Executive

The Conference of Rulers can block constitutional amendments

(Art.159(5))

Executive authority vested in the Yang di-Pertuan Agong (YDPA), exercisable by him or Cabinet/Ministers.

Art.39

YDPA Acts on advice of Cabinet/Minister

Art.40(1), (1A).

YDPA May act in discretion undeR

Art.40(2).

decisions in YDPA’s name are governmental acts.

Merdeka University v Government of Malaysia

Power of Pardon: Pardon’s Board

42(1)–(12)

The Supreme Court held that the Pardons Board’s role is purely advisory.

The actual power to grant or reject a pardon lies exclusively with the Yang di-Pertuan Agong (King)

This executive power is not subject to judicial review,

Sim Kie Chon v Superintendent of Pudu Prison & Ors

Karpal Singh v Sultan of Selangor not bound to act on advice of Pardons

Where is Fed Gov found (formation)

43

• Stephen Kalong Ningkan

• Governor could only dismiss the Chief Minister if he lost confidence in the House and refused to resign or advise dissolution. The dismissal without a formal vote was declared void.

• Sultan can assess a Chief Minister’s confidence beyond just formal legislative votes, including from other credible sources or outside the legislature.

• YDPA’s discretion to assess confidence is not strictly limited to legislative proceedings.

Where to find State Execs

Art.71 & Eighth Schedule

• States must not impede federal law.?

Art 81