Question 1
Discuss the concept of constitutional monarchy with reference to Malaysia
i. Constitutional monarchy in general
Constitutional monarchy can be described as a form of government in which a monarch acts as the head of state but functions within the parameters or guidelines of a written and/or unwritten constitution. Although the government may function officially in the monarch’s name, the monarch does not set public policies or choose the political leaders. Constitutional monarchy therefore differs from absolute monarchy where the monarch controls political decision making without being restricted by constitutional constraints. Consequently, a constitutional monarch has often been defined as a sovereign who reigns but does not rule. Constitutional monarchies have also been called limited monarchies, crowned republics or parliamentary monarchies.
It has been observed that most constitutional monarchies have a parliamentary system in which the monarch may have ceremonial duties or reserve powers according to the constitution. In the United Kingdom, the rights and duties of the head of state are established by conventions. These are non-statutory rules which are just as binding as formal constitutional rules. The monarch’s reserve powers include the power to grant pardons, bestow honours, appoint and dismiss a prime minister, refusal to dissolve parliament, and refusal or delay royal assent to legislation. Strict constitutional conventions govern the usage of reserve powers. If these powers are used in contravention of tradition, it will generally provoke a constitutional crisis.
In a constitutional monarchy, a directly or indirectly-elected prime minister will serve as the head of government and will exercise poli...
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... First, Performance Now’.
References
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Jali, N.H.M., M. Redzuan, A.A. Saman, and I.H.M. Rashid. 2010. Malaysian Studies: Nationhood and Citizenship. Petaling Jaya: Prentice Hall.
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http://www.theborneopost.com/2012/04/07/unique-constitutional-monarchy-in-malaysias-parliamentary-democracy-new/
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http://www.theborneopost.com/2013/10/17/strengthening-racial-integration-vital-for-national-unity-lam-thye/
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The Role and Powers of the UK Prime Minister Explain the factors which limit the way his/her power can be exercised
In Mellon’s article, several aspects are mentioned supporting the belief that the prime minister is too powerful. One significant tool the prime minister possesses is “… the power to make a multitude of senior governmental and public service appointments both at home and abroad,” (Mellon 164). Mellon goes on to state the significance the prime minister has when allowed to appoint the government’s key member...
...'Malley, (2007). The Power of Prime Ministers: Results of an Expert Survey.International Political Science Review. 28 (1), pp.7-27
The United States and the Netherlands are run by two different types of governments. While the United States is a republic, the Netherlands is a constitutional monarchy. But there is a big difference between a republic and a constitutional monarchy. In a republic, the people of the country elect a chief of state, which is commonly called the president. The people of the republic also elect representatives to help govern the nation (Merriam 627). On the other hand, in a constitutional monarchy with a parliament, as the Netherlands does, the monarch, whether it be a king or queen, is the head of state, but not the head of government. The head of government is placed in the hands of the prime minister. As in many cases, a constitutional monarchy may also have houses or chambers to help with legislation (“Background”). According to Richard Tames in Monarchy, a constitutional monarchy is a:
"THE RELIGION OF THE QUEEN - TIME FOR CHANGE." University of Queensland Law Journa (2011): n. pag. Web.The British monarchy is a system of government in which a traditional monarch is the sovereign of the United Kingdom out of the country territories, and holds the constitutional position of head of state. According to the article, the Queen's powers are exercised upon the suggestion of her prime minister. Moreover, she firmly reserves powers which she may exercise at her own discretion. The Queen has many theoretical personal advantages and disadvantages. One disadvantages was that UK prohibits her from get married with a catholic member either being a roman catholic. However, with the exception of the appointment of the major minister, which is done with every prime minister, there are few positions in modern British government where these could be justifiably exercised; they have rarely been exercised in the last century. These powers could be exercised in an emergency such as a constitutional
The Kingdom of Spain is a constitutional monarchy governed by the constitution approved in 1978 (The World Factbook). The executive branch of the state consists of a monarch and the Prime Minister (ibid.). The head of the state is a hereditary monarch, currently King Juan Carlos, who has right to approve laws, dissolve the legislative branch of government, propose a candidate for the post of the prime minister, and is also a head of military force (The Columbia Encyclopedia, The World Factbook). Nevertheless, the King and royal family do not govern the state but rather act as official figureheads (Issues in Context Online Collection). The prime minister is the head of government, currently Mariano Rajoy (ibid.). Spain is one of the bicameral legislative states, that is, the National Assembly is subdivided into the Congress of Deput...
A system of government in which one person reigns, usually a king or queen. The authority, or crown, in a monarchy is generally inherited by the eldest son. The ruler, or monarch, is often only the head of state, not the head of governme
Since the 1950s there has been a rise in the power of the Prime Minister, specially Crossman in 1962 and Benn, who in 1979 referred to “a system of personal rule in the very heart of our Parliamentary democracy”. As Britain has remained the “world’s most successful representative democracy”. The role of the executive has significantly increased at a great deal since the end of World War 2, however, the outward dangers of a supplementary individual hegemony attached to the Prime Minister shouldn’t be overemphasized. Although the modern examples of Margaret Thatcher and Tony Blair whose styles of leadership have each been labelled as presidential. In this essay I will be assessing the four main prime minister’s power and if his or her powers constrained under the British system. For instances, the power of patronage, cabinet power, the party leadership and the mass media. These are four main factors of the prime minister and its effectiveness can be argued.
The word ‘constitution’ is commonly used to describe a written legal document that embodies a set of rules and principles that ‘establish and regulate or govern the government’ of a country. The United Kingdom, however, does not have such a document.
The concept of parliamentary political system was rooted in 1707 of Great Britain; the word derives from ‘parley’, a discussion. It was used to describe meetings between Henry III and noblemen in the Great Council (Szilagyi, 2009). It was originated in British political system and is often known as the Westminster model as it was used in the Palace of Westminster. It became influential throughout many European nations later in the 18th century (Smith, 2010). Countries with parliamentary systems are either constitutional monarchies such as the United Kingdom, Denmark, Australia, and Canada or parliamentary republics such as Greece, India, Ireland and Italy (McTeer, 1995). The parliamentary type of government is known for its three distinctive features; first, executive is divided into the head of state and the head of government, they are independently elected forming a dual executive; second, the fusion of ...
Lastly, but most importantly, understanding the culture and its background provides a valuable insight and an ‘umbrella theme’ of a country. According to Geert Hofstede’s Cultural dimensions, Malaysia has one of the highest power distance index in the world, with one of the lowest uncertainty avoidance index. It is highly related to the beliefs of Islam and this creates a society where leaders have virtually ultimate power and authority, and the rules, laws, and regulations developed by those in power, reinforce their own leadership and control. It is not unusual for new leadership to arise from armed insurrection – the ultimate power, rather than from diplomatic or democratic change .
The royal prerogative is a source of constitutional law; it is derived from common law powers that have been handed down from the monarchy to the executive. The significance of the prerogative in constitutional law is that it provides the executive with considerable power to act without following ‘normal’ parliamentary procedures. As Dicey explained, the prerogative is ‘every act which the executive government can lawfully do without the authority of an Act of parliament’.
Hefner, R. W. (2001). The politics of multiculturalism: Pluralism and citizenship in Malaysia, Singapore, and Indonesia. Honolulu: University of Hawaii Press.
Monarchy is a type of government that still exists in today’s world. Monarchy is government where one person is in charge of everything, and they know as monarch and when a monarch die, the son or daughter of the monarch takes control, (Monarchy 1). There are few countries where monarch is the head of state and few countries where monarch has no power they are just there for tradition. There are eleven countries where monarch is the head of ...
In a Parliamentary system there is a power concentration instead of division of powers. The Legislature is the greatest power, the government and the executive branch is dependent on Parliament. In contrast to Presidential systems, parliamentary and semi-presidential democracies have Legislative responsibility. Legi...