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The Electoral System in Malaysia, Issues and Perspectives - Coggle Diagram
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Issues and Perspectives
Independence of the EC
- Due to its vast powers in determining conduct + outcome of elections, its imperative that EC is independent of pressure/influence from all parties
- Although EC is appointed by the YDPA, after consultation with Conference of Rulers, the YDPA is required to act on Cabinet's advice - Art 40(1)
- Appointment of members of the EC is not a matter on which the YDPA is authorised to act in his personal discretion under Art 40(2). Appointments also don't require Conference of Ruler's consent, merely to be consulted
Consequently, there's concerns as to the true independence of the EC from the executive - Harding p88-92
- The EC remains under the purview of the PM's department (the executive branch) and is reliant on Government for funding, administrative manpower + logistical support
- Constotutional requirement of Art 113(2) and provisions of security tenure [Art 113(3)] and security of remuneration [Art 113(5) and (6)] for the Election Commissioners themselves
- FC also precludes undischarged bankrupts, paid employees/office-holders, MP's or State Assemblymen from serving as Election Commissioners; Arts 113(4) and (5)
Other Issues and Perspectives:
- Transparency of political funding
- Recall elections for non-performing MPs / Assemblypersons
- The impact of technology on voting preferences
- Changes to the 1st past-the-post voting system
- Facilitating voting by absentee voters (postal ballots)
Conclusion
- Elections are meant to ensure that political party controlling the legislature (and indirectly the government) enjoys the consent of the governed
- Periodic elections are meant ot provide an avenue of accountability and to allow the governed to change their government, if necessary
- A genuine prospect of change of government can also exert a moderating influence on political discourse, as minorities who get outvoted on particular issues accept defeat as they anticipate that their opponents who do likewise if they lost the next election
- But in Malaysia, there's reservations as to the ability of the current electoral system to properly reflect the wishes of the governed
Maintaining + uplifting the integrity of the electoral system is needed to sustain public confidence in the democratic process
- Elections provide a regulated and peaceful avenue for citizens of a country to call government to account and if needed to change government