Politics

The politics of Malaysia takes place in a framework of a federal parliamentary monarchy, whereby the Prime Minister of Malaysia is the head of government, and of a pluriform multi-party system. Executive power is exercised by the government. Federal legislative power is vested in both the government and the two chambers of parliament, the Senate (Dewan Negara) and the House of Representatives (Dewan Rakyat). Since independence, politics has been dominated by the Barisan Nasional (National Front) coalition led by the United Malays National Organisation (UMNO).

Although Malaysian politics has been relatively stable, critics allege that 'the government, ruling party, and administration...are intertwined with few countervailing forces.'

Executive Branch

Malaysia is a federal constitutional elective monarchy. It is nominally headed by the Paramount Ruler or Yang di-Pertuan Agong, commonly referred to as the King of Malaysia. Yang di-Pertuan Agong are selected for five-year terms from among the nine Sultans of the Malay states; the other four states, which have titular Governors, do not participate in the selection. The king also is the leader of the Islamic faith in Malaysia.

The system of government in Malaysia is closely modelled on that of Westminster parliamentary system, a legacy of British colonial rule. In practice however, more power is vested in the executive branch of government than in the legislative, and the judiciary has been weakened by sustained attacks by the government during the Mahathir era. Parliamentary elections are held at least once every five years, with the last general election being in March 2004. Since independence in 1957, Malaysia has been governed by a multi-racial coalition known as the Barisan Nasional (formerly the Alliance).

Executive power is vested in the cabinet led by the prime minister; 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.

Legislative Branch

The bicameral Parliament consists of the Senate (Dewan Negara) and the House of Representatives (Dewan Rakyat). 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 based on the advice of the Prime Minister.

The 219 members of the Dewan Rakyat are elected from single-member districts by universal adult suffrage. Parliament has a maximum mandate of five years by law. The king may dissolve parliament at any time and usually does so upon the advice of the Prime Minister. General elections must be held within three months of the dissolution of parliament. In practice this has meant that elections have been held every three to five years at the discretion of the Prime Minister.

Legislative power is divided between federal and state legislatures. Malaysia has two sources of law. The national constitution, the nation's supreme law, can be amended by a two-thirds majority in parliament. The second source of law is syariah (Islamic law), which applies only to Muslims. The federal government has little input into the administration of syariah; it falls to the states to implement Islamic law, and interpretations vary from state to state.

State Governments

The state governments are led by chief ministers (Menteri Besar or Ketua Menteri, the latter term being used in states without hereditary rulers), selected by the state assemblies (Dewan Undangan Negeri) advising their respective sultans or governors.

Legal System

The Malaysian legal system is based on English common law. However, most of the laws and the constitution are adapted from Indian law. The Federal Court reviews decisions referred from the Court of Appeals; it has original jurisdiction in constitutional matters and in disputes between states or between the federal government and a state. Peninsular Malaysia and the East Malaysian states of Sabah and Sarawak each has a high court.

The federal government has authority over external affairs, defence, internal security, justice (except civil law cases among Malays or other Muslims and other indigenous peoples, adjudicated under Islamic and traditional law), federal citizenship, finance, commerce, industry, communications, transportation, and other matters.