MALAYSIA GOVERNMENT

SISTEM & ADMINSTRATIVE

STRUCTURE (PART 1)

Topic Learning Objectives

1.
2.
3.
4.

5.

understand forms of Government around the

world.
understand the establishment of the Malaysian
Federal Government system.
understand the concept of separation of power in
Malaysia.
identify the functions and power of the
legislative, executive and judiciary branches in
the Malaysian Federal and States Government
system.
discuss how the segregation of power and duties
among the branches and levels of government
enhances the effectiveness and efficiency of the
government empowerment.
2

MALAYSIA GOVERNMENT
SISTEM & ADMINSTRATIVE
STRUCTURE
FORMS OF
GOVERNMEN
T
WORLDWIDE

Forms of
Government

Government
Power

Examples

Federalism

Power to govern &

legislate is shared
betw. National &
central
governments.

US, Australia,
Malaysia,
India

Confederation

Power to govern &

legislate is central
govs responsibility.
National gov. power
is limited.

Northern
German
Confederatio
n 1867 &
proclamation
of German
Empire 1871.

Unitary

Power to govern &

legisltae is national
govs responsibility.

Great Britain,
Denmark,
Indonesia.
3

MALAYSIA
GOVERNMENT SISTEM
& ADMINSTRATIVE
STRUCTURE
GOVERNMENT
SYSTEMS
WORLDWIDE

1.

Democracy

2.

Monarchy

3.

Autocratic

4.

Dictator

Introduction

Malaysian is a country that practices:

- Federalism form
- Democracy and Monarchy system
- Concept Separation of Power
Headed of country is YDPA with limited
ruling power.
There are 3 levels of government:
i.

ii.
iii.

Federal

States
Local
5

Separation of Powers

Malaysian practiced separation of power where nobody in government structure should

have absolute power.

Separation of power are divided into two;

Between branches (Legislative, Executive, Judiciary).

Between level of government (Federal, State, Local)

Those in the Legislative body should not be in the Executive or Judiciary or vice versa.

Federal and State government have a clear power and responsibilities as stated in the 9 th
schedule of FC.

Objective is to ensure justice and fair government and to avoid injustice & cruelty in
government

Powers of Federal government are divided into 3 main branches:

Legislative body
Executive body
Judiciary body

The Concept of Separation of

Powers Between Branches

MALAYSIA
GOVERNMENT
SISTEM &
ADMINSTRATIVE
STRUCTURE
EXPLAIN THE
THREE TYPES
OF
GOVERNMENT
POWERS

MALAYSIA
GOVERNMENT
SISTEM &
ADMINSTRATIVE
STRUCTURE
EXPLAIN THE THREE
TYPES OF
GOVERNMENT
POWERS
- Yang Di Pertuan
Agong

Supreme Head of Malaysia.

Elected from one of the Sultan
of the 9 states which are
Perlis, Kedah, Perak, Selangor,
N. Sembilan, Johor, Pahang,
Terengganu & Kelantan.
Every act flows from his
authority on the advice of
Parliament & Cabinet.
Appointment of Prime Minister.
Appoints the Judges of Federal
Court & High Courts.

MALAYSIA
GOVERNMENT
SISTEM &
ADMINSTRATIVE
STRUCTURE

EXPLAIN THE THREE

TYPES OF
GOVERNMENT
POWERS

- Legislative Powers

Has the power to:

Make new laws
Amend
Repeal existing laws
Levy taxes
Change existing taxes,
&
Sanction expenditure of
public money
The legislative authority is
formally vested by:
ARTICLE 44 of the
FEDERAL CONSITUTION
in the PARLIAMENT
10

MALAYSIA
GOVERNMENT
SISTEM &
ADMINSTRATIVE
STRUCTURE

EXPLAIN THE THREE

TYPES OF
GOVERNMENT
POWERS
- Legislative Powers

However, Parliament MAY

DELEGATE Its law-making
powers to other bodies or
persons.
Constitutionally, the Parliament
consists of the YANG DIPERTUAN AGUNG & the two
Houses of Parliament known as
the SENATE (Dewan Negara) &
the HOUSE OF
REPRESENTATIVES (Dewan
Rakyat).
At the Federal level, it is vested
in the PARLIAMENT.
At the State level, it is vested in
the STATE LEGISLATIVE
ASSEMBLY.
11

MALAYSIA
GOVERNMENT
SISTEM &
ADMINSTRATIVE
STRUCTURE
EXPLAIN THE
THREE TYPES OF
GOVERNMENT
POWERS

- Executive Powers

power
to
formulate
policies
(implemented by the Government
administrative agencies).
Executive powers is vested in the Yang
Di-Pertuan Agung & exercisable by him
or the cabinet led by the Prime Minister
(Article 39 of the Federal Constitution ).
The
MALAYSIAN
CONSTITUTION
stipulates that the Prime Minister must
be a member of the LOWER HOUSE OF
PARLIAMENT.
In the opinion of the Yang Di-Pertuan
Agung must commands a majority in
Parliament.
The Cabinet is chosen among members
of both Houses of Parliament & is
responsible to that body.
At State level, it is in the hand of the
RULER OF THE STATE & exercisable by
him or by the Executive Council (Exco).

12

MALAYSIA
GOVERNMENT
SISTEM &
ADMINSTRATIVE
STRUCTURE
EXPLAIN THE
THREE TYPES OF
GOVERNMENT
POWERS
- Judicial Powers

Power to hear & determine civil &

criminal matters between two parties.
To pronounce on the legality of any
legislature or executive act &
procedures.
The law also confers on the JUDICIARY
the authority to interpret the Federal &
State Constitution.
The Head of the Malaysian Judiciary is
the CHIEF JUSTICE.
His appointment is made by HIS
MAJESTY THE YANG DI-PERTUAN AGUNG
on the advice of the PRIME MINISTER &
after consulting with the CONFERENCE
OF RULERS.
Similarly for other appointments of the
Judiciary such as that of:
The President of the Court of Appeal,
The two Chief Judges,
The judges of the Federal Court, the
Court of Appeal & the High Courts
13

MALAYSIA
GOVERNMENT
SISTEM &
ADMINSTRATIVE
STRUCTURE
EXPLAIN THE
THREE TYPES OF
GOVERNMENT
POWERS
- JUDICIAL
POWERS

Under the Federal Constitution

of Malaysia, the Prime Minister
shall consult the Chief Justice,
the President of the Court of
Appeal & the two Chief Judges,
before he tenders, his advice in
appointing a judge to the
Federal Court, the Court of
Appeal & the High Courts
There are other courts outside
the above hierarchy such as
the
Special
Courts,
the
Penghulus Courts & the Native
Courts

14

Separation of Power Characteristics

Separation of

The Concept of Separation of Powers

Powers
Legislative

Draw up, amend and pass laws.

Powers

Known as Legislative Body (Federal) and State Legislative Assembly (State).

Federal Constitution permits the Cabinet (the Executive) to draw up, amend
and pass the laws on behalf of Parliament to be enforces by the minister or
executive officer. Known as delegated legislation.

The laws drawn must have the consent of the Yang di-Pertuan Agong (Federal)
and Sultan or Yang Di Pertuan Negeri (State).

Executive

Has the power to govern (federal or state level).

Powers

Responsible for carrying out the matters of governing and administration.

Role of implementing the laws that have been passed by the legislative body in
Parliament (Federal) or State Legislative Assembly (State).

At the Federal level is known as the Cabinet and at the state level as the State
Executive Council.

Judicial Powers

Institution that defends the supremacy of the Constitution and sees to the
balance of power between the Executive and the Legislative bodies.

To defend justice and carrying out its duties of respecting the sovereignty of the
countrys laws.

The judgments and punishments decided do not take into account nor are they
influenced by the status, rank, race, religion or descent of the individual.
15

State Government System

16

MALAYSIA
GOVERNMENT
SISTEM &
ADMINSTRATIVE
MAIN
INSTITUTION
STRUCTURE
AT STATE
GOVERNMENT

the chief executive for the respective

State that rules the State based on
the act and advice principle.
powers of the Ruler/Sultan are:

- Sultan/ Yang
DiPertua Negeri

The appointment of the Menteri Besar.

The refusal to assent to the request for
dissolving the State Legislative Assembly.
The request for the Rulers Council to meet
and discuss the special rights, position,
sovereignty and supremacy of the Rulers or
issue pertaining to religious acts, practices
and ceremonies.
Whatever duty as head of the Islamic
religion or Malay customs.
The appointment of the heir or queen, the
acting Ruler or the Acting Rulers Council.
The appointment of people holding ranks,
titles, honours and destinations according
to Malay customs and determining the
duties concerned.
Making rules relating to the royal audience
hall and the palace.

17

MALAYSIA
GOVERNMENT
SISTEM &
ADMINSTRATIVE
MAIN
STRUCTURE
INSTITUTION AT
STATE
GOVERNMENT
- State Legislative

The State Legislature body is the

State Legislative Assembly (DUN).
The members comprises of elected
representatives from single-member
constituencies
during
the
state
elections.
The power, duties and membership of
the State Legislative Assembly is
fixed by the State Constitution
(Articles 71, 74 and 77 of FC)
the
State Legislative Assembly
functions are to listen, debates
and lastly draws up the enactment
of the State for application in the
States. The State Assembly also
can pass laws relating to the joint
list which regard to the matters
commonly shared between the
Federal and State Governments.
18

MALAYSIA
GOVERNMENT
SISTEM &
ADMINSTRATIVE
MAIN
STRUCTURE
INSTITUTION AT
STATE
GOVERNMENT

Memberships
1.
The Ruler/Sultan or Yang
Dipertua Negeri.
2.
State Legislative Council
members chosen through an
independent general election.
3.
State Secretary, the state
Legal Advisor and the state
Finance Officer. They are not
involved in the sanctioning of
the enactments or state laws.

- State Legislative
(contd)

19

MALAYSIA
GOVERNMENT
SISTEM &
ADMINSTRATIVE
MAIN
STRUCTURE
INSTITUTION AT
STATE
GOVERNMENT

consists of the Ruler or Sultan or

Yang di-Pertua Negeri and the State
Executive Council which is headed
by the Chief Minister or the Menteri
Besar.

- State Executive
Body

20

MALAYSIA
GOVERNMENT
SISTEM &
ADMINSTRATIVE
MAIN
STRUCTURE
INSTITUTION AT
STATE
GOVERNMENT
- State Executive
Council (EXCO)

headed by a Menteri Besar or Chief

Minister.
This administrative body is also
known as State Executive Council
in Peninsular; Cabinet in Sabah;
and
Supreme
of
Council
in
Sarawak.
not only the body that handles
each State in Malaysia, but it also
acts as an advisor to the Ruler or
Yang
Dipertua
Negeri
and
responsible for forming various
State laws and policies.

21

MALAYSIA
GOVERNMENT
SISTEM &
ADMINSTRATIVE
STRUCTURE
DEFINE THE
RELATIONSHIP
BETWEEN
FEDERAL &
STATE
GOVERNMENT

PART VI OF THE FEDERAL

CONSTITUTION of Malaysia
provides detailed mattes on the
relationships between the
Federal Government & the
State Government.
The scope can be discussed
under the distribution of
legislative powers,
executive powers &
financial matters

22

MALAYSIA
GOVERNMENT
SISTEM &
ADMINSTRATIVE
STRUCTURE
DEFINE THE
RELATIONSHIP
BETWEEN
FEDERAL &
STATE
GOVERNMENT

In 9th Schedule of Federal

Constitution set out a Federal
List, State List & Concurrent List
(Example as below)
Article 74 of the Federal
Constitution of Malaysia provides
that
Parliament may make laws
with respect to any of the
matters enumerated in the
Federal list or the concurrent
list
A State Legislature may make
laws with respect to any of the
matters enumerated in the
State list or the concurrent list

23

MALAYSIA GOVERNMENT
SISTEM & ADMINSTRATIVE
STRUCTURE
DEFINE THE
RELATIONSHIP
BETWEEN
FEDERAL &
STATE
GOVERNMENT
- DISTRIBUTION
OF LEGISLATIVE
POWERS

Federal
List

State List

Concurre
nt List

Education

Forestry &
agriculture

Scholarship

Defense

Land

Social
welfare

Health

State holiday

Town &
country
planning

International Islamic revenue,

Trade &
e.g. zakat fitrah
Industry
& baitulmal

Drainage &
irragation

24

MALAYSIA
GOVERNMENT
SISTEM &
ADMINSTRATIVE
STRUCTURE
DEFINE THE
RELATIONSHIP
BETWEEN
FEDERAL &
STATE
GOVERNMENT
- DISTRIBUTION
OF LEGISLATIVE
POWERS

With respect to Article 74 of the Federal

Constitution both the Federal & the State
Governments are empowered to enact any
of the matters in the concurrent list.
Article 75, further stipulates that if any
State law is inconsistent with the Federal
law, then the later shall prevail.
Furthermore, Article 76 of the Federal
Constitution stipulated that: parliament
may make law with respect to any matter
enumerated in State list but only for:

For the purpose of implementing any treaty,

agreement or convention between the
Federation or any other country, or any
decision of an international organization of
which the Federation is a member or
For the purpose of promoting uniformity of
the laws of two or more states, or
If so requested by the Legislative Assembly
of any state.

25

MALAYSIA
GOVERNMENT
SISTEM &
ADMINSTRATIVE
STRUCTURE
DEFINE THE
RELATIONSHIP
BETWEEN
FEDERAL &
STATE
GOVERNMENT
- DISTRIBUTION OF
EXECUTIVE
POWERS

Article 80 of the Federal

Constitution of Malaysia,
extends:

the executive authority of the

Federation to all matters with
respect to which Parliament
may makes laws, whilst;
The executive authority of a
State covers all matters to
which the State Legislature
may makes laws.

A RESTRICTIVE PROVISION
IN Article 80 (2) states that
the executive authority of the
Federation does not extend to
any matters enumerated in
the State list except for the
purpose of:

Conducting enquiries,
surveys & collection of
statistics related to state
matters.

26

MALAYSIA
GOVERNMENT
SISTEM &
ADMINSTRATIVE
STRUCTURE
DEFINE THE
RELATIONSHIP
BETWEEN
FEDERAL &
STATE
GOVERNMENT
- DISTRIBUTION OF
EXECUTIVE
POWERS

A RESTRICTIVE PROVISION IN Article 80 (2)

states that the executive authority of the
Federation does not extend to any matters
enumerated in the State list except for the
purpose of:
Conducting enquiries, surveys &
collection of statistics related to state
matters;
Assisting the states in conducting
research, the provision & maintenance
off experimental & demonstration
stations, the giving of advise & technical
assistance to any State Government &
providing education, publicity &
demonstration for the inhabitants of any
state in respect of any States subject
(Article 95 of the Federal Constitution;
Inspection of State activities (Article 94).

Article 81 of the Federal Constitution,

provides that the State are obligated to
Federation in making sure of compliance with
any Federal laws applying to that state, & not
to impede or prejudice the exercise of the
executive authority of the Federation.
27

MALAYSIA
GOVERNMENT
SISTEM &
ADMINSTRATIVE
STRUCTURE
DEFINE THE
RELATIONSHIP
BETWEEN
FEDERAL &
STATE
GOVERNMENT
- FINANCIAL
RELATIONSHIP

The financial relationship

between the Federal & the
State Governments will be
discussed in three matter as
follows:
1. FEDERAL & STATE
REVENUES
2. EXPENDITURE &
FINANCIAL COMMITMENTS
3. BORROWING POWERS

28

MALAYSIA
GOVERNMENT
SISTEM &
ADMINSTRATIVE
STRUCTURE
DEFINE THE
RELATIONSHIP
BETWEEN
FEDERAL &
STATE
GOVERNMENT
- FINANCIAL
RELATIONSHIP

FEDERAL & STATE REVENUES

According to Article 110 of the Federal

Constitution:
Each state shall receive all proceed from
taxes, fees & other sources of revenues
specified in Part 111 of the Tenth
Schedule of the Federal Constitution.
Receive 10% or greater amount of the
export duty on tin produced in the State.
Receive some proportions of export duty
on mineral produced in State.
However, any items assigned may be
replaced subject to the agreement of the
National Finance Council.
The Federal Government also provides
financial assistance to the State
Government in the forms of grants.
Article 109 of the Federal
Constitution requires the Federal
Government to provide capitation grant &
state road grants to each state annually. 29

MALAYSIA
GOVERNMENT
SISTEM &
ADMINSTRATIVE
STRUCTURE
DEFINE THE
RELATIONSHIP
BETWEEN
FEDERAL &
STATE
GOVERNMENT
- FINANCIAL
RELATIONSHIP

EXPENDITURE & FINANCIAL

COMMITMENTS

Both Federal Government & the State

Government are required to cover their
own expenditures.
The types of expenditure include:
charged expenditure
supply expenditure
development expenditure
When there are instances that a State
are unable to cover their development
expenditure for state roads, agriculture,
forestry, drainage & irrigation projects,
the Federal Government will finance
some of it but on a reimbursable basis.

30

MALAYSIA
GOVERNMENT
SISTEM &
ADMINSTRATIVE
STRUCTURE
DEFINE THE
RELATIONSHIP
BETWEEN
FEDERAL &
STATE
GOVERNMENT
- FINANCIAL
RELATIONSHIP

BORROWING POWERS

Article
111
of
the
Federal
Constitution restricts the borrowing
power of the Federation & States.
This provision prohibits the Federation
from borrowing except under the authority
of Federal Law.
State Government may not borrow except
under the authority of State Law.
The State Laws on the other hand, shall
not authorized a State to borrow except:
From the Federation, or
For a period not exceeding 5 years, from
a bank or financial institutions approved
for that purpose by the Federal
Government.
For Sabah & Sarawak, Article 112A, 112B
& 112C of the Federal Constitution provide
that they may borrow under the authority
of State Law within the State, if the
borrowing has the approval of the Central
Bank.

31

Election

Is the process

to determine the candidate or

party that wins in order to form a government.
Tools of elections in democracy system:
- The political parties
- The candidates
- Campaign, banners, ballot boxes, ballot papers
and the constituency.
Types of elections:
- General election
- By-election.
Election Commission is the body that is
responsible for managing and administering the
elections.
32