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Malaysia: Constitution And Legal System PDF Print E-mail

Malaysian Democracy

Malaysia has the longest serving democratically elected government in the world and is considered a model of political stability and an inspiration to other countires in Asia.

Malaysia is a constitutional monarchy nominally headed by paramount ruler and a bicameral Parliament consisting of a nonelected upper house and an elected lower house; all Peninsular Malaysian states have hereditary rulers except Melaka and Pulau Pinang (Penang); those two states along with Sabah and Sarawak in East Malaysia have governors appointed by the government

The powers of state governments are limited by federal constitution; under the terms of federation, Sabah and Sarawak retain certain constitutional prerogatives (e.g., the right to maintain their own immigration controls).

Sabah - holds 20 seats in House of Representatives and will hold 25 seats after the next election; Sarawak holds 28 seats in the House of Representatives

There are 13 states: Johor, Kedah, Kelantan, Melaka, Negeri Sembilan, Pahang, Perak, Perlis, Pulau Pinang, Sabah, Sarawak, Selangor, and Terengganu; and one federal territory (Wilayah Persekutuan) with three components, the City of Kuala Lumpur, Labuan, and Putrajaya

Independence

31 August 1957 (from the UK)

National Holiday

Independence Day/Malaysia Day: 31 August (1957)

Constitution

31 August 1957, amended 16 September 1963

Legal System

Based on English common law; judicial review of legislative acts in the Supreme Court at the request of the supreme head of the federation; Malaysia has not accepted compulsory ICJ jurisdiction

Voting Age

21 years of age; universal

Executive Branch

Head of State

Paramount Ruler Tuanku SYED SIRAJUDDIN ibni Almarhum Tuanku Syed Putra Jamalullail, the Raja of Perlis (since 12 December 2001)

Head of Government

Prime Minister ABDULLAH bin Ahmad Badawi (since 31 October 2003);

Deputy Prime Minister: Mohamed NAJIB bin Abdul Razak (since 7 January 2004)

The Cabinet is appointed by the Prime Minister from among the members of Parliament with the consent of the paramount ruler.

The paramount ruler is elected by and from among the hereditary rulers of nine of the states for five-year terms; an election was last held on 12 December 2001 (next to be held in2006). The prime minister is designated from among the members of the House of Representatives and following legislative elections, the leader of the party that wins a plurality of seats in the House of Representatives becomes prime minister

Election Results

Tuanku SYED SIRAJUDDIN ibni Almarhum Tuanku Syed Putra Jamalullail elected paramount ruler.

Legislative Branch

There is a bicameral Parliament or Parlimen consists of the Senate or Dewan Negara (70 seats; 44 appointed by the paramount ruler, 26 appointed by the state legislatures) and the House of Representatives or Dewan Rakyat (219 seats; members are elected by popular vote to serve five-year terms)

Elections

House of Representatives - last held 21 March 2004 (next must be held by 2009)

Election results: House of Representatives - percent of vote by party - BN 91%, DAP 5%, PAS 3%, other 1%; seats by party - BN 199, DAP 12, PAS 6, PKR 1, independent 1

Judicial Branch

Federal Court (judges appointed by the paramount ruler on the advice of the prime minister)

Political Parties and Leaders

Ruling-coalition National Front (Barisan Nasional) or BN, consisting of the following parties:

Gerakan Rakyat Malaysia Party or PGRM [LIM Keng Yaik];

Liberal Democratic Party (Parti Liberal Demokratik - Sabah) or LDP [CHONG Kah Kiat];

Malaysian Chinese Association (Persatuan China Malaysia) or MCA [ONG Ka Ting];

Malaysian Indian Congress (Kongresi India Malaysia) or MIC [S. Samy VELLU];

Parti Bersatu Pakyat Sabah or PBRS [Joseph KURUP];

Parti Bersatu Sabah or PBS [Joseph PAIRIN Kitingan];

Parti Pesaka Bumiputra Bersatu or PBB [Patinggi Haji Abdul TAIB Mahmud];

Parti Rakyat Sarawak or PRS [James MASING];

Sabah Progressive Party (Parti Progresif Sabah) or SAPP [YONG Teck Lee];

Sarawak United People's Party (Parti Bersatu Rakyat Sarawak) or SUPP [George CHAN Hong Nam];

United Malays National Organization or UMNO [ABDULLAH bin Ahmad Badawi];

United Pasokmomogun Kadazandusun Murut Organization (Pertubuhan Pasko Momogun Kadazan Dusun Bersatu) or UPKO [Bernard DOMPOK];

People's Progressive Party (Parti Progresif Penduduk Malaysia) or PPP [M.Keyveas];

Sarawak Progressive Democratic Party or SPDP [William MAWANI];

Opposition Parties

Democratic Action Party (Parti Tindakan Demokratik) or DAP [KARPAL Singh];

Islamic Party of Malaysia (Parti Islam se Malaysia) or PAS [Abdul HADI Awang];

People's Justice Party (Parti Keadilan Rakyat) or PKR [WAN AZIZAH Wan Ismael];

Sarawak National Party or SNAP [Edwin DANDUNG];

Opposition Coalition: Alternative Front (Barisan Alternatif) or BA consists of PAS and PKR

 

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