7 - Malaysia
The undermining of its fundamental institutions and the prospects for reform
Published online by Cambridge University Press: 01 June 2011
Summary
Introduction
Malaysia
Malaysia is geographically divided into two distinct regions: Peninsular Malaysia (also known as West Malaysia), and East Malaysia, which consists of the states of Sabah and Sarawak. The plurality of its society is reflected in the diverse range of laws that make up its legal system.
Malaysia is a constitutional monarchy. The Yang di-Pertuan Agong (or King) is the Supreme Head of the Federation. As the head of state, he is in charge of the three branches of government: the legislature, the executive and the judiciary. However, the King's discretion is very limited. He is obliged to act on the advice of the Cabinet or a Minister authorised by the Cabinet (usually the Prime Minister, who is the head of government) except as otherwise provided by the Federal Constitution.
The Conference of Rulers elects a Ruler as the King for five years. Each Malay State has a Ruler and each of the four states which were formerly British colonies – Malacca, Penang, Sabah and Sarawak – have a Governor (Yang di-Pertua Negeri). Although the head of state of his or her territory, under the Federal Constitution, each Ruler and Governor is nevertheless obliged to act on the advice of the State Executive Council or a member thereof. The Conference of Rulers consists of all the nine Rulers and four Governors. It is a highly influential body that provides an intimate link between the federal and state governments at the highest level.
- Type
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- Information
- Law and Legal Institutions of AsiaTraditions, Adaptations and Innovations, pp. 212 - 261Publisher: Cambridge University PressPrint publication year: 2011
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