Topic 2a Malaysia Government Sistem Amp Adminstrative Structure

MALAYSIA GOVERNMENT SISTEM & ADMINSTRATIVE STRUCTURE (PART 1)*

Topic Learning Objectivesunderstand forms of Government around the world.understand the establishment of the Malaysian Federal Government system.understand the concept of separation of power in Malaysia.identify the functions and power of the legislative, executive and judiciary branches in the Malaysian Federal and States Government system.discuss how the segregation of power and duties among the branches and levels of government enhances the effectiveness and efficiency of the government empowerment.

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MALAYSIA GOVERNMENT SISTEM & ADMINSTRATIVE STRUCTUREFORMS OF GOVERNMENT WORLDWIDE

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Forms of GovernmentGovernment PowerExamplesFederalismPower to govern & legislate is shared betw. National & central governments.US, Australia, Malaysia, IndiaConfederationPower to govern & legislate is central govs responsibility. National gov. power is limited.Northern German Confederation 1867 & proclamation of German Empire 1871.UnitaryPower to govern & legisltae is national govs responsibility.Great Britain, Denmark, Indonesia.

MALAYSIA GOVERNMENT SISTEM & ADMINSTRATIVE STRUCTUREDemocracy

Monarchy

Autocratic

DictatorGOVERNMENT SYSTEMS WORLDWIDE

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Introduction

Malaysian is a country that practices:- Federalism form- Democracy and Monarchy system - Concept Separation of Power Headed of country is YDPA with limited ruling power.There are 3 levels of government:FederalStatesLocal *

Separation of PowersMalaysian practiced separation of power where nobody in government structure should have absolute power.Separation of power are divided into two; Between branches (Legislative, Executive, Judiciary).Between level of government (Federal, State, Local)Those in the Legislative body should not be in the Executive or Judiciary or vice versa.Federal and State government have a clear power and responsibilities as stated in the 9th schedule of FC. Objective is to ensure justice and fair government and to avoid injustice & cruelty in governmentPowers of Federal government are divided into 3 main branches:Legislative bodyExecutive bodyJudiciary body

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The Concept of Separation of Powers Between Branches

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MALAYSIA GOVERNMENT SISTEM & ADMINSTRATIVE STRUCTUREEXPLAIN THE THREE TYPES OF GOVERNMENT POWERS

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MALAYSIA GOVERNMENT SISTEM & ADMINSTRATIVE STRUCTUREEXPLAIN THE THREE TYPES OF GOVERNMENT POWERS- Yang Di Pertuan Agong

Supreme Head of Malaysia.Elected from one of the Sultan of the 9 states which are Perlis, Kedah, Perak, Selangor, N. Sembilan, Johor, Pahang, Terengganu & Kelantan.Every act flows from his authority on the advice of Parliament & Cabinet.Appointment of Prime Minister.Appoints the Judges of Federal Court & High Courts.*


- Legislative Powers

Has the power to:Make new laws Amend Repeal existing lawsLevy taxes Change existing taxes, & Sanction expenditure of public moneyThe legislative authority is formally vested by: ARTICLE 44 of the FEDERAL CONSITUTION in the PARLIAMENT

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- Legislative Powers

However, Parliament MAY DELEGATE Its law-making powers to other bodies or persons.Constitutionally, the Parliament consists of the YANG DI-PERTUAN AGUNG & the two Houses of Parliament known as the SENATE (Dewan Negara) & the HOUSE OF REPRESENTATIVES (Dewan Rakyat). At the Federal level, it is vested in the PARLIAMENT.At the State level, it is vested in the STATE LEGISLATIVE ASSEMBLY.

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- Executive Powers

power to formulate policies (implemented by the Government administrative agencies). Executive powers is vested in the Yang Di-Pertuan Agung & exercisable by him or the cabinet led by the Prime Minister (Article 39 of the Federal Constitution ).The MALAYSIAN CONSTITUTION stipulates that the Prime Minister must be a member of the LOWER HOUSE OF PARLIAMENT.In the opinion of the Yang Di-Pertuan Agung must commands a majority in Parliament.The Cabinet is chosen among members of both Houses of Parliament & is responsible to that body.At State level, it is in the hand of the RULER OF THE STATE & exercisable by him or by the Executive Council (Exco).

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- Judicial Powers

Power to hear & determine civil & criminal matters between two parties. To pronounce on the legality of any legislature or executive act & procedures.The law also confers on the JUDICIARY the authority to interpret the Federal & State Constitution.The Head of the Malaysian Judiciary is the CHIEF JUSTICE.His appointment is made by HIS MAJESTY THE YANG DI-PERTUAN AGUNG on the advice of the PRIME MINISTER & after consulting with the CONFERENCE OF RULERS.Similarly for other appointments of the Judiciary such as that of:The President of the Court of Appeal, The two Chief Judges, The judges of the Federal Court, the Court of Appeal & the High Courts

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- JUDICIAL POWERS

Under the Federal Constitution of Malaysia, the Prime Minister shall consult the Chief Justice, the President of the Court of Appeal & the two Chief Judges, before he tenders, his advice in appointing a judge to the Federal Court, the Court of Appeal & the High CourtsThere are other courts outside the above hierarchy such as the Special Courts, the Penghulus Courts & the Native Courts*

Separation of Power Characteristics*

Separation of PowersThe Concept of Separation of PowersLegislative PowersDraw up, amend and pass laws.Known as Legislative Body (Federal) and State Legislative Assembly (State).Federal Constitution permits the Cabinet (the Executive) to draw up, amend and pass the laws on behalf of Parliament to be enforces by the minister or executive officer. Known as delegated legislation.The laws drawn must have the consent of the Yang di-Pertuan Agong (Federal) and Sultan or Yang Di Pertuan Negeri (State).Executive PowersHas the power to govern (federal or state level).Responsible for carrying out the matters of governing and administration.Role of implementing the laws that have been passed by the legislative body in Parliament (Federal) or State Legislative Assembly (State).At the Federal level is known as the Cabinet and at the state level as the State Executive Council.Judicial PowersInstitution that defends the supremacy of the Constitution and sees to the balance of power between the Executive and the Legislative bodies.To defend justice and carrying out its duties of respecting the sovereignty of the countrys laws.The judgments and punishments decided do not take into account nor are they influenced by the status, rank, race, religion or descent of the individual.

State Government System*

MALAYSIA GOVERNMENT SISTEM & ADMINSTRATIVE STRUCTUREthe chief executive for the respective State that rules the State based on the act and advice principle.powers of the Ruler/Sultan are:The appointment of the Menteri Besar.The refusal to assent to the request for dissolving the State Legislative Assembly.The request for the Rulers Council to meet and discuss the special rights, position, sovereignty and supremacy of the Rulers or issue pertaining to religious acts, practices and ceremonies.Whatever duty as head of the Islamic religion or Malay customs.The appointment of the heir or queen, the acting Ruler or the Acting Rulers Council.The appointment of people holding ranks, titles, honours and destinations according to Malay customs and determining the duties concerned.Making rules relating to the royal audience hall and the palace.

MAIN INSTITUTION AT STATE GOVERNMENT

- Sultan/ Yang DiPertua Negeri*

MALAYSIA GOVERNMENT SISTEM & ADMINSTRATIVE STRUCTUREThe State Legislature body is the State Legislative Assembly (DUN). The members comprises of elected representatives from single-member constituencies during the state elections. The power, duties and membership of the State Legislative Assembly is fixed by the State Constitution (Articles 71, 74 and 77 of FC)the State Legislative Assembly functions are to listen, debates and lastly draws up the enactment of the State for application in the States. The State Assembly also can pass laws relating to the joint list which regard to the matters commonly shared between the Federal and State Governments.


- State Legislative*

MALAYSIA GOVERNMENT SISTEM & ADMINSTRATIVE STRUCTUREMembershipsThe Ruler/Sultan or Yang Dipertua Negeri.State Legislative Council members chosen through an independent general election.State Secretary, the state Legal Advisor and the state Finance Officer. They are not involved in the sanctioning of the enactments or state laws.


- State Legislative (contd)*

MALAYSIA GOVERNMENT SISTEM & ADMINSTRATIVE STRUCTUREconsists of the Ruler or Sultan or Yang di-Pertua Negeri and the State Executive Council which is headed by the Chief Minister or the Menteri Besar.


- State Executive Body*

MALAYSIA GOVERNMENT SISTEM & ADMINSTRATIVE STRUCTUREheaded by a Menteri Besar or Chief Minister. This administrative body is also known as State Executive Council in Peninsular; Cabinet in Sabah; and Supreme of Council in Sarawak. not only the body that handles each State in Malaysia, but it also acts as an advisor to the Ruler or Yang Dipertua Negeri and responsible for forming various State laws and policies.


- State Executive Council (EXCO)*

MALAYSIA GOVERNMENT SISTEM & ADMINSTRATIVE STRUCTUREDEFINE THE RELATIONSHIP BETWEEN FEDERAL & STATE GOVERNMENT

PART VI OF THE FEDERAL CONSTITUTION of Malaysia provides detailed mattes on the relationships between the Federal Government & the State Government.The scope can be discussed under the distribution of legislative powers, executive powers & financial matters

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MALAYSIA GOVERNMENT SISTEM & ADMINSTRATIVE STRUCTUREDEFINE THE RELATIONSHIP BETWEEN FEDERAL & STATE GOVERNMENT

In 9th Schedule of Federal Constitution set out a Federal List, State List & Concurrent List (Example as below)Article 74 of the Federal Constitution of Malaysia provides that Parliament may make laws with respect to any of the matters enumerated in the Federal list or the concurrent listA State Legislature may make laws with respect to any of the matters enumerated in the State list or the concurrent list

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MALAYSIA GOVERNMENT SISTEM & ADMINSTRATIVE STRUCTUREDEFINE THE RELATIONSHIP BETWEEN FEDERAL & STATE GOVERNMENT- DISTRIBUTION OF LEGISLATIVE POWERS

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Federal ListState ListConcurrent ListEducationForestry & agricultureScholarshipDefenseLandSocial welfareHealthState holidayTown & country planningInternational Trade & IndustryIslamic revenue, e.g. zakat fitrah & baitulmalDrainage & irragation

MALAYSIA GOVERNMENT SISTEM & ADMINSTRATIVE STRUCTUREDEFINE THE RELATIONSHIP BETWEEN FEDERAL & STATE GOVERNMENT- DISTRIBUTION OF LEGISLATIVE POWERSWith respect to Article 74 of the Federal Constitution both the Federal & the State Governments are empowered to enact any of the matters in the concurrent list.Article 75, further stipulates that if any State law is inconsistent with the Federal law, then the later shall prevail.Furthermore, Article 76 of the Federal Constitution stipulated that: parliament may make law with respect to any matter enumerated in State list but only for: For the purpose of implementing any treaty, agreement or convention between the Federation or any other country, or any decision of an international organization of which the Federation is a member orFor the purpose of promoting uniformity of the laws of two or more states, orIf so requested by the Legislative Assembly of any state.

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MALAYSIA GOVERNMENT SISTEM & ADMINSTRATIVE STRUCTUREDEFINE THE RELATIONSHIP BETWEEN FEDERAL & STATE GOVERNMENT- DISTRIBUTION OF EXECUTIVE POWERSArticle 80 of the Federal Constitution of Malaysia, extends: the executive authority of the Federation to all matters with respect to which Parliament may makes laws, whilst; The executive authority of a State covers all matters to which the State Legislature may makes laws.A RESTRICTIVE PROVISION IN Article 80 (2) states that the executive authority of the Federation does not extend to any matters enumerated in the State list except for the purpose of:Conducting enquiries, surveys & collection of statistics related to state matters.

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MALAYSIA GOVERNMENT SISTEM & ADMINSTRATIVE STRUCTUREDEFINE THE RELATIONSHIP BETWEEN FEDERAL & STATE GOVERNMENT- DISTRIBUTION OF EXECUTIVE POWERSA RESTRICTIVE PROVISION IN Article 80 (2) states that the executive authority of the Federation does not extend to any matters enumerated in the State list except for the purpose of:Conducting enquiries, surveys & collection of statistics related to state matters;Assisting the states in conducting research, the provision & maintenance off experimental & demonstration stations, the giving of advise & technical assistance to any State Government & providing education, publicity & demonstration for the inhabitants of any state in respect of any States subject (Article 95 of the Federal Constitution; Inspection of State activities (Article 94).

Article 81 of the Federal Constitution, provides that the State are obligated to Federation in making sure of compliance with any Federal laws applying to that state, & not to impede or prejudice the exercise of the executive authority of the Federation.

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MALAYSIA GOVERNMENT SISTEM & ADMINSTRATIVE STRUCTUREDEFINE THE RELATIONSHIP BETWEEN FEDERAL & STATE GOVERNMENT- FINANCIAL RELATIONSHIPThe financial relationship between the Federal & the State Governments will be discussed in three matter as follows:FEDERAL & STATE REVENUESEXPENDITURE & FINANCIAL COMMITMENTSBORROWING POWERS

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MALAYSIA GOVERNMENT SISTEM & ADMINSTRATIVE STRUCTUREDEFINE THE RELATIONSHIP BETWEEN FEDERAL & STATE GOVERNMENT- FINANCIAL RELATIONSHIP

FEDERAL & STATE REVENUES

According to Article 110 of the Federal Constitution:Each state shall receive all proceed from taxes, fees & other sources of revenues specified in Part 111 of the Tenth Schedule of the Federal Constitution.Receive 10% or greater amount of the export duty on tin produced in the State.Receive some proportions of export duty on mineral produced in State.However, any items assigned may be replaced subject to the agreement of the National Finance Council.The Federal Government also provides financial assistance to the State Government in the forms of grants.Article 109 of the Federal Constitution requires the Federal Government to provide capitation grant & state road grants to each state annually.

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MALAYSIA GOVERNMENT SISTEM & ADMINSTRATIVE STRUCTUREDEFINE THE RELATIONSHIP BETWEEN FEDERAL & STATE GOVERNMENT- FINANCIAL RELATIONSHIPEXPENDITURE & FINANCIAL COMMITMENTS

Both Federal Government & the State Government are required to cover their own expenditures.The types of expenditure include: charged expenditure supply expenditure development expenditureWhen there are instances that a State are unable to cover their development expenditure for state roads, agriculture, forestry, drainage & irrigation projects, the Federal Government will finance some of it but on a reimbursable basis.

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MALAYSIA GOVERNMENT SISTEM & ADMINSTRATIVE STRUCTUREDEFINE THE RELATIONSHIP BETWEEN FEDERAL & STATE GOVERNMENT- FINANCIAL RELATIONSHIPBORROWING POWERS

Article 111 of the Federal Constitution restricts the borrowing power of the Federation & States.This provision prohibits the Federation from borrowing except under the authority of Federal Law.State Government may not borrow except under the authority of State Law.The State Laws on the other hand, shall not authorized a State to borrow except:From the Federation, orFor a period not exceeding 5 years, from a bank or financial institutions approved for that purpose by the Federal Government. For Sabah & Sarawak, Article 112A, 112B & 112C of the Federal Constitution provide that they may borrow under the authority of State Law within the State, if the borrowing has the approval of the Central Bank.

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Election

Is the process to determine the candidate or party that wins in order to form a government.Tools of elections in democracy system: - The political parties- The candidates- Campaign, banners, ballot boxes, ballot papers and the constituency. Types of elections:- General election - By-election.Election Commission is the body that is responsible for managing and administering the elections.*

*With reference to The Federal Constitution of Malaysia, the power of the Federation is divided into 3:Legislative powerExecutive powerJudiciary power

The concept of separation of powers occurs at both Federal & State levels & forms the basis for government administrationThis concept is intended to prevent anyone in the administration of the country from having absolute powerAND members in the legislature should not interfere in the matters of the executive nor the judiciary or vice versa (TO ENSURE A JUST & FAIR GOVERNMENT & TO AVOID INJUSTICE)

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Topic 2a Malaysia Government Sistem Amp Adminstrative Structure

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