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