Judicial Authority

The judicial power in Malaysia is vested in the Supreme Court, the High Court of Borneo and subordinate courts as provided by federal law. The Head of the Judiciary is the Chief Justice of the Federal Court.

The Supreme Court has jurisdiction to determine the validity of any law made by Parliament or by a State legislature and disputes between States or between the Federation and any State. It also has the authority to interpret the Federal and State Constitutions.

Executive Authority

The executive authority of Malaysia is vested in the Yang di-Pertuan Agong by virtue of Article 39 of the Constitution. Every executive act of the federal Government flows from the Royal authority, whether directly or indirectly. Where Parliament vests powers in a Minister or other person, the vesting of that power only becomes effective when the Royal Assent has been accorded to a Bill enacted "with the advice and consent of Parliament.

The Cabinet may best be described as a committee whose membership is drawn from the majority party or coalition in Parliament. When the country is without a Government (as is the case immediately after the result of a general election has been declared) the Yang di-Pertuan Agong sends for a member of the new House of Representatives who, in his opinion, commands the confidence of that House, to form a Government.

On acceptance of this invitation, the person so called is appointed Prime Minister, and he submits to the Yang di-Pertuan Agong a list of his political colleagues who are prepared to accept ministerial responsibility. On the recommendation of the Prime Minister, the Yang di-Pertuan Agong appoints these persons (who must be members of Parliament and who can be drawn from either House) as Ministers of the Crown and members of the Cabinet.

Legislative Authority

Legislative authority is the power to make laws and also the power to raise taxes and authorize expenditure. At Federal level, legislative power is vested in a bicameral Parliament, headed by the Yang di-Pertuan Agong and comprises of the Senate and the House of Representatives.

Each state has unicameral legislature for which elections are held every five years.

The Processes

All hold office at pleasure, and may resign at any time; a Minister may be removed from office by the Yang di-Pertuan Agong on the recommendation of the Prime Minister. If the Prime Minister loses the confidence of the House of Representatives, he must tender his resignation and the resignation of the entire Cabinet to the Sovereign, and a new Cabinet is then formed by the same process.

If this is found impossible, the Yang di-Pertuan Agong may dissolve Parliament, whereupon fresh elections are held to ascertain the nation's wishes. Once again thereafter, the process of forming a Cabinet starts afresh. Between the dissolution of the old Parliament and the election of a new one, the former Cabinet continues to function, but by convention, the Ministers merely perform their bare statutory functions to keep the machinery of Government in motion, and work on a "caretaker" basis.

The Cabinet formulates the policy of the Government, and the implementation of policy is the individual responsibility of each Minister, assisted by the civil service. The Cabinet meets regularly, generally once a week, and although a formal agenda is prepared and adhered to, discussion is free and informal as compared with procedure in Parliament.

No specified number of Ministers is prescribed in the Federal Constitution, nor is the ministerial structure set out in detail. At present, there are twenty-three distinct portfolios.