Module 4 Parliament Democracy

L-030-3
Level 3,
Module 4, Parliamentary Democracy
07.02

1. Explanation to tourist about the system of government in Malaysia concerning Parliamentary democracy.

Malaysia practices Parliamentary Democracy and 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.
Malaysia is also a country that practices a system of democracy based on the Federation system. In accordance to this, Perlis, Kedah, Penang, 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.
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 or commonly known in Malay as “Kerajaan Pusat” which is also the Federal Government.
There are matters that are under the power of the state and each state administers the power over those matters. For the state it will be administered by the State Government.
When the majority of the people choose a party from among the contesting parties in an election (and the party then forms the government) it means the voters have certain expectations that the candidate that had been elected to office will carry out. This candidate whom had been successful elected is known as Yang Berhormat is a Member of Parliament.

The party that wins the election and forms the government should fulfil the party’s promises and manifesto proclaimed in the election campaign. If a political party and its coalition were able to secure or wins 2/3 of the Parliamentary seats, they are able to form the Federal Government.

At the state level, elected representatives of the people sit in the State Legislative Assembly of each state. At the federal or national level, elected Members of Parliament sit in the Dewan Rakyat or House of Representatives to debate the issues and proposes for solution on behalf of the voters or “ rakyat” which refers to the public in general.

There are two types of general election. First, the general election for the whole country, held once in every 5 years. The next is the by-elections, also considered a general election because the concept of the election itself constitutes the choosing of a representative by the public citizens for the Parliament and the State Legislative Assembly.

There are clear differences between the two types of election. The first type is only held after Parliament or the State Legislative Assembly is dissolved.

The by-elections do not involve the dissolution of any of the assembly nor do they follow a fixed schedule. The by-election is held in event that a certain member which was elected to office passed away or resigned from his position as an elected Member of Parliament or State Assemblyman.

The general election is usually held every 5 years. Prior to carrying out the election, the Yang di-Pertuan Agung must dissolve the Parliament on the advice or at the request of the Prime Minister.

This occurs at the federal level. At the State level, a general election is held after the State Legislative Assembly is dissolved by the Ruler or Yang Dipertua Negeri at the request of the Menteri Besar or Chief Minister.


2. Brief description of the Parliament of Malaysia, the national legislature of Malaysia on the Dewan Rakyat and Dewan Negara.


The Dewan Rakyat which literally means “Hall of the People" or House of Representatives is the lower house of the Parliament of Malaysia. All bills or proposals must usually be passed by both the Dewan Rakyat and the Dewan Negara (the Senate), before they are given Royal Assent by the Yang di-Pertuan Agong (Monarch). Members of the Dewan Rakyat are often referred to as Members of Parliament or MPs. Like the Dewan Negara, the Dewan Rakyat meets at the Malaysian Houses of Parliament in Kuala Lumpur.

As the ultimate legislative body in Malaysia, Parliament is responsible for passing, amending and repealing acts of law. It is subordinate to the Head of State, the Yang di-Pertuan Agong (the King), under the Constitution.
Parliament's members are permitted to speak on any subject without fear of censure outside Parliament; the only body that can censure an MP is the House Committee of Privileges.

The Dewan Negara which literally means "National Hall" or Senate is the upper house of the Parliament of Malaysia. The Senate consists of 70 members, of which 26 are indirectly elected by the states, with two senators for every state in the Federation, and the other 44 being appointed by the Yang di-Pertuan Agong (King). The Senate reviews legislation that has been passed by the lower house of Parliament, the Dewan Rakyat; both meet at the Houses of Parliament in the capital city of Kuala Lumpur. Both houses must pass a bill before it can be sent to the King for royal assent; however, if the Dewan Negara rejects a bill, it can only delay the bill's passage by a year (at the most) before it is sent to the King.
Originally, the Senate was meant to act as a check on the Dewan Rakyat, and also to represent the interests of the various states. However, the original Constitution which provided for a majority of state-elected Senators has since been modified to make those appointed by the King in the majority.The Senate may initiate legislation, provided it does not deal with financial matters. Any proposed legislation must first be passed by the Dewan Rakyat. Then it is presented to the Dewan Negara in three readings. At the first, the legislation's proposer presents it to the assembly. At the second, the bill is debated. At the third, a vote is taken whether to pass or re