The Government of Malaysia, officially the Federal Government of Malaysia ( ms, Kerajaan Persekutuan Malaysia), is based in the
Federal Territory of
Putrajaya
Putrajaya (), officially the Federal Territory of Putrajaya ( ms, Wilayah Persekutuan Putrajaya), is a planned capital city which functions as the administrative capital and the judicial capital of Malaysia. The seat of the federal governmen ...
with the exception of the legislative branch, which is located in
Kuala Lumpur.
Malaysia is a federation comprising
the 11 States of Malaya, the Borneo States of Sabah and Sarawak, and 3 Federal Territories operating within a
constitutional monarchy under the
Westminster 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 Federal Constitution of Malaysia ( ms, Perlembagaan
Persekutuan Malaysia) which was promulgated on 16 September 1963, is the supreme law of Malaysia and contains a total of 183 articles. It is a written legal document which was preceded ...
, the supreme law of the land.
The federal government adopts the principle of
separation of powers under Article 127 of the Federal Constitution of Malaysia, and has three branches:
executive,
legislature and
judiciary. The
state governments
A state government is the government that controls a subdivision of a country in a federal form of government, which shares political power with the federal or national government. A state government may have some level of political autonomy, o ...
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
A central government is the government that is a controlling power over a unitary state. Another distinct but sovereign political entity is a federal government, which may have distinct powers at various levels of government, authorized or deleg ...
is the ultimate authority in Malaysia and located in
Putrajaya
Putrajaya (), officially the Federal Territory of Putrajaya ( ms, Wilayah Persekutuan Putrajaya), is a planned capital city which functions as the administrative capital and the judicial capital of Malaysia. The seat of the federal governmen ...
. It is headed by the
Prime Minister of Malaysia
The prime minister of Malaysia ( ms, Perdana Menteri Malaysia; ms, ڤردان منتري مليسيا, label= Jawi, script=arab, italic=unset) is the head of government of Malaysia. The prime minister directs the executive branch of the feder ...
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
The Dewan Rakyat (English: 'House of Representatives'; ) is the lower house of the bicameral Parliament, the federal legislature of Malaysia. The chamber and its powers are established by Article 44 of the Constitution of Malaysia. The Dewan R ...
'' (literally the "Chamber of the People") and the
upper house, the Senate or ''
Dewan Negara
The Dewan Negara (English: Senate; lit. "State Council") is the upper house of the Parliament of Malaysia, consisting of 70 senators of whom 26 are elected by the state legislative assemblies, with two senators for each state, while the othe ...
'' (literally the "Chamber of the Nation").
All seventy
Senate members sit for three-year terms (to a maximum of two terms); twenty-six are elected by the thirteen state assemblies, and forty-four are appointed by the King (''
Yang di-Pertuan Agong
The Yang di-Pertuan Agong (, Jawi: ), also known as the Supreme Head of the Federation, the Paramount Ruler or simply as the Agong, and unofficially as the King of Malaysia, is the constitutional monarch and head of state of Malaysia. The of ...
'') based on the advice of the Prime Minister.
The 222 members of the ''Dewan Rakyat'' are elected from single-member districts by
universal suffrage. The parliament follows a
multi-party system and the governing body is elected through a
first-past-the-post voting system.
Parliament has a maximum mandate of five years by law. The ''Yang di-Pertuan Agong'' may dissolve parliament at any time and usually does so upon the advice of the Prime Minister.
Executive
While the Monarch is the
head of state, real executive power is vested in the cabinet, led by the
prime minister as the
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 of Malaysia consists of the
Prime Minister as the head of the government, followed by the various ministers of the
Cabinet
Cabinet or The Cabinet may refer to:
Furniture
* Cabinetry, a box-shaped piece of furniture with doors and/or drawers
* Display cabinet, a piece of furniture with one or more transparent glass sheets or transparent polycarbonate sheets
* Filin ...
.
Judiciary
The highest court in the judicial system is the
Federal Court, followed by the
Court of Appeal
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of ...
, 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
A magistrates' court is a lower court where, in several jurisdictions, all criminal proceedings start. Also some civil matters may be dealt with here, such as family proceedings.
Courts
* Magistrates' court (England and Wales)
* Magistrate's Cour ...
, and
Courts for Children. Malaysia also has a Special Court to hear cases brought by or against all Royalty.
Head of state
The ''
Yang di-Pertuan Agong
The Yang di-Pertuan Agong (, Jawi: ), also known as the Supreme Head of the Federation, the Paramount Ruler or simply as the Agong, and unofficially as the King of Malaysia, is the constitutional monarch and head of state of Malaysia. The of ...
'' (,
Jawi: ), also known as the Supreme Head or the King, is the
constitutional monarch
A constitutional monarchy, parliamentary monarchy, or democratic monarchy is a form of monarchy in which the monarch exercises their authority in accordance with a constitution and is not alone in decision making. Constitutional monarchies dif ...
and
head of state of
Malaysia. The office was established in 1957, when the
Federation of Malaya
The Federation of Malaya ( ms, Persekutuan Tanah Melayu; Jawi: ) was a federation of what previously had been British Malaya comprising eleven states (nine Malay states and two of the British Straits Settlements, Penang and Malacca)''See'': ...
(now Malaysia) gained
independence
Independence is a condition of a person, nation, country, or state in which residents and population, or some portion thereof, exercise self-government, and usually sovereignty, over its territory. The opposite of independence is the st ...
from the
United Kingdom. The ''Yang di-Pertuan Agong'' is elected by the
Conference of Rulers, comprising the nine
rulers of the Malay states, with the office ''
de facto'' rotated between them, making Malaysia one of the world's few
elective monarchies. In accordance with Article 41 of the Constitution, the ''Yang di-Pertuan Agong'' is Commander-in-Chief of the
Malaysian Armed Forces
The Malaysian Armed Forces (: MAF; ms, Angkatan Tentera Malaysia; Jawi: ), are the armed forces of Malaysia, consists of three branches; the Malaysian Army, Royal Malaysian Navy and the Royal Malaysian Air Force. The number of MAF active per ...
. As such, he is the highest-ranking officer in the
military chain of command.
Head of government
The
Prime Minister of Malaysia
The prime minister of Malaysia ( ms, Perdana Menteri Malaysia; ms, ڤردان منتري مليسيا, label= Jawi, script=arab, italic=unset) is the head of government of Malaysia. The prime minister directs the executive branch of the feder ...
(
Malay: ''Perdana Menteri Malaysia'') is the indirect head of government (executive) of Malaysia. The Prime Minister is appointed by the ''Yang di-Pertuan Agong'', the head of state, who in His Majesty's judgment is likely to command the confidence of the majority of the members of that House of Representatives (''Dewan Rakyat''), the elected lower house of Parliament. The Prime Minister heads the
Cabinet
Cabinet or The Cabinet may refer to:
Furniture
* Cabinetry, a box-shaped piece of furniture with doors and/or drawers
* Display cabinet, a piece of furniture with one or more transparent glass sheets or transparent polycarbonate sheets
* Filin ...
, whose members are appointed by the ''Yang di-Pertuan Agong'', on the advice of the prime minister. The Prime Minister and his Cabinet shall be collectively responsible to Parliament. The
Prime Minister's Department (sometimes referred to as the Prime Minister's Office) is the body and ministry in which the Prime Minister exercises their functions and powers.
State governments
Each state government in Malaysia is created by its respective state constitution. Each state has a unicameral
state legislative chamber (Malay: ''Dewan Undangan Negeri'') whose members are elected from single-member
constituencies
An electoral district, also known as an election district, legislative district, voting district, constituency, riding, ward, division, or (election) precinct is a subdivision of a larger state (a country, administrative region, or other poli ...
.
State executive councils (''abbr.'' EXCO) of states of Malaya,
Cabinet of Sabah
The Cabinet of Sabah is a part of the executive arm of the Government of Sabah, Malaysia. The Cabinet consists of the Chief Minister, appointed by the Governor on the basis that he is able to command a majority in the Sabah State Legislative Asse ...
and
Cabinet of Sarawak are led by
Menteri Besar
In Malaysia, the Menteri Besar ( Jawi:منتري بسر; literally '' First Minister''), colloquially referred to as MB, is the head of government of each of nine states in Malaysia with hereditary rulers. For four states without a monarch, the ...
or
Chief Ministers in states without hereditary rulers,
who are state assembly members from the majority party in the state legislative chamber. They advise their respective
sultans
Sultan (; ar, سلطان ', ) is a position with several historical meanings. Originally, it was an Arabic abstract noun meaning "strength", "authority", "rulership", derived from the verbal noun ', meaning "authority" or "power". Later, it ...
or
governors. In each of the states with a hereditary ruler, the ''Menteri Besar'' is required to be a
Malay, appointed by the Sultan.
Local governments
The local government or local authority (Malay: ''kerajaan tempatan'' or ''pihak berkuasa tempatan'' (PBT)) is the lowest level in the system of government in Malaysia—after federal and state. It has the power to collect taxes (in the form of
assessment tax
A property tax or millage rate is an ad valorem tax on the value of a property.In the OECD classification scheme, tax on property includes "taxes on immovable property or net wealth, taxes on the change of ownership of property through inherit ...
), to create laws and rules (in the form of by-laws) 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 (President). Local government areas and the boundaries is usually consistent with
district
A district is a type of administrative division that, in some countries, is managed by the local government. Across the world, areas known as "districts" vary greatly in size, spanning regions or counties, several municipalities, subdivisions o ...
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
The Malaysian Armed Forces (: MAF; ms, Angkatan Tentera Malaysia; Jawi: ), are the armed forces of Malaysia, consists of three branches; the Malaysian Army, Royal Malaysian Navy and the Royal Malaysian Air Force. The number of MAF active per ...
are the
military body of Malaysia while the
Royal Malaysia Police are in charge of
law enforcement.
Legal system
The law of Malaysia is mainly based on the common law
legal system
The contemporary national legal systems are generally based on one of four basic systems: civil law, common law, statutory law, religious law or combinations of these. However, the legal system of each country is shaped by its unique history an ...
. This was a direct result of the colonisation of Malaya,
Sarawak
Sarawak (; ) is a state of Malaysia. The largest among the 13 states, with an area almost equal to that of Peninsular Malaysia, Sarawak is located in northwest Borneo Island, and is bordered by the Malaysian state of Sabah to the northeast, K ...
, and
North Borneo by
Britain
Britain most often refers to:
* The United Kingdom, a sovereign state in Europe comprising the island of Great Britain, the north-eastern part of the island of Ireland and many smaller islands
* Great Britain, the largest island in the United King ...
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 (criminal and civil) 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 (such as citizenship, defence, internal security, civil and criminal law, finance, trade, commerce and industry, education, labour, and tourism) whereas each State, through its Legislative Assembly, has legislative power over matters under the State List (such as land, local government, Syariah law and Syariah courts, State holidays and State public works). Parliament and State legislatures share the power to make laws over matters under the Concurrent List (such as water supplies and housing) but Article 75 provides that in the event of conflict, Federal law will prevail over State law.
Elections
Elections in Malaysia exist at two levels: national level and state level. National level elections are those for membership in the ''Dewan Rakyat'', the lower house of Parliament, while state level elections are for membership in the various State Legislative Assemblies. The head of the executive branch, the Prime Minister, is appointed among members of the winning coalition.
See also
*
Politics of Malaysia
Politics of Malaysia takes place in the framework of a federal representative democratic constitutional monarchy, in which the Yang di-Pertuan Agong is head of state and the Prime Minister of Malaysia is the head of government. Executive p ...
*
Cabinet of Malaysia
The Cabinet of Malaysia ( Malay: ''Jemaah Menteri Malaysia'') is the executive branch of the Government of Malaysia. Led by the Prime Minister, the cabinet is a council of ministers who are accountable collectively to the Parliament. According ...
*
Prime Minister of Malaysia
The prime minister of Malaysia ( ms, Perdana Menteri Malaysia; ms, ڤردان منتري مليسيا, label= Jawi, script=arab, italic=unset) is the head of government of Malaysia. The prime minister directs the executive branch of the feder ...
*
Deputy Prime Minister of Malaysia
*
Chief Secretary to the Government of Malaysia
*
List of federal ministries and agencies in Malaysia
References
External links
Government of Malaysia portal
{{Malaysian executive councils
Asian governments