LAW, PRINCIPLES AND PRACTICE IN THE DEWAN RAKYAT (HOUSE OF REPRESENTATIVES) OF MALAYSIA

“[The oversight of executive functions is an] important role of the Parliament, in particular the Dewan Rakyat, … not much appreciated. It is hoped that the publication of this book will remedy that.”

From the Foreword by Tan Sri Zaharah Ibrahim, former Chief Judge of Malaya

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In the six decades as an independent nation, Malaysia has developed its own Parliamentary procedures, processes, conventions and practices. This book aims to be a comprehensive reference for parliamentaries, parliamentary officers, civil servants, serious scholars and researchers, and the general reader with a keen interest in parliamentary affairs. The contributors and editors have consciously chosen to analyse not only the laws of Parliament, but also the practices and the underlying principles underpining these laws and practices. The clear explanations and examples provided in this book are undoubtedly useful for the reader to understand each rule and practice better.

In keeping with the intent and scope of this book, its writing has included the necessary inputs and insights of a large pool of specialist contributors beyond the immediate walls of Parliament. Besides the Speaker, the Clerk of the Dewan Rakyat, senior officers in the Clerk’s Office, research officers and officers in the Speaker’s Office, the contributors alos include legal practitioners, members of academia, a politician and the Chairman of Elections Commission of Malaysia.

It is a collective insight, each chapter providing a specialised perspective which hopefully will make the book more relevant and useful to a broad range of readers.

• Introduction

PART 2 – THE CONSTITUTIONAL FRAMEWORK

• The Constitutional Position of Parliament
• Constitutional Supremacy: Theory vs Reality
• Between Washington and Westminster: Malaysia’s System of Parliamentary Government
• The YDPA and Parliament
• The Prime Minister and the Cabinet System
• The Electoral Process
• Caretaker Government

• The Functions of Parliament
• The Institutions of Parliament
• The Speaker’s Position and Functions
• The Role of the Secretary to Parliament
• The Administration of Parliament

• The Order of Business
• Question Time and Debates
• Motions
• Statements by Ministers
• Ordinary Legislative Process
• The Legislative Process for Financial Bills
• The Committee System
• The Special Chamber
• Caucuses and Parliamentary Friendship Groups

• Parliamentary Privilege, the Laws Governing Parliament and the Standing Orders
• Parliament and the Courts
• Parliament, Treaties and International Law

• Parliament and the Public
• Problems, Prospects and Proposals for Reform
• Conclusion