DEMOCRACTIC SYSTEM IN MALAYSIA

CONSTITUTIONAL MONARCH

CONSTITUTIONAL MONARCH

• Malaysia is a monarchy• The Agong is a constitutional monarch –

He does not have absolute power except certain powers conferred by the constitution

• The Agong is elected every five years. • This system was the innovation of the

country’s first Prime Minister, Tunku Abdul Rahman

The Present MonarchHRH Yang diPertuan Agung Tuanku Syed Sirajuddin Ibni Al-Marhum Tuanku Syed Putra

Appointment of the Agong

• Only Sultans are eligible

• Is heading a state in Malaysia

• Is elected from the nine Sultans forming the Council of Rulers

• Is matured male, Malay and Muslim

• Is mentally sound

The Role of the Agong

• Holds executive authority in the Malaysian government’s three main organs

• Head of religion• Power of pardon• Proclamation of emergency• Appointments of persons of important

offices• Serves for five years• Supreme Commander of the Armed

Forces• Symbol of Honor and Dignity• Diplomatic Functions

His Discretionary Power• To appoint a Prime Minister

• To agree or reject dissolving the parliament as requested by the Prime Minister

• To request holding the Malay Rulers’ Meeting to discuss matters related to the status of the Malay rulers

• To confer the roll of honor

His Restrictions• Can not rule his own state unless

for –Head of Islamic matters–Amendment of state list–Conferring of roll of honor

• Can not leave the country for more than 15 days unless for official trip

• Can not hold any positions that pays salary or allowance

• Can not involve in business

• Can be tried in Royal court for personal misconduct

• Can not give royal pardon to himself, his Queen and sons but can be pardoned by the Conference of Rulers

RULERS IMMUNITY

• The Constitution is the highest law in Malaysia

• In Malaysia, the Parliament holds limited power

• The YDPA’s authority is also limited – as stated in the constitution

• Our constitution provides privileges to YDPA – immunity power

• In 1992 – due to an incident where a ruler punished a commoner – evoked a cause to revise the immunity power

• Under Article 181 (2) rulers’ immunity was too general - may be misused and abused that may weaken the status of the Malay Rulers

• The revised constitution stated the immunity of the YDPA is limited to official matters only

• Any personal action taken for personal interests is under the ruling of law

• All informal privileges not stated in Constitution should not be observed anymore