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LAW 016 Separation of Power LAW 016 Separation of Power
LAW 016 Separation of Power LAW 016 Separation of Power
SEPARATION OF POWER
In Malaysia, the legislative branch of government contains three major elements - the Yang
di-Pertuan Agong, Dewan Negara and Dewan Rakyat . All three elements are crucial in
passing bills or laws tabled at parliament. The Yang di-Pertuan Agong is the Supreme Head
of The Federation and also the Leader of Islam in his home state, the Federal Territory of
Kuala Lumpur, Labuan, and states which does not have a monarch of their own namely
Melaka, Pulau Pinang, Sabah and Sarawak . His majesty however does not have any power in
the administration of the state. In his official capacity as the Sovereign of the country, His
Majesty is compelled to accept advises from the executive branch of the government - the
Cabinet, which is headed by the Prime Minister . In the United States however, as the Head
of State and Head of the Government, the President holds full administrative power. He is
however accountable to Congress (legislative branch).
The Dewan Negara (Upper House) has 69 members who are appointed by the Yang di-
Pertuan Agong. Its job is to debate Bills passed by the Dewan Rakyat (Lower House or
House of Representatives). The Dewan Negara does not have the authority to reject Bills but
it has the authority to delay these Bills and to return them to the Dewan Rakyat for
rectification and further debate. The Dewan Rakyat or House of Representatives has 192
members (1995) who are elected by the masses in elections which are held every five years.
Its main function is to debate Bills introduced or proposed by the executive branch of
government. In the United States, both members of these houses (Senate and House of
Representatives) are elected to their positions by the masses in elections.
The executive branch of government in Malaysia is called the Cabinet or Ministers' Council.
It consists of members from political parties which won the majority of seats in the elections
and is headed by the Prime Minister. The appointment of ministers is done by the Yang di-
Pertuan Agong on the advice of the Prime Minister. Ministers are selected among the
members of the Dewan Rakyat or the Dewan Negara. The cabinet is responsible for the
running of the country's administration and for drawing up and implementing government
policies. Therefore the power of administration lies with the cabinet and the Prime Minister
in reality is the person with the highest administrative power (defacto ruler). However,
Article 43(3) of the Federal Constitution states that the cabinet is collectively responsible for
its actions.