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MALAYSIA
Federation of Malaysia
I. COUNTRY PROFILE (Common Law)
The Federation of Malaysia was established on August 31, 1957. The name “Malaysia”
was adopted on September 16, 1963. Malaysia is a parliamentary democracy with a
constitutional monarch. It is composed of 13 states and 3 federal territories. The official
language of Malaysia is Bahasa Melayu. Malaysia’s legal system is based on common law
tradition.
The Constitution is Malaysia’s foundational law. It separates governmental authority
between the legislative, executive, and judicial branches. Executive power is vested in the
Paramount Ruler (Yang di-Pertuan Agong), who is the head of state, and is exercised by the
Cabinet of Ministers headed by the Prime Minister.
The legislative power is vested in a bicameral Parliament (Parlimen) comprised of the
sixty-nine member Senate (Dewan Negara), of which forty-three are appointed by the Paramount
Ruler and twenty-six by the state legislatures, and the House of Representatives (Dewan Rakyat),
whose 193 members are directly elected by popular vote weighted toward the rural Malay
population to five-year terms. Parliament enacts legislation and may delegate authority to
subsidiary persons or bodies.
Judicial power is vested in the courts. The Federal Court is the highest court. Federal
Court Judges are appointed by the Paramount Ruler on the advice of the Prime Minister. The
court system below the Federal Court is organized in two branches. The highest court in the first
branch is the High Court of Malaya, under which are the Sessions Court, Magistrates Court, and
Penghulu’s Court. The highest court in the second branch is the High Court of Borneo, under
which are the native courts and Magistrates courts. In addition, Islamic law is an important
source of Malaysian law, but it is applicable to Muslims only and is administered by a separate
system of courts.
Internet Resources:
Parliament
http://www.parlimen.gov.my
Judiciary
http://www.kehakiman.gov.my
Prime Minister’s Office
http://www.jpm.my
II. CITATION GUIDE
1.0 Constitution
Civil Service
http://mcsl.mampu.gov.my
The Attorney General’s Chambers
http://www.ag.gov.my
The Federal Court Library
http://www.mahkamah.gov.my
Cite the Constitution by “Const.” or “Federal Constitution”, followed by “Art.” and article
referenced:
Federal Constitution, Art. 32(3).
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