.

In Malaysia 2 types of constitution involves :

Federal Constitution

State Constitution ( Undang-Undang Tubuh Kerajaan Negeri)

FEDERAL CONSTITUTION

Highest law of the land.

Article 4 mentioned about the Supremacy of Constitution.

Case : Ah Thian v Government of Malaysia

Suffian LP pointed out The doctrine of supremacy of
Parliament does not apply in Malaysia. Here we have
written constitution. The power of Parliament and of State
Legislatures in Malaysia is limited by the Constitution and
they cannot make any law as they please.

STATE CONSTITUTIONS

Called as Undang-Undang Tubuh Negeri. Have in 13

states.

Provide State Legislative Assembly to make law

(Enactment)

State Government headed by Menteri Besar (with

Sultan) and Ketua Menteri (no Sultan).

Malay Rulers may act under his discretion on following

matters :
Appointment
Witholding

of Menteri Besar

consent to request dissolution of

Legislative Assembly

CONSTITUTIONAL AMENDMENT

Art 159 and Art 161E

Simple Majority

2/3 majority of total members of Dewan Rakyat.

2/3 majority + Conference of Rulers

2/3 majority + Consent from YDP Negeri Sabah and Sarawak

THEORY OF SEPARATION OF POWER

3 important bodies.
PURPOSE : Division of roles based on the theory of power division to avoid misuse
of power, interference from one body with another and as a check and balance
measure.
a)

Legislative - His Royal Highness (Paramount Ruler), Senate (Dewan Negara),

House of Representatives (Dewan Rakyat).

b)

Executive Cabinet

c)

Judiciary - Federal Court, High Court, Sessions Court, Martial & Syariah Court etc.

MODEL OF POWER DISTRIBUTION

FOR 3 BODIES
D E M O C R A T IC G O V E R N M E N T
H is R o y a l H ig h n e s s
H e a d o f th e C o u n tr y
L e g is la tio n
( P a r lia m e n t)
H is R o y a l
H ig h n e s s
( Y a n g D i- P e r t u a n
Agong)

S e n a te
(D e w a n
N e g a ra )

E x e c u tiv e

House of
R e p r e s e n ta tiv e s
(D e w a n
R a k y a t)

J u d ic i a r y

C a b in e t

S u p e r io r
C o u rts

F e d e ra l
C ou rt
C o u rt o f
A ppeal

S u b o r d in a te
C o u rts

H ig h
C o u rts
H ig h C o u rt
o f M a la y a

M a g i s t r a te
C ou rt

H ig h C o u r t
Sabah &
S a ra w a k

S e s s io n s
C o u rt

J u v e n i le
C o urt

LEGISLATIVE
L e g is la t io n
( P a r l i a m e n t)
H is R o y a l H ig h n e s s
( Y a n g D i- P e r tu a n
A gong)

S e n a te
(D e w a n
N e g a ra )
www.parlimen.gov.my

H ouse of
R e p r e s e n t a tiv e s
( D e w a n R a k y a t)

LEGISLATIVE
HIS ROYAL HIGHNESS
The Council of Rulers elects His Royal Highness (HRH) as Paramount Ruler of the

country a period of 5 years.

His Highness carries out the following duties:-

a)

elects the Prime Minister

b)

calls & ends for parliamentary proceedings (following the advice of the Prime Minister)

c)

calls for the Council of Rulers Meeting

LEGISLATIVE

Parliament = the body that made laws.

Practices Parliamentary Democracy with Constitutional Monarchy.

A system of democracy based on the Federation system.

Made up of 3 components:
a)

His Royal Highness (Yang di-Pertuan Agong)

b)

Senate (Dewan Negara)

c)

House of Representatives (Dewan Rakyat)

LEGISLATIVE SENATE

Known as Senators, can only serve for 3 years.

Approved Bills (laws) & passes to HRH for approval.

Must be 30 years old and above.

Consists of 69 senators in 3 categories:a)

29 members from the 14 states (including Federal Territory of Labuan & KL).

b)

40 members who are elected by HRH - excellent contributions in the public service,
trade, manufacturing, agriculture, cultural activities, community service or represent
minority groups etc.

LEGISLATIVE
HOUSE OF REPRESENTATIVES

222 elected members through General Election held every 5 years.

Parties with the most votes can form a government to rule the
country.

Function = is to make laws and discuss matters concerning the

people and the countrys internal & external affairs.

Prior for approval in the Senate.

LEGISLATIVE
HOUSE OF REPRESENTATIVES

A Bill originates in the Dewan Rakyat.

Once approved, it is tabled in Senate for another debate.

After that, Bill will be approved before being presented to HRH for his
consent.

The Bill will be gazetted (approved) in the form of 'Government

Gazette', thus making the Bill a law as stated in the Government
Gazette.

FEDERAL LEGISLATION

4 types of Act.

Principal Act main Act like Contract Act 1950

Amendment Act changes in Principal Act

Revised Act changes made by Commisioner of Law Reform such as

Civil Law Act 1956 (Revised 1972)

Consolidated Act bring together simple Act or more on specific

matters.

LEGISLATIVE PROCESS

Before any law can be called as Act, they are known as Bill.

Three types of Bill involved:

Public Bill - Matters concerning defence, taxation, public order

Private Bill local or private matters

Hybrid Bill public matters that also affect private bodies

LAW MAKING PROCESS IN

PARLIAMENT
Pre-Parliamentary Stage

First Reading

Second Reading

Committee Stage

Government Proposal (Discuss in ministry level)

Sent the proposal to the Parliamentary Draft person in the Attorney
Generals Chambers.
The proposal becomes Bill.
Cabinet gives approval for the bill.

When a bill is first introduced by one of the two houses, only the title is
actually read. After the Bill is passed at this stage, the text is printed and
distributed.

The minister will present the outline of the Bill.

The house will debate on the principle
If the bill receives the required number of votes, it will proceed to
committee stage

If the Bill required more detailed and scrutiny, the House may refer the Bill
to a selected committee but this rarely happen

..cont.
Third Reading

House of Senate

The bill is review again.

Debates will centered on general principles.
Substantives amendments are no longer allowed except
with permission of the speaker to correct errors
The Bill is passed to the House of Senate.
Similar produces with Dewan rakyat

Royal Assent

Under Art. 66(4), the YDPA shall within 30 days after the
Bill is presented to him, assent to the Bill by causing the
Public Seal to be affixed thereto.
If 30 days expire and no assent is given, the Bill becomes
law.
Once the Bill is given Royal Assent, it becomes an Act.

Publication

An Act of Parliament only come into forces upon it being

published in gazette.

EXECUTIVE
Transport

Finance

E x e c u tiv e

Works
Human
Resources

Agriculture
Culture, Arts
& Tourism

Defence

Foreign Affairs

C a b in e t
M in is t e r s & D e p u t y M in is t e rs
2 5 M in is t r ie s
Prime Ministers Dept.

Domestic Trade &

Consumer Affairs

Rural Dev.

Primary Industries

Education

Science, Tech. &

Environment

Entrepreneur Dev.

Youth & Sports

Women &
Family Dev.
Energy, Comm.
& Multimedia

Home Affairs
Health
Housing & Local
Government

Information
Int. Trade &
Industry

Land & Coop.

Development
Nat. Unity &
Social Dev.

CABINET OF MALAYSIAN
GOVERNMENT

Cabinet members head various ministries.

A minister will present the Cabinet his / her plan & reports
of carrying out a policy under his / her ministry.

Chief of the government civil service is the countrys

Chief Secretary (Ketua Setiausaha Negara - KSN).

JUDICIARY
J u d ic ia r y
S u p e r io r C o u r ts
S u p re m e
C o u rt

C o u rt
of Appeal

S u b o r d in a t e C o u r ts
H ig h
C o u rt

H ig h C o u r t
o f M a la y a

S e s s io n s
C o u rt

H ig h C o u r t
o f B o rn e o

M a g is t r a te
C o u rt

J u v e n ile
C o u rt

JUDICIARY

The judiciary contains courts.

The formation of judiciary is stated inside the

constitution. The constitution decides the rules to
ensure that the judiciary is free from fear or favour.

Judges are appointed by HRH with advice of Prime

Minister & after discussion with Conference of Rulers.

Judiciary is headed by Chief Justice (Ketua Hakim)

which is appointed from judges.

JUDICIARY FEDERAL COURT

Main function = to determine whether a law made by

Parliament or a State Legislature is invalid on the
ground that it makes provision to a matter with respect to
which Parliament or, as the case may be, the State
Legislature has no power to make the law.

Also makes final judgments on legal matters which come

before it on appeal from Court of Appeal.

The ultimate court in civil, criminal and constitutional

matters.

JUDICIARY COURT OF APPEAL

Appellate jurisdiction to hear civil and criminal

cases originating from High Court or Sessions
Court (criminal cases only).

JUDICIARY HIGH COURT

2 High Courts = Malaya (Peninsular)

= Sabah & Sarawak (Borneo)

Consists of a Chief Judge and no less than 4 judges.

Criminal hear cases which carry death penalty.

Civil - in divorce & matrimonial causes, bankruptcy &

company cases, appointment and control of guardians of
infants, disabled persons & their property & grant of
probates of wills and letters of administration.

JUDICIARY SESSIONS COURT

Criminal - has jurisdiction to try all offences other

than offences punishable with death.

Civil :

running down cases, landlord and tenant &

distress;

try other suits where the amount in dispute does

not exceed RM1,000,000

JUDICIARY MAGISTRATE

Criminal - jurisdiction to try all offences where maximum term of

imprisonment does not exceed 10 years & punishable with fine only.
(Eg. = robbery or housebreaking).

Civil - suits of a civil nature where the amount in dispute does not
exceed RM100,000.

Pass any sentence allowed by law not exceed:

a)

5 years imprisonment

b)

a fine of RM10,000.00

c)

whipping up to 12 strokes or

d)

any combination of the sentence above.

LEGISLATION

Law enacted by the legislature and by bodies and persons

authorized by the legislature.

Legislatives bodies in Malaysia

Federal : Parliament (Dewan Rakyat dan Dewan Negara)

Called as ACT

State

: Legislative Assembly
Called as Enactment and Ordinance (Sarawak)

Word Ordinance also used for any law passed before Merdeka Day
and YDPA in case of Emergency (Art. 50)

Application of Innkeepers Act

1952

Section 1:

This Act applies to Peninsular Malaysia only.

Section 2

goods means any movable property;

barang-barang ertinya sesuatu harta boleh alih;

inn means any hotel, boarding-house or other place where any person is
harboured or lodged for any kind whatsoever of hire or reward and where
any domestic service whatsoever is rendered by the owner, lessee, principal
tenant, occupier or manager to the person so harboured or lodged, licensed
under any written law for the time being in force in Peninsular Malaysia;

rumah penginapan ertinya sesuatu hotel, rumah tumpangan atau tempat lain,
yang dilesenkan di bawah mana-mana undang-undang bertulis yang berkuat
kuasa pada sesuatu waktu tertentu di Semenanjung Malaysia, di mana seseorang
berlindung atau menginap bagi apa jua jenis sewa atau ganjaran dan apa jua
perkhidmatan domestik diberi oleh pemunya, penerima pajak, tenan utama,
penduduk atau pengurus kepada seseorang yang berlindung atau menginap itu;

innkeeper means the keeper of any such inn and includes a

company or corporation;

tuan rumah penginapan ertinya tuan sesuatu rumah penginapan

sedemikian dan termasuk sesuatu syarikat atau perbadanan.

manager means the agent or servant of the innkeeper for the

time being in charge of the inn or any person duly appointed by the
innkeeper to receive the goods of his guests for safe custody;

pengurus ertinya ejen atau pekhidmat tuan rumah peginapan yang

bertanggungjawab pada sesuatu waktu tertentu terhadap rumah
penginapan itu atau seseorang yang dilantik dengan sempurna oleh
tuan rumah penginapan itu untuk menerima barang-barang tetamunya
untuk disimpan dengan selamat;

Thats All :p