LN - PART 1 (CHAPTER 2 - FORM OF MALAYSIAN COUNTRY AND GOVERNMENT SYSTEM) - Read-Only (1).pptx

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1. BKAL 3023 SESSION A231 LECTURE NOTES PART 1 CHAPTER 2 : FORM OF MALAYSIAN COUNTRY AND GOVERNMENT SYSTEM 1 ENGKU ISMAIL-2023

2. MALAYSIAN COUNTRY CHARACTERISTICS National cultural, norms, values, and rules & regulations usually dictate the structure of the regulatory framework for each country. BASIC FEATURES OF MALAYSIAN COUNTRY MALAYSIAN IS A FEDERATION COUNTRY, PRACTICED CONSTITUTIONAL MONARCHY AND ADOPTED PARLIMENTARY DEMOCARCY SYSTEM . HRH YDPA (KING) IS A HEADED OF COUNTRY. PRIME MINISTER IS A HEAD OF GOVERNMENT (EXECUTIVE BRANCH). POWER OF YDPD BEING DIVIDED INTO 3 MAIN BRANCH. ADMINISTRATIVELY, GOVERNMENT BEING DIVIDED INTO FEDERAL AND STATES DEFINITION The grouping together of two or more states in such a way as to establish a new state by retaining at the same time, some status of power within the newly formed organization (Shodhganga, 2015). 2 ENGKU ISMAIL-2023 FEDERATION COUNTRY

3. MALAYSIAN COUNTRY CHARACTERISTICS ENGKU ISMAIL-2023 3 CHARACTERISTICS OF FEDERATION COUNTRY DIVISION OF POWERS – Most power belong to central, while state have a limited power WRITTEN, SUPERMACY & RIGID CONSTITUTION- Constitution are written in order to make it definite & binding both the central & states; Rigid to kept immune from unilateral amendment, and S upreme law where both central & state governments derive their powers from constitution. DUAL ADMINISTRATION -U niformed administration of the central government for all the people of the federation & state administrations run by the state governments. BICAMERAL LEGISLATURE - legislature of federal made a bicameral legislature. One house representation people of the federation (HOR); and other house representation people on the basis of equality (HOS). RIGHT FOR SECESSION – All the state/sub-unit are denial to make secession

4. MALAYSIAN COUNTRY CHARACTERISTICS DEFINITION A system of government in which a monarch shares power with a constitutionally organized government. The monarch may be the de facto head of country or a purely ceremonial leader. The constitution allocates the rest of the government's power to the legislature and judiciary. -Monarch have a sovereign but does not rule. -A blended form of government where a king rules the country combine with a legislative governing body (parliament). CHARACTERISTICS -Constitution are allocated the institutions of YDPA, the Paramount Ruler, the hereditary rulers of the nine states and the Council of Malay Rulers -Monarchs’ political powers (if any) are very limited. -Monarchs duties are mostly ceremonial -The source of power to govern are come from a CONSTITUTION not from monarchy. 4 ENGKU ISMAIL-2023 CONSTITUTIONAL MONARCHY

5. MALAYSIAN COUNTRY CHARACTERISTICS A systems that sovereignty belongs to people. Government are formed by the party (or a coalition of parties) with the greatest representation in the parliament (legislature) and its leader becoming prime minister . CHARACTERISTICS Administrative power being divided into Legislative, Executive & Judiciary. Supremacy of constitution Laws are made by majority vote of the legislature and signed by the head of country. Political power is vested in an elected legislature, but the executive and legislative branches are not separate. Check and balance system exist 5 ENGKU ISMAIL-2023 PARLIAMENTARY DEMOCRACY

6. MALAYSIAN COUNTRY CHARACTERISTICS SOP is one of the important characteristic of Federation Form & Democracy System. Originally introduced by Aristotle and expanded by several philosophers (Harrington, Locke & Montiquieu ). Refers to the division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another with the intent is to prevent the concentration of power and provide for checks and balances. SOP Models USA British (Westminster ) Objectives of SOP Ensure the administration of country runs smoothly No concentration of power avoid the dangers of “tyranny” (Kezaliman). Realized the principle of “ CHECK AND BALANCE” Aspects of SOP Personal membership Functional separation Institutional separation 6 ENGKU ISMAIL-2023 SEPARATION OF POWER (SOP)

7. MALAYSIAN COUNTRY CHARACTERISTICS SEPARATION OF POWER (SOP) IN MALAYSIA Stipulated in the article 39 ( EXECUTIVE ), 44 ( LEGISLATIVE ), & 121 ( JUDICIARY ) of Malaysian Federal Constitution, 1957. There are two type of SOP exist in Malaysia; VERTICAL (SOP between federal & states) and HORIZONTAL (SOP between branches at Federal level) . Horizontal SOP; Political authority are divided into EXECUTIVE, LEGISLATIVE & JUDICIAL . Horizontal SOP in Malaysia system are similar with British (Westminster)model; there is no separation of executive & legislative power because of the cabinet type of organization. Prime Minister must come from the Dewan Rakyat Member and the YDPA is an integral part of the Parliament and also stands as monarchy power thus becoming integral part of SOP. The cabinet is appointed by the YDPA in the advice of the Prime Minister. 7 ENGKU ISMAIL-2023

8. SEPARATION OF POWER AT FEDERAL GOVERNMENT LEVEL HORIZONTAL SOP (AT FEDERAL) (NO BRANCHES HAS OBSOLUTE POWER) (POWER ARE SHARING BETWEEN THREE BRANCHES) EXECUTIVE POWER TO GOVERN THE COUNTRY) LEGISLATIVE (POWER RELATED WITH LAWS) JUDICIARY (POWER RELATED WITH JUSTICE) GOVERN THE COUNTRY - DAY-TO-DAY PROCESS OF POLICYMAKING -SUPERVISION & IMPLEMENTATION WITH REGARD TO THE AFFAIRS OF THE NATION -ENFORCED THE LAWS ENACTS LAWS TO BE ENFORCED NATIONWIDE - PASSES FEDERAL LAWS MAKES AMENDMENTS TO EXISTING FEDERAL LAWS EXAMINES THE GOVERNMENT’S POLICIES APPROVES THE GOVERNMENT’S EXPENDITURES APPROVES NEW TAXES. CONCERNED WITH ADMINISTRATION OF JUSTICE - INTERPRETE THE LAWS -MAKE VERDICT OF THE CASE BRING TO THE COURTS - CAN DECLARE THE LAWS ARE INVALID 8 ENGKU ISMAIL-2023

9. SEPARATION OF POWER AT FEDERAL GOVERNMENT LEVEL Constitutionally, executive is subordinate to YDPA. Executive power are stated in article 39-43 of Federal Constitution. Executive components consist of; YDPA, PRIME MINISTER, CABINET MINISTER & FEDERAL PUBLIC SERVICE. Prime Minister must come from HOR member, (Shall be the one who commands the confidence of the majority of the Dewan Rakyat & later he then submits a list containing the names of members of his Cabinet, who will then be appointed as Ministers by the YDPA). Cabinet members must be members of Parliament (usually members of HOR, but also come from members of HOS). The Cabinet have a power to establish the agencies, formulates government policy, drafts bills, meeting with private & all the matter related with govern the country. Malaysian administration are follows constitution supremacy; everything must be practiced & followed in accordance with constitution only and anything in contrast will be declared null and void. 9 ENGKU ISMAIL-2023 EXECUTIVE BRANCH

10. SEPARATION OF POWER AT FEDERAL GOVERNMENT LEVEL Related with public finance, the Executive is responsible for; Approving a budget within the overall expenditure approved to provide authorization for the acquisition and use of financial resources Overseeing and monitoring the implementation of the approved budget. Planning, directing and controlling of day-to-day operations Preparing reports that provide an account of their administration. 10 ENGKU ISMAIL-2023 EXECUTIVE BRANCH .. CONT

11. SEPARATION OF POWER AT FEDERAL GOVERNMENT LEVEL Parliament is the body that exercise the power belong to Legislative branch. It is the highest legislative body in Malaysia & subordinate to the Head of country (YDPA) (article 44 of the Federal Constitution, 1957). Components of Parliament Malaysian: THE KING (YDPA ); The HOUSE OF SENATE ( HOS ) & THE HOUSE OF REPRESENTATIVE ( HOR ). Parliament is responsible for passing, amending and repealing acts of law (articles 44-68, Federal Constitution, 1957). Parliament also responsible for checking & scrutinize the executive policy. Power of parliament related with public financial matters; Sanctioning the overall public sector financial plan (budget) Authority to raise or impose taxes & authorize public expenditure Limit public agencies expenditure through approved allocation Authorizing the Executive to make expenditures (within the overall level of expenditure), borrow & administer programs in accordance with any laws that may affect them. Refer to article 96, 99, 100, 101, 102, 103, 104 & 111. 11 ENGKU ISMAIL-2023 LEGISLATIVE BRANCH

12. SEPARATION OF POWER AT FEDERAL GOVERNMENT LEVEL Lies with the C ourts & led by the Chief Justice. Given the power related with the interprets and applies the law for the resolution of disputes. Malaysian have a UNIFIED JUDICIAL SYSTEM where all courts take cognizance of both federal and state laws but PRACTICES TWO TYPES OF JUDICIAL SYSTEMS; CIVIL COURTS AND SHARIA’ COURTS. The civil courts are under the Federal government purview, (known as Federation Courts) are deals with civil and common law. Sharia’ courts (State court) are deals with matters pertaining to the religious laws of the Muslims and its jurisdiction is solely over Muslims. The courts have four main areas of jurisdiction The power to interpret the constitution The power to interpret a law The power to proclaim a written federal or state law invalid The power to declare a government action as invalid in the eyes of the law Power of Judiciary are stated in article 121-131A Federal Constitution. 12 ENGKU ISMAIL-2023 JUDICIARY BRANCH

13. CHECK AND BALANCE SYSTEM Are the system exist to realize the SOP concept At federal government level (Horizontal) is refer to the rights of mutual control and influence for all the three branches/arms of government (Legislative, Executive & Judiciary) interact power in an equitable and balanced way. Each of branches can check and exercise of powers by the others with the purpose to ensure there is no branch or institution can become so powerful as to control the system completely. The “checks” mean the different branches control each other to make them accountable to each other. The “balances” mean the powers are divided between the three branches of government with the aims to ensure no group of people in government is ‘too powerful’. ENGKU ISMAIL-2023 13

14. CHECK AND BALANCE SYSTEM The working of Checks & Balance system at Malaysian Federal Government Level. Legislative Branch Legislative check executive through “vote of no confident” in parliament. Legislative check Judiciary through; Propose & approve amendments of Constitution Power to determine jurisdiction court Self checking (Legislative check their-self) – Ensure all Bills must be approved by both House in Parliament Executive Branc h Executive check Legislative – YDPA have a power to calls, prorogues and dissolves Parliament Executive check Judiciary - Appointment of judges; Power for Forgiveness Self checking (Executive check their-self) - The Cabinet members held their office for a period approved by the YDPA Judiciary Branch Judiciary check Legislative - Judicial review of any Act approved by parliament Judiciary check Executive - Judicial review of any Act enforced by executive 14 ENGKU ISMAIL-2023

15. VERTICAL SOP (BETWEEN FEDERAL & STATE) As a Federation Country; the power of Federal and State are clearly stated in 9 th Schedule of FC, 1957. The SOP between federal & states being divided into; Federal Power – Most of Power are belong to federal such as defense, finance, immigration & Custom, citizenship, etc. State Power – Power belong to state only limited to several areas including; Land Agriculture Forestry Local government Muslim law Several others Joint Power – Both Federal & states are responsible on the Welfare Scholarship Livestock Animal Protection Urban & Rural Planning 15 ENGKU ISMAIL-2023

16. MALAYSIAN COUNTRY SYSTEM Malaysian country adheres to and is created by the MALAYSIAN FEDERAL CONSTITUTION 1957. The Constitution sets out the broad framework within which the country is run (establishment three main branches) executive, legislative and judiciary. The executive branch ( CALLED AS GOVERNMENT ) is led by the Prime Minister and consists of cabinet ministers & civil service, in which executive exercise its power & function. Malaysian legislative branch is a BICAMERAL LEGISLATIVE BODY (called the Parliament & consist of HOR & HOS) in which the legislature exercises its functions and powers. The judicial branch (The courts) exercises its functions and powers by the court headed by the Chief Justice. ENGKU ISMAIL-2023 16

17. STRUCTURE OF THE MALAYSIAN COUNTRY (FEDERAL LEVEL) ENGKU ISMAIL-2023 17 YDPA (HEAD OF COUNTRY) LEGISLATIVE (PARLIAMENT) EXECUTIVE (GOVERNMENT) JUDICIARY (COURT) COUNCIL OF RULER

18. EXECUTIVE BRANCH The executive authority of the Federation shall be vested in the YDPA and exercisable by him or by the Cabinet (article 39). Has a power; To govern the country To generate revenues through the collection of various taxes, levies, fines, summons, custom & excise duties, and fees from the general public. The government exercise their power through Introducing and enforcing the laws, policies and others. The component of Executive consist of; YDPA Prime Minister Cabinet members (Minister & Deputy Minister) Civil Service Functions of Cabinet – please refer page 57 Textbook. ENGKU ISMAIL-2023 18

19. LEGISLATIVE BRANCH Legislative authority of the federation shall be vested in the Parliament (article 44, FC). Parliament component YDPA HOS HOR Parliament Power & Function ( article 66, FC) Related with the laws (passing, amending and repealing acts of law) Is to make a new law. Alter/abolish the existing law; Impose new taxes or abolish any taxes To approve the nation’s budget for a specific year. Process and procedure of making the laws at the Parliament Malaysia Detailed, please refer chapter 2 (Legislative process & procedure) textbook page 55. ENGKU ISMAIL-2023 19

20. FEDERAL JUDICIARY BRANCH Branch that responsible to respond towards disputes; Between individuals & individuals. Between individuals & the states. Between states & state Between federal & state in relation to matters regarding the Constitution. Empowered to hear and determine civil and criminal matters, and to decide on the legality of any legislative or executive acts as provided under Article 125A. The most important role is; To protect the supremacy of the Constitution. To make sure that everyone obeys the Constitution To provides a mechanism for the resolution of disputes . The power of judiciary branch is exercise by the courts. ENGKU ISMAIL-2023 20

21. CONT. .. The component of FEDERAL JUDICIARY BRANCH YDPA The Courts Chief Justice Areas of jurisdiction. The power to interpret the constitution. The power to interpret a law. The power to proclaim a written federal or state law invalid. The power to declare a government action as invalid in the eyes of the law. Malaysian Judicial systems (Unified & Dual) The civil courts and sharia’ courts. The civil courts deal with civil/common law The sharia’ courts deal with matters pertaining to the religious laws of the Muslims and its jurisdiction is solely over Muslims. ENGKU ISMAIL-2023 21

22. CONT. .. Courts structure Federation Courts (Civil Courts of Justice) SUPREME/SUPERIOR COURTS Federal Court Appellate Court High Courts SUBORDINATE COURTS Session Court Magistraites courts Penghulu courts Native courts STATE SHARIA’ COURTS OF JUSTICE Appellate Sharia’ Court High Sharia’ Court Lower Sharia’ Court ENGKU ISMAIL-2023 22

23. REFERENCES & FURTHER READING 23 Malaysian Federal Constitution, 1957 Shamrahayu A. Aziz (2017), Fungsi Tiga Cabang Kuasa Negara – Legislatif, Eksekutif & Kehakiman: Antara Imbangan dan Pemeriksaan ENGKU ISMAIL-2023

24. END OF TOPIC 2 FORM OF MALAYSIAN COUNTRY AND GOVERNMENT SYSTEM SEE YOU IN TOPIC 3: GOVERNMENT ADMINISTRATION AND GOVERNANCE 24 ENGKU ISMAIL-2023