FACULTY OF ADMINISTRATIVE SCIENCE AND POLICY STUDIES

DIPLOMA IN PUBLIC ADMINISTRATION (AM110)

PAD240:
3 COMPONENTS OF MALAYSIAN PARLIAMENT AND THEIR IMPORTANT
FUNCTIONS

NAME MATRIC NO. GROUP

NOR AMIRAH BINTI KHAMARZAMAN 2017200788 KAM1103C
NUR ZULAIKA BINTI KAMARUDIN 2016380215 KAM1103C
NORHASYA DAMIA BINTI MOHD KHADRI 2017260538 KAM1103C

PREPARED FOR:
SIR TUNKU NASHRIL BIN TUNKU ABAIDAH

DATE OF SUBMISSION:
11 NOVEMBER 2018
 TABLE OF CONTENTS

CONTENT PAGES

1.1 INTRODUCTION 3

2.1 EXECUTIVE 4
2.2 FUNCTIONS OF EXECUTIVE 5

3.1 LEGISLATURE 7
3.2 FUNCTIONS OF LEGISLATURE 9

4.1 JUDICIARY 10
4.2 FUNCTIONS OF JUDICIARY 11

5.1 CONCLUSION 13

6.1 REFERENCES 14

2
1.1 Introduction (by Zulaika)

Malaysia practices Parliamentary Democracy with Constitutional Monarchy and His

Majesty the King as the Paramount Ruler. The Federal Constitution was legislated
with the setting up of conditions for this system to exist. One of the characteristic of
Parliament Democracy is the separation of powers into three parts which are the
Legislative, the Judiciary and the Executive.

Malaysia is also a country that practices a system of Democracy based on the

Federation system. In accordance to this the states of Perlis, Kedah, Penang, Perak,
Selangor, Negeri Sembilan, Malacca, Johore, Pahang, Terengganu, Kelantan,
Sarawak and Sabah have agreed to the concept of forming Malaysia

Each state involved has surrendered part of its power such as financial, defence,
education, foreign affairs and others, as stated in the Malaysian Constitution, which is
administered by the Central Government. There are matters that are under the power
of the state and each state administers the power over those matters.

As a country with a Constitutional Monarchy, it is therefore allocated by the

Constitution the institutions of His Majesty the King as the Paramount Ruler, the
hereditary rulers of the nine states and the Council of Malay Rulers. His Majesty the
King has the power to safeguard the customs and traditions of the Malay people and
the administration of the Islamic religion in each state. His Majesty the King is the Head
of the Islamic religion for the states of Penang, Sabah, Sarawak and the Federal
Territories.

His Majesty the King is the Highest Commander of the Armed Forces. His Majesty
the King carries out his duties under the Constitution under the advice of the Prime
Minister and the Cabinet. Meanwhile, the hereditary rulers are Head of State of his
own state and carry out their duties under the advice of their Menteri Besar.

3
2.1 Executive (by Zulaika)

Under executive parliamentary system have:

 Cabinet

Government Ministers meet as a body called the Cabinet, which is chaired by the
Premier. The Cabinet operates as a deliberative body that determines the legislative
and executive policy of the Government. Cabinet meetings are held on a weekly basis,
with meetings regularly scheduled for regional parts of Western Australia.

Cabinet is fundamental to the operations of Executive Government, but it is not

recognized in the Constitution and its decisions have no legal force except to the extent
they are put into effect by individual Ministers.

 Executive Council

The Executive Council is the supreme decision making body of Government and
comprises the Governor (as Chair) and all Cabinet Ministers. Members of the
Executive Council are appointed by the Governor on behalf of Her Majesty the Queen.
Its principal purpose is to advise the Governor on matters relating to administering
government in Western Australia. Where applicable, it gives legal form to Cabinet
decisions, which have no legal status in their own right.

 Public Sector

The Public Sector is made up of the various government departments and agencies.
Its role is to administer and enforce the laws of the State and implement the legislative
and executive policies of the Government of the day.

4
2.2 Function of the Executive Parliamentary System (by Zulaika)

 Enforcement of Laws

The primary function of executive is to enforce laws and to maintain law and order in
the state. Whenever a breach of law takes place, it is the responsibility of the executive
to plug the breach and bring the offenders to book. Each government department is
responsible for the implementation of the laws and policies concerning its work. For
maintaining law and order in the state, the executive organizes and maintains the
police force.1

 Military Function

One of the key functions of the state is to defend and preserve the unity and integrity
of the country and protect it in the event of an external aggression or war. It is the
responsibility of the executive to undertake this work. To organize military for the
defence of the state, to prepare for and fight the war, if it becomes necessary, and to
negotiate and sign peace settlement after every war, are the functions performed by
the executive.

The executive is the final judge of the nature of the threat to the security of the country.
It has the prime responsibility to take all such steps as are needed in the interest of
the security and integrity of the state. The chief executive of the state is also the
supreme commander of the armed forces of the state.

1 D.V Verney, (1959). The Analysis of Political Systems

5
  Policy-making

Modern welfare state has to carry out a large number of functions for securing the
socio-economic-cultural development of its people. It has to formulate policies,
prepare short-term and long-term plans and implement these. All actions of the state
are guided by definite policies and plans.

It is the executive which undertakes the task of policy-making and developmental

planning. These are the two most important functions of the executive, because by
these the state carries out its objective of promoting the welfare of its people.2

 Financial Functions:

It is the legislature which is the custodian of all finances. It has the power to impose,
or reduce or eliminate a tax. However, in actual practice, the executive exercises a
number of financial functions. It has the responsibility to prepare the budget. It
proposes the levy of new taxes or changes in tax structure and administration. It
collects and spends the money as sanctioned by the legislature.

The executive decides the ways and means through which the money is to be collected
and spent. It formulates all economic policies and plans. It takes suitable measures
for regulating the production and distribution of goods, money supply, prices and
exports and imports. It contracts foreign loans, negotiates foreign aid and maintains
the financial credibility of the state.3

2
Alan R, Ball (1993). Modern Politics and Government
3
Official Portal of the Parliament of Malaysia. Retrieved from http://www.parlimen.gov.my

6
3.1 Legislature (by Amira)

The legislative branch is made up of the two houses of Congress, House of

Senate and House of Representatives. There are 222 Members of Parliament. The
function of legislative branch is either making laws, amend laws or replace laws. 4 In
Malaysia, the power to enact law is placed under Parliament at the federal level and
the State Legislative Assembly at the state level. Malaysia practices the hybrid legal
system which consists of the Customary Law, Islamic Law and Common Law. The
sources of Malaysian legal system law are from two different laws which are the
Written and Unwritten law.5

 Dewan Negara

The Dewan Negara comprises of 69 members of whom 40 are nominated by

Yang di-Pertuan Agong from among citizens. Two members representing the
Federal Territory of Kuala Lumpur and one member for the Federal Territory of
Labuan being appointed by YDPA. The remaining 26 are elected by the
Legislative Assemblies of 13 States of Malaysia. Each state does have two
senators. Senators must be 30 years or above, and are appointed to a three-
year term for a maximum of two terms.6

4
Sandbox Networks, Inc., publishing as Fact Monster. (October 2018). Retrieved from
https://www.factmonster.com/us/government-primer/three-branches-government
5
Teacher, Law. (November 2013). The Sources of Malaysian Legal System. Retrieved from
https://www.lawteacher.net/free-law-essays/constitutional-law/the-sources-of-malaysian-legal-system-
constitutional-law-essay.php?vref=1
6
Myytenaere, Robert (1998). The Immunities of Members of Parliament. Retrieved from
https://en.wikipedia.org/wiki/Parliament_of_Malaysia#cite_note-7

7
  Dewan Rakyat

The Dewan Rakyat is fully elective and has 180 members. The Speaker and
the Deputy Speaker are elected by the Dewan Rakyat. The members of Dewan
Rakyat must be at least 21 years of age and above and are not members of
Senate. Each Dewan Rakyat serves for a maximum of five years. Each state
has single legislative chamber (unicameral) for which elections are held every
five years.7

7
IBP, Inc. (2015). Malaysia Recent Economic and Political Developments Yearbook. USA:
International Business Publications.

8
3.2 Functions of Legislature (by Amira)

 Law-making

The Parliament has power to make laws by the way of Dewan Rakyat and
Dewan Negara passing a Bill and assented by the YDPA.

A Bill can be proposed by either House of the Parliament (Dewan Rakyat or

Dewan Negara). A ‘Money Bill’ must be presented by the House of
Representative and a minister. All Bills that will be passed by both of the House
of Parliament must follow certain rules of the House.

The Government and the members of Parliament may propose a Bill in the
Parliament. The Government’s presented Bill will be drafted by the Attorney
General's Chamber, acting on the instruction by the ministry or cabinet and will
be passed by a House of Parliament to proceed through few stages.

 Controlling national finances

The legislature also have the power to control the national finances. For
example, executive cannot simply spent the expenditure without the approval
from the legislature. Each year the budget has to be prepared by the member
of executive and get passed from the legislature for the coming financial year.

The legislature does not only passes the budget but also improve the
imposition. Besides, the legislature maintains a control over all financial
transactions and expenditures incurred by the executive.

 Judicial functions

The legislature also held some judiciary power. The legislature is assigned to
act as a court in order of impeachment. In other words it works as an
investigating court for trying high public officials on charges of treason,
misdemeanor and high crimes and remove them from office. Still, in Malaysia,
impeachment proceedings to bring down a public official suspected of
misconduct are non-existent.

9
4.1 Judiciary (by Damia)

Judiciary is a third branch of the Malaysian Parliament. The purpose of the courts
is to ensure administration of justice. Courts are the agencies that has the
responsibility to apply the laws in specific cases and settle disputes between
individuals and individuals. And citizens and the state. Definition of law is rules and
regulations for controlling human activities. Only judges can use law to make any
decision during the judgements in any cases. For citizen, judiciary is the most
important branches of the government because it protect their right better than
legislative and executive branches. Role of Judiciary as the guardian-protector of the
constitution and the fundamental rights of the people makes it more respectable than
other two branches. In judicial structure in Malaysia there have separated to three type
of court which is superior courts, subordinate courts and other courts. While giving
judgement on cases, courts do number of jobs beyond the settlement of disputes.
They perform the functions such as establishing facts, interpreting laws, creating laws,
upholding the constitution, preventing infraction of laws and judicial reviews.8

8
Abdul Rashid Moten, Syed Serajul Islam (2015). Law and the Judiciary. Introduction To Political
Science 5th Edition (pp. 197-211), Selangor: CENGAGE Learning

10
4.2 Functions of Judiciary (by Damia)

 Establishing Facts

First function of judiciary is established to do some of investigate and determine facts.

Responsibility of the court is to determine the fact to deduce the truth. To investigate
and determine facts the conflicting parties should bring forward witnesses to produce
evidence in support their respective contentions. The evidences either in writing, orally
or both will be accepted. After that judges will listen for those witnesses that involved
in the cases to consider the testimonials evidence. Finally, based on the evidences
the court will determines the fact.

 Interpreting Laws

The second function of the judiciary is responsible to interpret and apply laws to the
facts which have already been founded by investigation and the render decisions. The
task of the judges is to accept the relevant law to the case as it is and apply it to the
ascertained facts. This power just can be performed by the judges only. Its mean judge
is the interpreter of law.

 Creating Laws

Laws are made to deal with broad issues. By following with the cases maybe law is
not existing with the specific case. Because the existing law may not be consistent
with present situation. So the court should decide the nature, scope and meaning of
the law. Furthermore, if different laws conflict with each other, the courts have to
decide which shall prevail. Usually it can happen when the type of crime is not fully
covered by the existing laws at all. In that case, the courts should create a new law.
The judges are thus the interpreters of law as well as lawmakers and a large volume
of law is made up of judge-made laws in many countries.

11
  Upholding the Constitution

The judiciary also become as a guardian of the constitution in federal system which
give a limitation for jurisdiction of various agencies and units of government. Neither
the central government nor the state government can pass law repugnant to the
constitution because the courts interprets the constitution.

 Preventing Infraction of Law

Courts also perform the function of preventing infraction of law and the violation of
human right. Which is citizen can approach to the court for protection before the actual
violation occurs because parties of persons don’t have to wait until their rights had
been actually violated. People can appeal to the courts and after that courts will issue
orders prohibiting which is known as restraining orders or injunctions then attempts
until the rights of parties were determined.

 Judicial Review

A very great power of the courts judicial review which is to declare any act of the
legislature or of the executive null and void, and consequently invalid if they are found
have a conflict with the constitution.

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5.1 Conclusion (by Damia)

We can conclude that three branches of the Malaysian Parliament are very important
to our country in order to maintain the power within the state because if we don’t have
this three type of the branches our country we will face a massive problem which is
the power of government will become inequality and authority will misuse their power
by follow their own desire without care for citizen. Besides, our country will be
comparable to other developed countries.

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6.1 REFERENCES (by Amira)

D.V Verney, (1959). The Analysis of Political Systems. London: International Library
of Sociology and Social Reconstruction.

Alan R, Ball (1993). Modern Politics and Government 7th Edition. London: Macmillan
Education ltd

Official Portal of the Parliament of Malaysia. Retrieved from

http://www.parlimen.gov.my

Sandbox Networks, Inc., publishing as Fact Monster. (October 2018). Retrieved from
https://www.factmonster.com/us/government-primer/three-branches-
government

Teacher, Law. (November 2013). The Sources of Malaysian Legal System.

Retrieved from https://www.lawteacher.net/free-law-essays/constitutional-
law/the-sources-of-malaysian-legal-system-constitutional-law-
essay.php?vref=1

Myytenaere, Robert (1998). The Immunities of Members of Parliament. Retrieved

from https://en.wikipedia.org/wiki/Parliament_of_Malaysia#cite_note-7

IBP, Inc. (2015). Malaysia Recent Economic and Political Developments Yearbook.
USA: International Business Publications.

Abdul Rashid Moten, Syed Serajul Islam (2015). Law and the Judiciary. Introduction
to Political Science 5th Edition (pp. 197-211), Selangor: CENGAGE Learning

14