PUBLIC ADMINISTRATION AND FEDERALISM

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

Federalism : FederalState Relations. Federalism is one of the three major methods of organizing a political system in any country. A method of dividing power between 2 level of governments i. Federal. ii. State.

There are three (3) major methods of organizing a political system, which is:
1. 2. 3.

Union Confederation Federalism

What is Federalism?
The three systems differ - the extent to which power rests either wholly, partially or non at all with the federal (central) or state government. Malaysia is imperfect federal system because federal constitution places the federal laws above state authority in certain matters.

1.

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.

2.

3.

Both level of government have direct relations with its citizens.

Both level of government draw their legitimacy from the peoples. Either level of government cannot change this constitutional relationship or arrangement by itself. Each government exist in its own rights and authority.

4.

5.

6.

ISSUES Centre of power Citizens relations with Flow of authority Chances of separation Examples

UNION Central government Direct One way: topdown Very low United Kingdom, Singapore

FEDERATION Federal & State Direct with both Two ways Quite moderate Malaysia, U.S.A, Canada

CONFEDERATI ON State Through each states One way: bottom-up Very high ASEAN, United Nations

The 3 branches /components of our government;

THE EXECUTIVE Cabinet-Prime Minister, Ministers. THE JUDICIARY Courts- Federal Court, High Court.

THE LEGISLATURE Parliament- Dewan Negara, Dewan Rakyat.

The Yang Dipertuan Agong is the Head of State/Head of the Federation. The Prime Minister is the Head of Government. The Parliament consists of the Dewan Negara (Upper House/ House of Senate) and Dewan Rakyat (Lower House/ House of Representatives). The authority of the Judiciary is not directly under the Parliament, it is a separate entity, free to make judicial decisions on its own, as guaranted by the Federal Constitution (Article 127).

Also known as Ruler Body.

Consists of Prime Minister and ministers of the Cabinet.

No rights to intervene in the 2nd and 3rd branches, i.e. Legislative and Judicial branches of the state.
Why? To ensure the principle of separation of power is practice as per Article 127 of the Federal Constitution.

Generally, the Executive formulates various socio-economic policies & development plans for the national development.

Also have the power & authority to generate income & revenues for the government.
For example through collection of taxes, fees, duties and so on.

1.

Yang Di Pertuan Agong (YDPA)

2.

Jemaah Menteri/ Cabinet

Ministry/ Department/ Government Body

3.

Background Election Function Discretionary Power Power to pardon Immunity

Jemaah menteri/ cabinet is the ruler body that carry out executive power for YDPA.
Cabinet is lead by Prime Minister and responsible to Parliament. Cabinet is responsible to protect government actions in Parliament. Collective responsibility - (pls search for detailed explaination)

Among Cabinets function are:

To formulate national economic policies and development programs. To set the budget and finance of the country.

1.

2.

3.

As a platform for debates, criticisms and suggestions.

To propose the law.

4.

For the country administration ministries, departments & government bodies are formed.

Each ministry is lead by Prime Minister, Deputy Prime Minister or Minister of the Ministry.
Unportfolio Minister who does not lead any Ministry but be given a specific task. Other than Ministries and Departments, there are also badan-badan berkanun such as FELDA and UDA.

Consists of the:
i. Yang Di Pertuan Agong ii. Dewan Negara iii. Dewan Rakyat

i.

The Yang Di Pertuan Agong

As the Head of the State. As the Supreme Commander of the armed forces. As the Head of Religious Affairs of the states that do not have sultans. Has the power to appoint Ministers, Judges and Attorney General (AG) Has the power to call for meeting of the Conference of Rulers of Malaysia- to discuss matters pertaining to their special rights and positions and other matters as stated in Article 38 of the Federal Constitution.

ii. Dewan Negara

Also known as the House of Senate or Upper House.

The highest councils in the country.

Main functions is to debate various proposals such as policies, laws and bills as forwarded by Dewan Rakyat as long as the issue/matters not contradicts the Federal Constitution (this is because Federal Constitution is deemed as the supreme law of the country).

ii. Dewan Negara

Consists of 70 members (Article 45)

Period holding the office = 3 years. max 2 terms.

2 categories of membership, appointed by each state assembly or appointed by the YDPA.

iii. Dewan Rakyat

Also known as House of Representatives or Lower House.

Consists of 222 members.

All members are elected by the people @ peoples choice. Has authority to debate almost any issue of national interest.

iii. Dewan Rakyat

New policies and programs are introduced by Dewan Rakyat for the development and benefit of the public.

Before any Bill (policy,law,program) can be implemented, it must get approval from both Dewans with:
a. simple majority for any issues of public interest as set out in Article 159(4). b. 2/3 majority for any issues related to the Conference of Rulers and the special position and privileges of Malays/bumiputras.

Dewan Rakyat is headed by SPEAKER (Yang Dipertua) and assisted by 2 Deputy Speakers. Main members of Dewan Rakyat are Prime Minister, Ministers and Deputy Ministers of various ministries of government.

1.

Regulate/introduce and amend law Financial Field: determining budget for public service expenditure, tax rate and power to obtain loan. Debating Arena: excluded sensitive issues such as races issues.

2.

3.

4.

Control Over Executive: such as like resignation of Prime Minister through undi tidak percaya.

5. Amendment Power: amend constitution if the constitution is violating peoples right or unsuitable any more with current situation. However, there are limit in amending matters which cannot amend without agreement from Majlis Raja-Raja.
6. Power Holder: Parliament also act as House of keeping power. Federal Constitution gives power to Parliament to make suitable law, preserve law and make their own rule.

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 Mahkamah Agung, appointed by YDPA.

Posses judicial power & carry out judicial function for the country Freedom for judges to make decision fairly

1. 2. 3. 4. 5.

FEDERAL COURT. COURT OF APPEAL. HIGH COURT. SESSIONS COURT. MAGISTRATE COURT. The authority of the Judiciary is not directly under the Parliament. It is a separate entity and free to make judicial decisions accordingly.

Consist only 1 CHIEF JUSTICE.

Appointed by YDPA upon advise from PM and Conference of Rulers. Has power in: i. determine valid or invalid law made by Parliament or by the Legislature of a State. ii. Decide on dispute between States and Federation, vice versa.

Other functions include:

a. may exercise as a consultative jurisdiction for the Federation or state governments when need arises. b. to hear and determine any cases or appeal brought to it by the Court of Appeal and High Court.

Consist of a Chairman (The President of the Court of Appeal) and 22 other judges.
Have jurisdiction on: To determine appeals from the High Court. Any other jurisdiction as may be conferred by or under the Federal law.

a. b.


a.

However, this court not entertained:

Amount or value of subject matter of the claim is less than RM 250k.

b.

Where the judgment or order is made by consent of the parties.

Where the judgment or order relates to costs only, which by law are left to the discretion of the court except with the leave of the Court of Appeal. Where the judgment or order by the High Court is expressly declared to be final.

c.

d.

Chief Judges appointed by YDPA. Have 2 Chief Judges- 1 in peninsula @ Malaya and another 1 at Borneo @ Sabah & Sarawak. Malaya= 1 Chief Judge + 60 judges. Borneo= 1 Chief Judge + 13 judges.

Power and jurisdiction :

a. To preside over civil & criminal cases brought to it by the lower courts, e.g. Session Court, Magistrate Court. b. Has unlimited jurisdiction in both civil and criminal cases (outside the jurisdiction of the lower courts)

Jurisdiction of the High Court in civil and criminal cases shall take place:

Where amount in dispute should be more than RM250k. Punishment = life imprisonment and/ or the death sentence.

Session Court judge is appointed by the YDPA on the recommendation of the Chief Judge.

Undertake both civil and criminal cases, but the jurisdiction limited to cases where the amount dispute is less than RM250k and punishment less than life imprisonment and/ or death sentence.

Jurisdiction to hear civil and criminal cases and to issue summonses and warrants. Have 2 types of Magistrates specific jurisdiction:
First Class Magistrate Second Class Magistrate

1. 2.


i.

ii.

First Class Magistrate Criminal cases=imprisonment not more than 5 years, and/ or fine of RM10k, and/or whipping up to 12 strokes. Civil cases=dispute not exceed RM25k.

Second Class Magistrate

Criminal cases=imprisonment not more than 12 months, and/or fine of RM1000.00 Civil cases=dispute not exceed RM3k.

i. ii.

FEDERAL LEVEL

STATE LEVEL

LOCAL GOVERNMENT LEVEL

ADMINISTRATION MECHANISM

Consists of : 1. DYMM YDPA 2. Majlis Raja-Raja 3. Cabinet 4. Various forms of Majlis- such as Majlis Tanah Negara, Majlis Kewangan Negara, Majlis Angkatan Tentera, Majlis Tindakan Negara, Majlis Ekonomi Negara, Majlis Keselamatan Negara. 5. Commission- such as Election Commission, Salary Commission. 6. National Audit Department

1.

King/ Sultan/ Yang DiPertua Negeri Majlis Mesyuarat Kerajaan Negeri/ Exco Negeri Sistem Pentadbiran Berjawatankuasa

2.

3.

4.

Dewan Undangan Negeri

Cabinet in Sabah and Sarawak- in Sabah= State Cabinet, in Sarawak= Majlis Tertinggi

5.

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 and District Councils

 1.

2.

3.

4.

Four (4) types of function plays by local authority: Security: control and supervise the health, security and planning of society. EnvironmentP: 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.

1.

They are familiar with their residential areas. They know the needs of their community.

2.

3.

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.

4.

5.

There is nothing so easy but, it becomes difficult when you do it reluctantly.