Malaysian Studies

Chapter 4:System & Structure of Administration

(Part 1)

What Makes a Government / Nation?

4 things to have to be recognized as a government / nation:

TerritoryPeople

A legitimate governing body or governing system

Sovereignty

Types of Governments

7 basic typesFederation, Union, Confederation, Republic,

Monarchy, Democratic and Autocratic

Note: A country may use a combination of several different systems in their government

Types of Governments

Federation

Union of several statesCentral government holds more authority

than State governmentEverything in the country is standardized

(education, defense, finance)Malaysia, USA, India, Canada, Brazil

Types of Governments

Union

Same as federation with a few exceptions:Central government holds all the powers

State governments – no powersBritain, Malayan Union

Types of Governments

Confederation

Unity of several statesHowever, the state governments holds all

the powers – no Central governmentNot stable, non exists now

The Old American government (circa 1860s), German Empire

Types of Governments

Republic

One dominant individual or one political party holds power

Usually two very strong political party vying for power

People choose President, no KingChina, Philippines, France, Singapore, USA,

former Iraq

Types of Governments

Monarchy

King holds powerOriginal-no political party and no electionsNow-King’s powers limited by Constitution

and ParliamentMalaysia, Britain

Types of Governments

Democratic

People are given the power to choose their leadersEquality

Public Elections – won by simple majority or ratio majority

Malaysia, Singapore, USA, Britain, India

Types of Governments

Autocratic

Nationalism-basedLimited or no political competitiveness

Generally, threats and extortion are used to gain people’s support

No freedom of mediaJudicial body controlled by government

Former Iraq, Myanmar

Malaysia’s System & Structure of Government

Parliamentary democracyState and Federal Government

System – divisions in government, with each division has specific functions and roles to

playStructure – Strata of each division which

works to maintain and render the administration more efficiently

Practices Separation of Power Doctrine

Power Separation Doctrine

Idealized by MontesquieuTo function properly, a government must be

separated into 3 free bodiesLegislative, Executive and Judiciary

The doctrine aims to avoid and eliminate any chances of power monopoly ever happening

Note: This doctrine is not 100% applied in the real world

Power Separation Doctrine

LegislativeDraw up, amend and pass laws

In Malaysia, there is a slight difference as the Executive body draws up laws on

behalf of the Parliament and State Legislative Assembly (delegated

legislation)2 levels – State Legislative Assembly and

Parliament

Power Separation Doctrine

Executive

Power to govern (State and Federal)Carry out matters involving governing,

implementing laws passed by LegislativeNot involved with affairs of Judiciary and

LegislativePrime Minister’s Department, Ministries,

Departments and local governments (DBKU, MBKS), Police, Customs

Power Separation Doctrine

Judiciary

Defends the supremacy of the Constitution and defends justice

Ensure no abuse of power in Executive and no strong power overlap between

Executive and LegislativeDecide validity and annul laws that are

above the ConstitutionHigher, Lower, Special & Tribunal Courts

Some Important Terms on Malaysian Governance

ConstitutionConstitutive Monarchy

Parliamentary DemocracyPublic Election

Constitution

Highest law of any countryEverything is bound to the limitations set in

the Constitution2 forms – Federal & State

Malaysia’s Federal Constitution – 15 Sections, 183 Articles, 13 Schedules

Constitutive Monarchy

Yang Di Pertuan Agong (YDPA) is the Head of State, the highest member of the Executive

bodyHowever, the Prime Minister and his Cabinet

carries the YDPA’s executive task on his behalf

Parliamentary Democracy

“Chosen by the people for the people”A system of democratic governance through

a representative (Y.B.s)Representatives selected by the people in Public Elections to represent them in the

GovernmentMalaysia uses this system due to British

encouragements and the multiracial nature of our people

Public Election

A mechanism that protects the practice of democratic government

Acts a the official medium for the people to voice out their feelings regarding the past

leadership and their hopes for the next3 types – General Election, By-Election and

Local Government General ElectionGeneral Election held every 5 years or less,

depending on PM

Conclusion

A Nation / Government must fulfill a few requirements to be recognized as one

Malaysia practices Constitutive Monarchy and Parliamentary Democracy

The Federal Constitution is the highest form of law in any country

Public Elections are tools to practice democracy

Malaysian Studies

Chapter 4:System & Structure of Administration

(Part 2)

Malaysia’s Administration Structure

Malaysia is a Federation Government and uses the Parliamentary Democracy,

underlined by the Federal Constitution to manage the country’s affairs

The Administration has its own system and comprises of the a set of components to

ensure everyone gets their job done

Yang Di-Pertuan Agong

The Yang Di-Pertuan Agong (YDPA) is the chief head of state in Malaysia

Top of the line, the highest “legally-powered” man in Malaysia

YDPA is above the 3 governing bodies (L.E.J)Rules Malaysia according to the Federal

Constitution

Yang Di-Pertuan Agong

Symbol of the people’s unity and legitimacy of the law

Selected among the 9 Malay SultanUsually once in a lifetime, for 5 years

YDPA has many powers and limitations set by the Constitution, such as..

YDPA’s Legal PowersAppoint PM and his ministers

Accepts / denies dissolution of ParliamentCall for The Council of Rulers’ meetingsOpens and closes Parliament sessions

heads of the Malaysian Federation ArmyLeader for Islam in non-Sultan states

Reserve the right to get information on country’s governance from PM and his

ministers

YDPA’s Power Limitations

Cannot use his state executive powers except as Leader of Islam

Must not hold a paid job / pensionMust not be in business

Cannot leave Malaysia >15 days unless on official matters or with approval from

The Council of RulersMust not commit criminal acts under

Malaysian lawsCan be tried by under Section XV of the

Constitution in a special court

Deputy Yang Di-Pertuan Agong

“Back-up” YDPAPerforms YDPA’s duties and responsibilities in

YDPA’s absence

The Council of Rulers

Mainly known to us as Majlis Raja-RajaMembers:7 Sultans

Yang Dipertuan Besar Negeri SembilanRaja Perlis

Yang Dipertua Negeri Pulau Pinang,Sabah & Sarawak

+PM, MB & CM of each state

The Council of Rulers

Main tasks:Appoints the YDPA and his deputy

Discuss national issuesDiscuss Malay Rulers matters

Approves / disapproves laws that require their approval

Grants pardon, postpones or commutes sentences to civilians

Prime Minister

Chief of the CabinetChosen among the members of House of

RepresentativesCan lead the government only if he has the confidence of a substantial number of the members of the House of Representatives

If a vote of no confidence is achieved, the PM must resign as stated in Article 43(4)

The Cabinet

Headed by PM and his ministersPrimary role – determine the government’s

policies and to issue directives for their implementation by the government

administrative machinery at Federal and State levels

Acting as an advisory body to the YDPA

Conclusion

Each member of the government’s administrative system has an important role

to playAll of these roles and responsibilities are as stated in the Malaysian Federal Constitution