1. Chapter 4: System & Structure of Administration (Part 1)
Malaysian Studies
Chapter 4:
System & Structure of Administration
(Part 1)

2. What Makes a Government / Nation?
4 things to have to be recognized as a government / nation:
Territory
People
A legitimate governing body or governing system
Sovereignty

3. Types of Governments 7 basic types
Federation, Union, Confederation, Republic, Monarchy, Democratic and Autocratic
Note: A country may use a combination of several different systems in their government

4. Types of Governments Federation Union of several states
Central government holds more authority than State government
Everything in the country is standardized (education, defense, finance)
Malaysia, USA, India, Canada, Brazil

5. Types of Governments Union Same as federation with a few exceptions:
Central government holds all the powers
State governments – no powers
Britain, Malayan Union

6. Types of Governments Confederation Unity of several states
However, the state governments holds all the powers – no Central government
Not stable, non exists now
The Old American government (circa 1860s), German Empire

7. 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 King
China, Philippines, France, Singapore, USA, former Iraq

8. Types of Governments Monarchy King holds power
Original-no political party and no elections
Now-King’s powers limited by Constitution and Parliament
Malaysia, Britain

9. Types of Governments Democratic
People are given the power to choose their leaders
Equality
Public Elections – won by simple majority or ratio majority
Malaysia, Singapore, USA, Britain, India

10. Types of Governments Autocratic Nationalism-based
Limited or no political competitiveness
Generally, threats and extortion are used to gain people’s support
No freedom of media
Judicial body controlled by government
Former Iraq, Myanmar

11. Malaysia’s System & Structure of Government
Parliamentary democracy
State and Federal Government
System – divisions in government, with each division has specific functions and roles to play
Structure – Strata of each division which works to maintain and render the administration more efficiently
Practices Separation of Power Doctrine

12. Power Separation Doctrine
Idealized by Montesquieu
To function properly, a government must be separated into 3 free bodies
Legislative, 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

13. Power Separation Doctrine
Legislative
Draw 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

14. Power Separation Doctrine
Executive
Power to govern (State and Federal)
Carry out matters involving governing, implementing laws passed by Legislative
Not involved with affairs of Judiciary and Legislative
Prime Minister’s Department, Ministries, Departments and local governments (DBKU, MBKS), Police, Customs

15. 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 Legislative
Decide validity and annul laws that are above the Constitution
Higher, Lower, Special & Tribunal Courts

16. Some Important Terms on Malaysian Governance
Constitution
Constitutive Monarchy
Parliamentary Democracy
Public Election

17. Constitution Highest law of any country
Everything is bound to the limitations set in the Constitution
2 forms – Federal & State
Malaysia’s Federal Constitution – 15 Sections, 183 Articles, 13 Schedules

18. Constitutive Monarchy
Yang Di Pertuan Agong (YDPA) is the Head of State, the highest member of the Executive body
However, the Prime Minister and his Cabinet carries the YDPA’s executive task on his behalf

19. 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 Government
Malaysia uses this system due to British encouragements and the multiracial nature of our people

20. 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 next
3 types – General Election, By-Election and Local Government General Election
General Election held every 5 years or less, depending on PM

21. 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

22. Chapter 4: System & Structure of Administration (Part 2)
Malaysian Studies
Chapter 4:
System & Structure of Administration
(Part 2)

23. 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

24. 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

25. Yang Di-Pertuan Agong
Symbol of the people’s unity and legitimacy of the law
Selected among the 9 Malay Sultan
Usually once in a lifetime, for 5 years
YDPA has many powers and limitations set by the Constitution, such as..

26. Appoint PM and his ministers
YDPA’s Legal Powers
Appoint PM and his ministers
Accepts / denies dissolution of Parliament
Call for The Council of Rulers’ meetings
Opens and closes Parliament sessions
heads of the Malaysian Federation Army
Leader for Islam in non-Sultan states Reserve the right to get information on country’s governance from PM and his ministers

27. YDPA’s Power Limitations
Cannot use his state executive powers except as Leader of Islam
Must not hold a paid job / pension
Must not be in business
Cannot leave Malaysia >15 days unless on official matters or with approval from The Council of Rulers
Must not commit criminal acts under Malaysian laws
Can be tried by under Section XV of the Constitution in a special court

28. Deputy Yang Di-Pertuan Agong
“Back-up” YDPA
Performs YDPA’s duties and responsibilities in YDPA’s absence

29. The Council of Rulers Mainly known to us as Majlis Raja-Raja Members:
7 Sultans
Yang Dipertuan Besar Negeri Sembilan
Raja Perlis
Yang Dipertua Negeri Pulau Pinang,Sabah & Sarawak +
PM, MB & CM of each state

30. The Council of Rulers Main tasks: Appoints the YDPA and his deputy
Discuss national issues
Discuss Malay Rulers matters
Approves / disapproves laws that require their approval
Grants pardon, postpones or commutes sentences to civilians

31. Chosen among the members of House of Representatives
Prime Minister
Chief of the Cabinet
Chosen among the members of House of Representatives
Can 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)

32. The Cabinet Headed by PM and his ministers
Primary 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

33. Conclusion
Each member of the government’s administrative system has an important role to play
All of these roles and responsibilities are as stated in the Malaysian Federal Constitution