Executive branch: (pemerintah tertinggi) | |
chief of state: King - Sultan MIZAN Zainal Abidin (since 13 December 2006); (the position of the king is primarily ceremonial)
head of government: Prime Minister Mohamed NAJIB bin Abdul Razak (since 3 April 2009); Deputy Prime Minister MUHYIDDIN bin Mohamed Yassin (since 9 April 2009)
cabinet: Cabinet appointed by the prime minister from among the members of Parliament with consent of the king
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elections: kings elected by and from the hereditary rulers of nine of the states for five-year terms; selection based on principle of rotation among rulers of states; election last held on 3 November 2006 (next to be held in 2011); prime minister designated from among the members of the House of Representatives; following legislative elections, the leader who commands the support of the majority of members in the House becomes prime minister (since independence this has been the leader of the UMNO party)
election results: Sultan MIZAN Zainal Abidin elected king | |
Legislative branch: (mengusulkan) | |
bicameral Parliament or Parlimen consists of Senate or Dewan Negara (70 seats; 44 members appointed by the king, 26 elected by 13 state legislatures to serve three-year terms with a two term limit) and House of Representatives or Dewan Rakyat (222 seats; members elected by popular vote to serve up to five-year terms)
elections: House of Representatives - last held on 8 March 2008 (next to be held by June 2013)
election results: House of Representatives - percent of vote - BN coalition 50.3%, opposition parties 46.8%, others 2.9%; seats - BN coalition 140, opposition parties 82 | |
Judicial branch: (menghakimi / melaksanakan) | |
civil courts include Federal Court, Court of Appeal, High Court of Malaya on peninsula Malaysia, and High Court of Sabah and Sarawak in states of Borneo (judges are appointed by the king on the advice of the prime minister); sharia courts include Sharia Appeal Court, Sharia High Court, and Sharia Subordinate Courts at state-level and deal with religious and family matters such as custody, divorce, and inheritance only for Muslims; decisions of sharia courts cannot be appealed to civil courts | |
Pasted from <https://www.cia.gov/library/publications/the-world-factbook/geos/my.html>
Legislative branch
The Parliament building in Kuala Lumpur
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 222 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.[citation needed] The national constitution, the nation's supreme law, can be amended by a two-thirds majority in parliament. (Since its formation, the BN has never lacked the necessary two-thirds until March 8, 2008's General Election) 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
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Judiciary of Malaysia
There are generally two types of trials, criminal and civil. The hierarchy of courts begins from the Magistrates' Court, Sessions Court, High Court, Court of Appeal, and finally, the Federal Court. The jurisdiction of the courts in civil or criminal matters are contained in the Subordinate Courts Act 1948 and the Courts of Judicature Act 1964. Article 121 of the Constitution provides for two High Courts of coordinate jurisdiction, the High Court in Malaya, and the High Court in Sabah and Sarawak. Thus this creates two separate local jurisdiction of the courts – forPeninsular Malaysia and for East Malaysia. The highest position in the judiciary of Malaysia is the Chief Justice of the Federal Court of Malaysia (also known as the Chief Justice of Malaysia), followed by the President of the Court of Appeal, the Chief Judge of Malaya, and the Chief Judge of Sabah and Sarawak. The superior courts are the High Court, Court of Appeal, and the Federal Court, while the Magistrates' Courts and the Sessions Courts are classified as subordinate courts.
The current President of the Federal Court is Justice Dato' Abdul Hamid Mohamad, the President of the Court of Appeal is Tan Sri Dato' Zaki bin Tun Azmi, and the Chief Judge of Malaya is Justice Dato' Alauddin Mohamad Sheriff. The current Chief Judge of Sabah and Sarawak is Justice Tan Sri Richard Malanjum (appointed 2006). Bypassing many other senior judges, Tan Sri Dato' Zaki was the first lawyer appointed directly to the Federal Court. After some 2 months as a sitting judge, Tan Sri Dato' Zaki was subsequently appointed as the President of the Court of Appeal.
[edit]Superior courts
[edit]Federal Court
Further information: Federal Court of Malaysia
The Federal Court is the highest court in Malaysia. The Federal Court may hear appeals of civil decisions of the Court of Appeal where the Federal Court grants leave to do so. The Federal Court also hears criminal appeals from the Court of Appeal, but only in respect of matters heard by the High Court in its original jurisdiction (i.e. where the case has not been appealed from the Subordinate Courts).
[edit]Court of Appeal
Further information: Malaysian Court of Appeal
The Court of Appeal generally hears all civil appeals against decisions of the High Courts except where against judgment or orders made by consent. In cases where the claim is less than RM250,000, the judgment or order relates to costs only, and the appeal is against a decision of a judge in chambers on an interpleader summons on undisputed facts, the leave of the Court of Appeal must first be obtained.The Court of Appeal also hears appeals of criminal decisions of the High Court. It is the court of final jurisdiction for cases which began in any subordinate courts.
[edit]High Courts
Further information: High Courts of Malaysia
The two High Courts in Malaysia have general supervisory and revisionary jurisdiction over all the Subordinate Courts, and jurisdiction to hear appeals from the Subordinate Courts in civil and criminal matters.
The High Courts have unlimited civil jurisdiction, and generally hear actions where the claim exceeds RM250,000, other than actions involving motor vehicle accidents, landlord and tenant disputes and distress. The High Courts hear all matters relating to:
- the validity or dissolution of marriage (divorce) and matrimonial causes,
- bankruptcy and matters relating to the winding-up of companies,
- guardianship or custody of children,
- grants of probate, wills and letters of administration of estates,
- injunctions, specific performance or rescissions of contracts,
The High Courts have unlimited jurisdiction in all criminal matters other than matters involving Islamic law. The High Courts have original jurisdiction in criminal cases punishable by death.
Cases are heard by a single judge in the High Court, or by a judicial commissioner. While High Court judges enjoy security of tenure, judicial commissioners are appointed for a term of two years, and do not enjoy similar protection under the Constitution.
An application for a judicial review is applied in this court.
[edit]Subordinate courts
The Magistrates' Courts and Sessions Courts in Malaysia have jurisdiction in both criminal and civil matters.
[edit]Sessions Courts
Somewhat like the former Quarter Sessions in England, the Sessions Courts have jurisdiction to try offences which are not punishable by death. They are presided over by Sessions Court judges (formerly Sessions Court Presidents).
The Sessions Courts also hear all civil matters of which the claim exceeds RM25,000 but does not exceed RM250,000, except in matters relating to motor vehicle accidents, landlord and tenant and distress, where the Sessions Courts have unlimited jurisdiction.
[edit]Magistrates Courts
Magistrates are divided into First Class and Second Class Magistrates, the former being legally qualified and having greater powers. Second Class Magistrates are now not normally appointed.
In criminal matters, First Class Magistrates' Courts generally have power to try all offences of which the maximum term of imprisonment does not exceed 10 years or which are punishable with fine only, but may pass sentences of not more than five years imprisonment, a fine of up to RM10,000, and/or up to twelve strokes of the cane. The Magistrates Courts hear all civil matters with less than RM25,000 in dispute. The Magistrates' Courts also hear appeals from the Penghulu's Courts.
[edit]Other courts
The court of a penghulu, or Malay village head, has the power to hear civil matters of which the claim does not exceed RM50, where the parties are of an Asian race and speak and understand the Malay language.
The Penghulu Court's criminal jurisdiction is limited to offences of a minor nature charged against a person of Asian race which is specially enumerated in his warrant, which can be punished with a fine not exceeding RM50.
In Sabah and Sarawak, there are no Penghulus' Courts, but there are instead Native Courts having jurisdiction on matters of native law and custom.
The Court for Children, previously known as the Juvenile Court, hears cases involving minors except cases carrying the death penalty, which are heard in High Courts instead. Cases for children are governed by the Child Act 2001. A child is defined as any person below the age of 18.
The Special Court was established in 1993 to hear cases of offences or wrongdoings made by a Ruler. A Ruler includes the Yang di-Pertuan Agong (King), the sultans of monarchical states in Malaysia, the Yang di-Pertua Negeri, and the Yang di-Pertuan Besar, i.e.: the head of states of Malaysia and its component states. Prior to this, a Ruler was immune from any proceedings brought against them in their personal capacity.[2]
[edit]Syariah Courts
There is a parallel system of state Syariah Courts which has limited jurisdiction over matters of state Islamic (sharia) law. The Syariah Courts have jurisdiction only over matters involving Muslims, and can generally only pass sentences of not more than three years imprisonment, a fine of up to RM5,000, and/or up to six strokes of the cane.
Pasted from <http://en.wikipedia.org/wiki/Judiciary_of_Malaysia>
Executive branch: chief of state: King - Sultan MIZAN Zainal Abidin (since 13 December 2006); (the position of the king is primarily ceremonial)
head of government: Prime Minister Mohamed NAJIB bin Abdul Razak (since 3 April 2009); Deputy Prime Minister MUHYIDDIN bin Mohamed Yassin (since 9 April 2009)
cabinet: Cabinet appointed by the prime minister from among the members of Parliament with consent of the king
elections: kings are elected by and from the hereditary rulers of nine of the states for five-year terms; selection is based on principle of rotation among rulers of states; election last held on 3 November 2006 (next to be held in 2011); prime minister designated from among the members of the House of Representatives; following legislative elections, the leader who commands the support of the majority of members in the House becomes prime minister (since independence this has been the leader of the UMNO party)
election results: Sultan MIZAN Zainal Abidin elected king
Definition: This entry includes several subfields. Chief of state includes the name and title of the titular leader of the country who represents the state at official and ceremonial functions but may not be involved with the day-to-day activities of the government. Head of government includes the name and title of the top administrative leader who is designated to manage the day-to-day activities of the government. For example, in the UK, the monarch is the chief of state, and the prime minister is the head of government. In the US, the president is both the chief of state and the head of government. Cabinetincludes the official name for this body of high-ranking advisers and the method for selection of members. Elections includes the nature of election process or accession to power, date of the last election, and date of the next election. Election results includes the percent of vote for each candidate in the last election.
Pasted from <http://www.indexmundi.com/malaysia/executive_branch.html>
Legislative branch: bicameral Parliament or Parlimen consists of Senate or Dewan Negara (70 seats; 44 appointed by the king, 26 elected by 13 state legislatures; serve three-year terms with limit of two terms) and House of Representatives or Dewan Rakyat (222 seats; members elected by popular vote; serve up to five-year terms)
elections: House of Representatives - last held on 8 March 2008 (next to be held by June 2013)
election results: House of Representatives - percent of vote - BN coalition 50.3%, opposition parties 46.8%, others 2.9%; seats - BN coalition 140, opposition parties 82
Definition: This entry contains information on the structure (unicameral, bicameral, tricameral), formal name, number of seats, and term of office. Elections includes the nature of election process or accession to power, date of the last election, and date of the next election. Election results includes the percent of vote and/or number of seats held by each party in the last election.
Pasted from <http://www.indexmundi.com/malaysia/legislative_branch.html>
Judicial branch: Civil Courts include Federal Court, Court of Appeal, High Court of Malaya on peninsula Malaysia, and High Court of Sabah and Sarawak in states of Borneo (judges are appointed by the king on the advice of the prime minister); Sharia Courts include Sharia Appeal Court, Sharia High Court, and Sharia Subordinate Courts at state-level and deal with religious and family matters such as custody, divorce, and inheritance only for Muslims; decisions of Sharia courts cannot be appealed to civil courts
Definition: This entry contains the name(s) of the highest court(s) and a brief description of the selection process for members.
Pasted from <http://www.indexmundi.com/malaysia/judicial_branch.html>
