Malaysian Administrative System and Structure Malaysia a parliamentary democracy, a country with a monarchy but ruled by people with a right to form a government. General election every five years to elect representatives to form a cabinet which is an assembly of ministers who govern the country Power and position of rulers not eroded with the existence of Yang di Pertuan Agong and Council of Rulers
2 levels of administration -Federal level with a central government under a cabinet -State level with State Legislative Assembly Both the levels have their own areas of jurisdiction. State has its own structure from district to village Each level has an administrative set-up,
state departments and local government with definite roles Three important parties rule from federal to state levels that is the governing body or executive, legislature and judiciary All these constitute a system which execute their duties according to their respective autonomy based on the Constitution
Observance to constitution and respecting each other‘s position and power gives rise to strong government. Strength of government also depends on its efficiency and support of the people Traditional system of government still in practice- monarchy but a constitutional monarchy strengthened with the existence of YPA and Council of Rulers
Federal government empowered to administer the Malaysia Federation formed on 16/9/1963 as embodied in the Constitution of Federation of Malaysia National policies from the ruling party implemented by ministries, departments or state government agencies through federal and state government officers. Efficient government ensured with acts and enactments passed by Parliaments and State Legislative Assembly
Efficient and effective government ensured with the involvement of its people and their readiness to accept the government, separation of power to prevent oppression and interference, distribution and sharing of power. All these constitute to provide stability and security for the country.
State government given power to rule and administer, manage state with powers as invested upon them by the Federal Constitution Government of a country is an organization with specific divisions consisting of people chosen or appointed. Selection or appointment based on procedures in legislation. Such procedures
Necessary to carry out functions for an effective and efficient government. Terms to remember Structure, system, separation of power or specialization of power, legislature, executive, judiciary
Legislature Originated from the Federal Council of 1901 whose members were the four Malay rulers, the British officers and a British Resident-General and four other unofficial members. Met to discuss matters pertaining to administration of FMS Federal Legislative Council formed. Consisted of 3 ex-officio members, 11 members from the St.St, 11 officers, 50 unofficial members
and later name changed to Federation Parliament when the first general election was held in 1955 with 98 members Malayan Parliament formed with 104 members. Parliament draws up, amends, repeals and passes laws concerning defence, safety, finance, education and other matters. It imposes or increases taxes any existing taxes. It passes national budget for any physical year. Malaysian Parliament bicameral that is with two houses – Lower House and Upper House
-Thus Parliament has 3 components – Yang di- Pertuan Agong, Dewan Negara and Dewan Rakyat. YDPA does not attend the proceedings but only opens or closes each session.
Yang di-Pertuan Agong * -Supreme head of state -instituted through the Federal constitution -Has the power to put into law bills passed by Dewan Rakyat and Dewan Negara. Every government acts has to pass through His Highness. -Can call, stop or dissolve Parliament on the advice of Cabinet or minister authorized by Cabinet
-Has the prerogative to the appointment of Prime Minister -Above everyone else in the country -Cannot be convicted in any trial nor in whatever court for any official duty as the chief executive but can be convicted in a special court under Section XV of the Constitution. Does not have complete immunity in the eyes of the law.
- not allowed to carry on with his duties as ruler of his state -cannot hold any salaried positions -cannot get involved in business or as provided in the federal and state constitution receive any emolument -cannot leave the Federation for more than 15 days at any one time without approval
from Council of Rulers except on official matters -can request for a meeting of the Rulers’ Council to be held to discuss matters pertaining to the special rights, status, honour and importance of the rulers and other matters as provided in the Constitution
- appoint the Federal and High Court judges on the advice of the PM -has full power to pardon and suspend punishments meted out for all courts martial offences and those committed in The Federal Territory of KL and Labuan -Supreme Commander of armed forces of the Federation
-Head of Islam in his home state, Malacca, Penang, Sabah and Sarawak -responsible for safeguarding the special position of Malays and natives of Sabah and Sarawak - has the power to amend state constitution