Question

Explain the characteristics of a parliamentary government. (Malaysia)

Answer 1

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Malaysia practices Parliamentary Democracy with Constitutional Monarchy and His Royal Highness is the Paramount Ruler. The Federal Constitution was legislated with the setting up of conditions for this system to exist. One of the conditions of Parliamentary Democracy is the division of the administrative power into three parts, which are Legislative, Judiciary, and Administrative or Executive.

Below are the main characteristic of a parliamentary government- Malaysia

1) Malaysia is also a country that practices a system of Democracy based on the Federation system. In accordance to this, Perlis, Kedah, Pulau Pinang, Perak, Selangor, Negeri Sembilan, Melaka, Johor, Pahang, Terengganu, Kelantan, Sarawak and Sabah have agreed to the concept of the formation of the country of Malaysia.

2) Each state involved has surrendered part of its power, such as financial, defense, 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.

3) Malaysia a country with a Constitutional Monarchy, it is therefore allocated by the Constitution the institutions of Yang Di-Pertuan Agong, the Paramount Ruler, the hereditary rulers of the nine states and the Council of Malay Rulers. His Royal Highness has the power to safeguard the customs and traditions of the Malay people and the Administration of the Islamic Religion in each state. Seri Paduka Baginda Yang Di-Pertuan Agong is the Head of the Islamic Religion for the states of Pulau Pinang, Sabah, Sarawak and the Federal Territories.

4) Members of Parliament are permitted to speak on any subject without fear (Freedom) of censure outside Parliament; the only body that can censure an MP is the House Committee of Privileges. Parliamentary immunity takes effect from the moment a Member of Parliament is sworn in, and only applies when that member has the floor; it does not apply to statements made outside the House

5) The executive government, comprising the Prime Minister and his Cabinet, is drawn from the members of Parliament and is responsible to the Parliament. The Yang di-Pertuan Agong appoints the Prime Minister, who is the Head of Government but constitutionally subordinate to His Royal Highness, from the Dewan Rakyat. In practice, the Prime Minister shall be the one who commands the confidence of the majority of the Dewan Rakyat.

6) Although the judiciary is constitutionally an independent branch of the government, after the 1988 constitutional crisis, the judiciary was made subject to Parliament; judicial powers are held by Parliament, and vested by it in the courts, instead of being directly held by the judiciary as before. The Attorney-General was also conferred the power to instruct the courts on what cases to hear, where they would be heard, and whether to discontinue a particular case.

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