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 This topic will be discussing 4 important
subtopics;
› The Malaysian Federalism

› Administrative machinery at the federal level

› Administrative machinery at the state level

› Administrative machinery at the local

government level

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 3 major methods of organizing a political
system;
› Union/Unitary
› Confederation
› Federalism

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 A system of government under which
government powers are divided
between the central government and
smaller governmental units (Rice, 2007)
 It is a method of dividing the power
between 2 levels of government
› Federal
› State
 Any changes to the arrangement must
be by amending the Constitution
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 Division of power based on a written constitution.

 The authority of a government is supreme in at least one or

more areas that are assigned to it.

 Both level of government have direct relations with its

citizens.

 Both level of government draw their legitimacy from the

people.

 Either level of government cannot change this

constitutional relationship or arrangement by itself.

 Each government exists in its own rights and authority.

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 Foreign affairs
 National defense
 Home affairs
 Citizenship
 Finance
 Education
 Public works ( electricity, gas & energy)
 Trade, commerce and enterprises
(Source: Federal Constitution, 2010)
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 Shariah law for Muslims (individual & family)
 Land
 Agriculture & forestry
 State administrative machineries
 State public holidays
 Heritage sites, museums, libraries and
monuments
 Local governments
(Source: Federal Constitution, 2010)
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 Public welfare
 Scholarship
 Town and rural planning
 Sewage, drainage & waterways
 Cultural activities
 Housing and housing allocations
 Public health
(Source: Federal Constitution, 2010)
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ISSUES UNION FEDERATION CONFEDERATION
Centre of Central Federal & State
power government State
Citizens’ Direct Direct with Through each
relations both states
Authority One way: Two ways One way:
flow Top –Down Bottom - Up
Chances of Very low Quite Very high
separation moderate
Example UK, Malaysia, ASEAN, UN
Singapore U.S.A,
Canada

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 THE EXECUTIVE
› Cabinet – Prime ministers & ministers
 THE LEGISLATURE
› Parliament – Dewan Negara (House of
Lords/Senate)& Dewan Rakyat (House of
Commons/Representative)
 THE JUDICIARY
› Courts Federal & High Court

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 YDPA is Head of State
 PM is Head of Government
 Parliament
 Judiciary – autonomous entity. Free to
make its own judicial decisions.
Guaranteed by the Federal Constitution
(Article 127)

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 The Ruling Body
 P.M & Cabinet Ministers
 No rights to intervene in the legislative and
judiciary
 Separation of power according to Article
127 of the Federal Constitution
 Power to formulate policies & development
plans
 Authority to generate revenue – tax, fee,
duty
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 YDPA
› Election
› Function
› Discretionary power – Article 40(2)
 Appointment of P.M
 Dissolution of Parliament
 Convening of the Conference of Rulers
› Pardoning power
 Eligible for all criminal cases in the Federal Territory
› Immunity
 Legal immunity removed in 1993. A special court
‘Mahkamah Khas Raja-raja’

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 Cabinet Ministers
› Carry out the executive power on behalf of
the YDPA
› Lead by the PM & responsible to the
Parliament
› Responsible to protect the government’s
actions in Parliament
› Collective responsibility

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 Functions:
› Formulate national economic policies and
development programs
› Set the budget and manage the nations
financial matters
› Platform for debates, criticism and
suggestions
› Propose the law

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 YDPA
 Dewan Negara
 Dewan Rakyat

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 To enact the law
 To amend the law
 To repeal the law

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 Head of State
 Supreme commander of the armed forces
 Head of religious affairs of the state without
Sultan
 Power to appoint Ministers, Judges and
Attorney General (AG)
 Power to call the ‘Conference of Rulers’ to
meeting discussion the special rights and
positions and other according to Article 38
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 Also known as House of Senate/Lords/
Upper House
 The highest council – 70 members
 Tenure: 3 years. Maximum of 2 terms
 Membership :
› Appointment by the YDPA
› Appointment by State Assembly
 Main function;
› Debate various proposals i.e policies laws & bills
forwarded by the Dewan Rakyat & not
contradicting the Federal Constitution

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 Also known as House of
Representative/Commons/ Lower House
 222 members
 Elected by the people
 Headed by the Speaker (Yang DiPertua)&
assisted by 2 Deputy Speakers
 Main members are PM, Ministers & Deputy
Ministers
 Authority to debate any issue of national
interest
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 Formulate policies and programs
introduced by the Dewan for public
development & benefit
 For any bill (policy, law program) to be
implemented, approval from both Dewan is
a must.
› A simple majority on issues of public interest set
out in Article 159(4)
› 2/3 majority for any issues related to the
Conference of Rules and Bumiputra’s special
position & privileges

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 FUNCTION
› Law making; Introduce, regulate and
amend law
› Finance; determine budget, set tax rate &
obtain loan
› Debate arena; put up any issues and
debate excluding sensitive issues
› Controlling the executive; forcing resignation
of the PM through vote of inconfidence

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› Amendment power; amending the
constitution should it go against people’s
rights or unsuitable with current situation
› Power holder; ‘House of Keeping Power’ –
power given by the Federal Constitution to
the Parliament to legislate suitable law and
preserve the law

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 The body that posses judicial power and carry out
judicial function for the country.

 No power to regulate law or carry out executive

power.

 The freedom to act as an institution that enables the

judges to carry out the task fairly and justly without
bias.

 Mahkamah Agung is the highest court in Malaysia

and Yang Dipertua Kehakiman is the Ketua Hakim
Negara, appointed by YDPA.

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 Function;
› Carry out judicial function

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 Federal Court
 Court of Appeal
 High Court
 Sessions Court
 Magistrate Court

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 The Malaysian judiciary headed by the
Chief Justice.
 Appointed by the YDPA on the advice of
P.M and after consulting the Conference
of rulers.
 Power in;
› Determining valid or invalid law made by the
Parliament or by the State legislators.
› Deciding on any dispute between the States
and Federation vice versa
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 The highest court in the judiciary system in
Malaysia.
 Established in 1957 under Article 121(2) of
the Federal Constitution.
 Housed in the Palace of Justice in
Putrajaya.
 Headed by the Chief Justice & consists of
President of Court of Appeal, two Chief
Judges of two High Courts and four other
judges (not exceeding 11 other judges).

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 Jurisdiction
› Advisor to the YDPA about the Constitution
› Determine valid or invalid law made by the
Parliament or by the State
› Decide on the dispute between Federal &
State government vice versa
› May exercise consultative jurisdiction to both
government when need arises
› Hear & determine any cases or appeal
brought to it by the Court of Appeal & High
Court
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 Second highest court in the Malaysian
judiciary system.
 Created in 1994 pursuant to Article
121(1B) of the Federal Constitution
 Only perform the function of an
Appellate Court (court the hears the
appeals of a trial’s court’s decision).

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 Headed by the Chief Judge , appointed by
the YDPA
 Chief Judge of Malaya & Chief Judge of
Sabah & Sarawak
 Have unlimited civil jurisdiction and hear
claims exceeding RM1 million.
 Have unlimited jurisdiction in all criminal
matters excluding matters involving Islamic
law.
 Have the jurisdiction in criminal cases
punishable by death.

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 A Sessions Court judge is appointed by the
YDPA on the recommendation of the
respective Chief Judges.
 Have jurisdiction to try all criminal and civil
offences other than offences punishable by
death penalty and amount dispute is less than
250K
 Criminal jurisdiction – can pass any sentences
including natural life sentence.
 Civil jurisdiction – motor vehicle accidents,
landlords & tenants, distress, dispute,
cancellation or rectification of instrument or
contracts
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 This court hears criminal and civil cases
 Divided into
› First class magistrate
 Have the power to try all criminal offences which
maximum term of imprisonment does not exceed
10 years or punishable with fine only
 Or pass sentences of not more than 5 years
imprisonment , fine up to RM10K & maximum of 12
strokes
 Hear all civil cases with less than RM100K in dispute

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› Second class magistrate
› Appointed by the State Authority
 Offence punishable by fine only or
 Offence with imprisonment not exceeding 12
months
 Or may pass sentence of
 Imprisonment not exceeding 6 months
 Fine not exceeding RM1K
 Any sentence of the above
 For civil cases not exceeding RM10K
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 King/ Sultan/ Yang DiPertua Negeri

 Majlis Mesyuarat Kerajaan Negeri/ Exco

Negeri

 Sistem Pentadbiran Berjawatankuasa

 Dewan Undangan Negeri

 Cabinet in Sabah and Sarawak- in Sabah=

State Cabinet, in Sarawak= Majlis Tertinggi
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 The concept of administration at local
government level is “field administration” - the
administration carry out in a specific area or
territory.

 To ensure that the administration can be

carried out effectively in that particular area.

 3 categories of local authority

› City Council,
› Municipalities
› District Councils

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 Security: control and supervise the
health, security and planning of society.
 Environment: equalize ecology system
such as optimum land usage planning
and good landscaping.
 Recreation: provide appropriate social
facilities for public/ society.
 Trade: involve activities that create
income to local entrepreneur.
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 They are familiar with their residential areas.

 They know the needs of their community.

 To acknowledge the existence of the

community.

 To encourage the community to pay back to

their society.

 To support the transparency and integrity of

local government.
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