REFORMING SENATORIAL APPOINTMENTS IN THE DEWAN NEGARA

Author(s):

Lim Khai Ying and Prishanth Linggaraj

Despite being created with the purpose of ensuring oversight upon the popularly elected Dewan Rakyat, the Dewan Negara has been reduced to a mere rubber stamp over the decades. In order to reform the upper house and return it to a position of potency, this paper lays out several recommendations to improve upon the current system of senatorial appointment. This paper employs a legal doctrinal research methodology drawing from primary and secondary sources from a variety of legal jurisdictions, including a comparative legal analysis with the Republic of Ireland. First, the appointments made at the state level (which are currently done by the State Legislative Assemblies) are examined, and a system of direct elections is proposed as an alternative. Next, the paper focuses on the appointments made by the Yang di Pertuan Agong (King) - which are currently done upon the advice of the Prime Minister and the Cabinet of Ministers - and explains why these should be done using the Irish specialist vocational panel system instead.

Abstract

Screenshot 2018-11-11 at 4.19.27 PM.png

Dewan Negara, Senate, Elections, Political Reform, Federalism