Separation of powers in Malaysia

Independence and the Making of Malaysia · Treatise · 6 min read

Power is Divided into Several Lists

The Federation is Not a Slogan. Its True Shape is Hidden in the Federal List, State List, and Concurrent List

Malaya is not a unitary state. Article 74 and the Ninth Schedule divide legislative powers into the Federal List, State List, and Concurrent List; Article 75 further stipulates that if a state law is inconsistent with a federal law, the federal law prevails to the extent of the inconsistency. These lists determine where matters like defense, foreign affairs, internal security, justice, land, local government, and Islamic affairs fall. This article reads only the institutional skeleton, without expanding on later state rights disputes.