Chapter 4: System & Structure of Administration (Part 1) 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: Territory People A legitimate governing body or governing system Sovereignty

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Chapter 4: System & Structure of Administration (Part 2) 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 Sultan Usually once in a lifetime, for 5 years YDPA has many powers and limitations set by the Constitution, such as..

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

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

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

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

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

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)

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

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