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The document discusses various constitutional conventions in Malaysia between the King and Prime Minister, the Prime Minister and Cabinet, and other conventions. Key points include: the King can act at his discretion on four matters and the Prime Minister has exclusive audience with the King; the Prime Minister must be Malay, deputies are conventional, and the Prime Minister establishes advisory bodies; Cabinet aims for representation of all states and the Prime Minister is not bound by Cabinet advice. Other conventions include terminology like "Bumiputras" and leadership representation in states. While Malaysia is a UN member, it has not ratified some conventions like the 1951 Refugee Convention, but has accepted refugees like 3,000 Syrians.
Исходное описание:
this contents show the conventions that are available in Malaysia
The document discusses various constitutional conventions in Malaysia between the King and Prime Minister, the Prime Minister and Cabinet, and other conventions. Key points include: the King can act at his discretion on four matters and the Prime Minister has exclusive audience with the King; the Prime Minister must be Malay, deputies are conventional, and the Prime Minister establishes advisory bodies; Cabinet aims for representation of all states and the Prime Minister is not bound by Cabinet advice. Other conventions include terminology like "Bumiputras" and leadership representation in states. While Malaysia is a UN member, it has not ratified some conventions like the 1951 Refugee Convention, but has accepted refugees like 3,000 Syrians.
The document discusses various constitutional conventions in Malaysia between the King and Prime Minister, the Prime Minister and Cabinet, and other conventions. Key points include: the King can act at his discretion on four matters and the Prime Minister has exclusive audience with the King; the Prime Minister must be Malay, deputies are conventional, and the Prime Minister establishes advisory bodies; Cabinet aims for representation of all states and the Prime Minister is not bound by Cabinet advice. Other conventions include terminology like "Bumiputras" and leadership representation in states. While Malaysia is a UN member, it has not ratified some conventions like the 1951 Refugee Convention, but has accepted refugees like 3,000 Syrians.
Most constitutional convention of the Westminster Parliament apply in Malaysia
Article 40(2) allows the Yang Di-Pertuan Agong
to act in his discretion on four matters. The Prime Minister also has an exclusive right of audience with the Yang Di-Pertuan Agong.
Between PM and Cabinet
It is accepted politically that PM must be a Malay even though not required by law. Creation of Deputy of PM is entirely conventional. The frequency of cabinet meetings, the appointment of cabinet committees, the establishment of such advisory bodies as the National Economic Action Council are all based on conventional prerogatives of the PM.
Cabinet ministers are chosen in such a way
that all states of the federation are represented in the cabinet. It is generally agreed that the Prime Minister is not bound by the advice of the cabinet and can present his colleagues with a fait accompli e.g. Anthony Eden's unilateral decision to invade Egypt over the Suez crisis.
The procedure for the passing of Bills is based partly
on constitutional requirements in Articles 66, 68, 38(4), 159, and 161E and partly on the internal rules (Standing Orders) and conventions of the Houses. The allocation of time to the opposition during question time and debate; the giving of a separate office and staff to the Leader of the Opposition; and the representation of the opposition on parliamentary committees is entirely conventional. The great tradition of Question Time in the two Houses and the establishment of House Committees is entirely conventional. Unlike the UK, our Ministers and Deputy Ministers answer questions and participate in debates even in the House to which they do not belong.
Other Conventions
The Constitution talks of "Malays" and "Natives of
Sabah and Sarawak". But we have created a conventional category of "Bumiputras". Likewise the description of Bahasa Melayu as Bahasa Malaysia is purely conventional. In Sabah and Sarawak, when Governors and Chief Ministers are appointed, efforts are made to ensure that one is a Malay and the other a nonMalay native. As Penang is a non-Malay majority state, the Barisan Nasional traditionally appoints a non-Malay to be Chief Minister and a Malay to be his Deputy.
At international level, Malaysia is a member
of United Nation. But still, Malaysia does not ratify certain conventions. For example, Malaysia does not ratify 1951 Refugee Convention and its 1967 Protocol. But in the meantime, Malaysia has opened its door to refugees The PM gave his commitment to accept about 3,000 Syrian refugees in the next 3 years in his speech at UN General Assembly.