Chapter 5 - Public Administration in Malaysia-210314_031441

8/12/2019 Chapter 5 - Public Administration in Malaysia-210314_031441

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Chapter 5:

Public Administration in Malaysia

KLB 2213: Introduction to Public Administration


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Introduction

Malaysia is a federation of 13 states, with threeterritories.

The Federation of Malaysia is a constitutionalmonarchy.

The executive part of the government is governed by aprime minister and cabinet members

Legislative power is divided between federal and state

legislatures.The federal parliament consists of the lower house (House

of Representative) and the upper house (Senate)

Each state has a State Legislative Assembly


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Malaysias System and Structure of

Government

System refers to the division, each of which

has a function and a role to play.

In the context of the government it refers to

the system of government.

The structure of a government refers to the

stratifications in which each division works to

maintain the efficient administration of the

country.


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The countrys system of

government has three

basic bodiesSeparation of powers

political doctrine underwhich the branches of

government are keptdistinct, to preventabuse of power.

This separation ofpowers is widely knownas "checks andbalances."

Executive

JudiciaryLegislative

Figure: Separation of Powers

Doctrine


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The Parliamentary and Presidental

Types of Chief Executive

Parliamentary Executives

Power is vested in the office at the

Prime Minister who is the leader

at the majority party in legislature. The head of government and head

of state is different person and

their function also different.

Head of State who is the Chairman

of the advisory board while

Head of Government is the

chairman of an active committee

or party.

Presidential Executives

The real executive power lies in

the office of the President who is

directly elected by people. The Head of Government and

Head of State is the same person.


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The Authority Hierarchy of Malaysia

Government SystemsYang di-Pertuan

Agong

Legislative

Parliament

House of

RepresentativeSenate

Executive

Cabinet

Ministries

Departments and

GovernmentBodies

Judiciary

Courts

Council of Rulers

Figure: Federal Government Administrative System


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The structure of the countrys government and

administration is divided into two levels

Federal

Government

Administer the whole of Malaysia Federation through the

powers embodied in the Malaysia Constitution

State

Government

Empowered to rule and manage the administration at the

state level with power invested by the Malaysia

Constitution

Local

Government

Responsible on the local affairs aspect set by the state

and federal government.


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The Jurisdictions (Lists) of the Federal

Government and The State Government

The Ninth Schedule of the Federal Constitution states that: Legislative power is shared between the Federal

Government and State Government

Systematically distributes in the

Federal List (First List)deals with the portfolio and jurisdiction of the Federal

Government

State List (Second List)

deals with the local State Government authority and

jurisdictionConcurrent List (Third List)

deals with the jurisdiction and authority of both Federal andState Government power over certain matters


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The Jurisdictions (Lists) of the Federal

Government and The State Government


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The Legislative Power

The Federal List covers the areas of external affairs, defense,

internal security, civil and criminal war, citizenship, finance,commerce and industries, shipping, communication, health andlabor.

The State List comprises areas of land, agriculture, forestry, local

government, Muslim Law and several others.

In the Concurrent List, the areas covered are governed by both theFederal Government and the State Government and include socialwelfare, scholarship, wildlife protection, and town and countryplanning. It should be noted, however, that should any dispute arise

in these areas or there be any inconsistency among them, theFederal law takes precedence over State law.


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Examples of Federal-State Relations in

Action As a Malaysian citizen, you get to vote for the person you want to

represent you in the Dewan Rakyat (lower house or house ofreperesentative). This person is your Member of Parliament. If you live inone of the 13 States in Malaysia, you also get to vote for the person youwant to represent you in the State Legislative Assembly. This is your StateAssemblyman.

The crime rate in your neighborhood has increased. You want to knowwhat the police are doing to solve the problem. Who should you go to your State Assemblyman, or your Member of Parliament?

Under the Constitution, police and internal security are matters in theFederal List, so you should ask your Member of Parliament to ask theHome Minister in Parliament about what the police are doing.


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The Issue:

The jurisdiction between Federal, State and

Local Government seems different.

However, the jurisdiction and portfolio of local

authorities sometimes clashes with the

authority of the Federal Government.

What are your comments towards this

statement?

Chapter 5 - Public Administration in Malaysia-210314_031441

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