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ADMINISTRATIVE MACHINERY OF MALAYSIA FEDERALISM
Transcript of ADMINISTRATIVE MACHINERY OF MALAYSIA FEDERALISM
NURUL ZAIDAH MOHD SA'AD
AMIRAH AQILAH MOHD ZAKARIA
FEDERALISM IN MALAYSIA
Basic Features of Federalism
Administrative Machinery in Malaysia :
ADMINISTRATIVE MACHINERY OF MALAYSIA FEDERALISM
( FEDERAL, STATE AND LOCAL GOVERNMENT LEVEL)
Definition of Federalism
Negeri Sembilan’s loose arrangements of nine different localities under Yamtuan Besar.
The office of the
Yamtuan was seen as the unifying symbol, but such
arrangement was not
qualified to be called
was unofficially began
with the traditional federation
of Negeri Sembilan.
The earliest form of federalism in Malaysia
System of government where there is one strong, central controlling authority, or the principles of a political party called the federalist.
‘Federal’ is derived from the Latin
which means a covenant.
Politically and subsequently partnership
relationships between individuals and families,
leading to the formation of body politic and
between bodies politic, leading to the
formation of a compound politic.
System in which the power to govern is shared
between national and state governments,
creating what is often called a federation.
Proponents of this concept are often called federalist.
1) Division of
power based on
2) The authority of a government is supreme
in at least one or
more areas that are
assigned to it.
3) Both level of government
have direct relations
with its citizens.
4) Both level of government
draw their legitimacy
from the peoples
5) Either level of
cannot change this
arrangement by itself
6) Each government exist
in its own rights and authority.
Constitutional monarchy and a parliamentary democracy
The Head of State
of the federation is the
Yang di-Pertuan Agong
(Paramount Ruler) and
as the head of government.
The federal government adopts the
principle of separation powers and
has three branches :
1) The Executive
2) The Legislative
3) The Judiciary
The Executive Branch
Consists of the Prime Minister as
the head of the government, followed by the various ministers of the Cabinet.
Does not have the right to intervene in the Legislative or Judicial branches of the State.
Function of the
Yang Di-Pertuan Agong
1) Given the right to
on the advice of
the Prime Minister.
2) YDPA to act on advice of the Cabinet or of a Minister acting under the general authority
of the Cabinet.
the YDPA shall be the
of the armed forces
of the Federation.
Article 43 (1),
the YDPA shall appoint
a Cabinet Ministers
to advise him in
the exercise of
Function of The Cabinet
body in Malaysia
to all decisions
made by the Cabinet.
Set the annual budget
and financial plan
and to take any
Responsible to generate,
change or terminate
Consists of the :
Yang Di-Pertuan Agong (YDPA)
House of Senate
House of Representative
YDPA has the power
to call for meeting of the
“Conference of Rulers”
Functions of Parliament :
1) Regulate or introduce law
2) Have the power to control over executive
3) Determine the financial field 4) As a debating arena
The House of Senate
Debate various proposals
Federal Constitution is deemed as the supreme law of the country.
Two categories of membership :
1) Appointed by each state assembly
2) Appointed by the YDPA
House of Representative
1) Consists of 222 members
2) All members are elected by the people
3) Headed by Speaker (Yang DiPertuan) and assisted by 2 Deputy Speakers.
4) Main members are Prime Minister, Ministers and Deputy Ministers of various ministries of government.
5) Introduced new policies and programs for the development and benefits of the public.
Yang Di-Pertua Negeri
State Executive Council
(Majlis Mesyuarat Kerajaan Negeri) /Exco
State Legislative Assembly (DewanUndanganNegeri)
1) Executive power is exercised by
the federal government and
13 state governments
and three Federal Territories
2) The right to rule over its territory and gives it more authority and power over planning and administration of state development plans and projects.
3) Encouraging the state government
to be more responsible and
accountable in all state matters
4)Types of state level departments :
The extension of federal level departments
Agencies that located in the states
1) Ruler in every states use the different of title
2) Article 70(1) & , article 71(1) of the Federal Constitution
3) Roles :
a) As head of religion,
customs in their own states
b) Have power to appoint the Chief Minister in their respective states
c) To withhold the consent to
dissolve the state legislature
d) Giving the approval or assent to every state legislation passed by state
1) The Ruler of the state appoints
firstly the chief of ministers from the members of legislative assembly
2) In party system, this will normally be a person from the majority party or a coalition
3)Peninsular Malaysia-Majlis Mesyuarat Kerajaan.
4) Sarawak-Majlis Tertinggi Negeri or State’s Supreme Council
Sabah-Sabah State Cabinet
5) Role :
Deciding the direction of the state
Decide the policies of the state and pass them down to the Exco Committee
Help the state in making important decision
Monitor the implementation of state’s policies
acts as advisor to the ruler or Yang di-PertuaNegeri
1) Acts as the legislative branch of government at state level
2)The members of state assembly comprises the elected representatives whom win during the state election
3) Federal Constitution Articles 71, 74 and 77
4) The assembly has the power to enact the law as provided in the Constitution of Malaysia.
5) After the law pass by the state assembly it must be assented to the King/Sultan/YamtuanBesar/Yang di-PertuaNegeri.
Llistens, debates and draws up the acts of the state for application in the states named enactments.
1) The third tier of government
2) Definition : As a subsystem operating within or among a number of other subsystems.
3) Refers as the collectively to administrative authorities over areas that are smaller than a state.
4) Local government represents the government of urban and rural area which has an independent legal existence
Several features of local government :
1) Infra-sovereign whereby it is eligible to the local law.
2) Local government is a separate legal entity which means that it is an independent body although it is a part of the government
3) Has its own territory whereby the border is officially recognized and divided by the law equally.
4) Local state government have certain autonomy and wide powers to control the local authorities and to ensure their effectiveness and efficiency.
1) City Hall (1 Kuala Lumpur City Hall)
“City hall” normally refers to the building which houses a city council instead of the local authority itself
Kuala Lumpur City Hall is the local council charged with the administration of Kuala Lumpur and it is an agency under the Federal Territories Ministry of Malaysia.
2)City Council (11 State Capital)
Local governments administrating a city served by the mayors.
serve a population of more than 50,000 in a predominantly urban area.
3) Municipal Council (36)
Local government of a municipality and it is led by presidents
Municipal refers to the institutions of various countries
Municipal council can be upgraded to city council once they satisfy the required criteria.
4) District Council (96)
Council and it is elected democratically to act as a government for small municipalities.
Led by a president appointed by the state government.
Can be upgraded to Municipal council
Types of local governments in Malaysia
2) Discretionary function :
a) Not mandatory by laws.
b) Depends on the competency of the local government
c) Discretionary functions.
FUNCTIONS OF LOCAL GOVERNMENT
Responsible for :
1) Public health and sanitation
2)Waste removal and management
3) Town planning
4) Environmental protection
5) Social and economic development
6) General maintenance functions of urban infrastructure.
Functions of local government
can be divided into two :
1) Obligatory function :
a) Mandatory by laws.
those laws that must be obeyed.
b) The council must apply the functions because they are under a duty to do so by law.
1) Federal system of government are that was ensures that government
remains close to the people.
2) Encourages development of the nation in a decentralized and regional
manner and allows for unique methods in order to settling the social, economic
and political problems.
1) Lead to duplication of government and inefficient of policies in different parts of
2) Lead to inequality between the states and lead to unhealthy competition between them.
1) Body that posses
and carry out judicial function
for the country
2) Had no power to regulate law or carry out executive power.
3) Supreme Court is the highest court in Malaysia and Yang DiPertuan Kehakiman is the Chief Justice of the Supreme Court
4) Possess judicial power
and carry out judicial
function for the country
5) Separate entity and free to make judicial decisions accordingly.
6) Types of court :
a) Federal Court
b) Court of Appeal
c) High Court
d) Session Court
e) Magistrate Court