The Government of Malaysia, officially the Federal Government of Malaysia ( ms, Kerajaan Persekutuan Malaysia), is based in the Federal Territory of Putrajaya with the exception of the legislative branch, which is located in

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Malaysia Malaysia ( ; ) is a country in Southeast Asia. The federation, federal constitutional monarchy consists of States and federal territories of Malaysia, thirteen states and three federal territories, separated by the South China Sea into two r ...

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 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 ...

under the Westminster system and is categorised as a

representative democracy Representative democracy, also known as indirect democracy, is a type of democracy where elected people represent a group of people, in contrast to direct democracy. Nearly all modern Western-style democracies function as some type of represe ...

. The federal government of

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 Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typic ...

under Article 127 of the Federal Constitution of Malaysia, and has three branches: executive,

legislature A legislature is an assembly with the authority to make law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its p ...

and

judiciary The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...

. 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, ...

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 dele ...

is the ultimate authority in Malaysia and located in Putrajaya. 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 fed ...

who is also known as the

head of government The head of government is the highest or the second-highest official in the executive branch of a sovereign state, a federated state, or a self-governing colony, autonomous region, or other government who often presides over a cabinet, ...

Legislature

The bicameral parliament consists of the lower house, the House of Representatives or '' Dewan Rakyat'' (literally the "Chamber of the People") and the

upper house An upper house is one of two chambers of a bicameral legislature, the other chamber being the lower house.''Bicameralism'' (1997) by George Tsebelis The house formally designated as the upper house is usually smaller and often has more restric ...

, the Senate or '' Dewan Negara'' (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 o ...

'') based on the advice of the Prime Minister. The 222 members of the ''Dewan Rakyat'' are elected from single-member districts by

universal suffrage Universal suffrage (also called universal franchise, general suffrage, and common suffrage of the common man) gives the right to vote to all adult citizens, regardless of wealth, income, gender, social status, race, ethnicity, or political stan ...

. The parliament follows a

multi-party system In political science, a multi-party system is a political system in which multiple political parties across the political spectrum run for national elections, and all have the capacity to gain control of government offices, separately or in ...

and the governing body is elected through a

first-past-the-post voting In a first-past-the-post electoral system (FPTP or FPP), formally called single-member plurality voting (SMP) when used in single-member districts or informally choose-one voting in contrast to ranked voting, or score voting, voters cast thei ...

system.

Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...

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 A head of state (or chief of state) is the public persona who officially embodies a state Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or representatitve of its international persona." in its unity and l ...

, real executive power is vested in the cabinet, led by the

prime minister A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister i ...

as the

; the Malaysian constitution stipulates that the prime minister must be a member of the lower house of

parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...

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 A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister i ...

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 East Malaysia (), or the Borneo States, also known as Malaysian Borneo, is the part of Malaysia on and near the island of Borneo, the world's third-largest island. Near the coast of Sabah is a small archipelago called Labuan. East Malaysia li ...

. 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

Kuala_Lumpur_Malaysia-Istana_Negara-Jalan-Duta-01

The ''

'' (, 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

. The office was established in 1957, when the Federation of Malaya (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 statu ...

from the

United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotlan ...

. 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 ''De facto'' ( ; , "in fact") describes practices that exist in reality, whether or not they are officially recognized by laws or other formal norms. It is commonly used to refer to what happens in practice, in contrast with ''de jure'' ("by la ...

'' 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. As such, he is the highest-ranking officer in the military chain of command.

Head of government

The

( 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, 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 polity ...

. State executive councils (''abbr.'' EXCO) of states of Malaya, Cabinet of Sabah and

Cabinet of Sarawak The Cabinet of Sarawak is the decision making organ of the executive branch of the Government of Sarawak, Malaysia. The cabinet consists of the Premier, appointed by the Governor on the basis that they are able to command a majority in the Sara ...

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 t ...

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 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), 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 county, counties, several municipality, municipa ...

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 while the Royal Malaysia Police are in charge of

law enforcement Law enforcement is the activity of some members of government who act in an organized manner to enforce the law by discovering, deterring, rehabilitating, or punishing people who violate the rules Rule or ruling may refer to: Education ...

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 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, ...

, 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 Malaysian may refer to: * Something from or related to Malaysia, a country in Southeast Asia * Malaysian Malay, a dialect of Malay language spoken mainly in Malaysia * Malaysian people, people who are identified with the country of Malaysia regard ...

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.

References

External links

Government of Malaysia portal
{{Malaysian executive councils Asian governments