Chapter 5:

Public Administration in Malaysia

KLB 2213: Introduction to Public Administration
Introduction
Malaysia is a federation of 13 states, with three
territories.
The Federation of Malaysia is a constitutional
monarchy.
The executive part of the government is governed by a
prime minister and cabinet members
Legislative power is divided between federal and state
legislatures.
The federal parliament consists of the lower house (House
of Representative) and the upper house (Senate)
Each state has a State Legislative Assembly
Malaysias System and Structure of
Government
System refers to the division, each of which
has a function and a role to play.
In the context of the government it refers to
the system of government.
The structure of a government refers to the
stratifications in which each division works to
maintain the efficient administration of the
country.


The countrys system of
government has three
basic bodies
Separation of powers
political doctrine under
which the branches of
government are kept
distinct, to prevent
abuse of power.

This separation of
powers is widely known
as "checks and
balances."


Executive
Judiciary Legislative
Figure: Separation of Powers
Doctrine
Has the power to govern (federal or state level).
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.
The
Executive
Draw up, amend and pass laws.
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-Pertua Negeri (State).
The
Legislative
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.
The
Judiciary
The Parliamentary and Presidental
Types of Chief Executive
Parliamentary Executives
Power is vested in the office at the
Prime Minister who is the leader
at the majority party in legislature.
The head of government and head
of state is different person and
their function also different.
Head of State who is the Chairman
of the advisory board while
Head of Government is the
chairman of an active committee
or party.
Presidential Executives
The real executive power lies in
the office of the President who is
directly elected by people.
The Head of Government and
Head of State is the same person.
The Authority Hierarchy of Malaysia
Government Systems
Yang di-Pertuan
Agong
Legislative
Parliament
House of
Representative
Senate
Executive
Cabinet
Ministries
Departments and
Government
Bodies
Judiciary
Courts
Council of Rulers
Figure: Federal Government Administrative System
The structure of the countrys government and
administration is divided into two levels

Federal
Government
Administer the whole of Malaysia Federation through the
powers embodied in the Malaysia Constitution
State
Government
Empowered to rule and manage the administration at the
state level with power invested by the Malaysia
Constitution
Local
Government
Responsible on the local affairs aspect set by the state
and federal government.
The Jurisdictions (Lists) of the Federal
Government and The State Government
The Ninth Schedule of the Federal Constitution states that:
Legislative power is shared between the Federal
Government and State Government
Systematically distributes in the
Federal List (First List)
deals with the portfolio and jurisdiction of the Federal
Government
State List (Second List)
deals with the local State Government authority and
jurisdiction
Concurrent List (Third List)
deals with the jurisdiction and authority of both Federal and
State Government power over certain matters
The Jurisdictions (Lists) of the Federal
Government and The State Government
The Legislative Power
The Federal List covers the areas of external affairs, defense,
internal security, civil and criminal war, citizenship, finance,
commerce and industries, shipping, communication, health and
labor.

The State List comprises areas of land, agriculture, forestry, local
government, Muslim Law and several others.

In the Concurrent List, the areas covered are governed by both the
Federal Government and the State Government and include social
welfare, scholarship, wildlife protection, and town and country
planning. It should be noted, however, that should any dispute arise
in these areas or there be any inconsistency among them, the
Federal law takes precedence over State law.
Examples of Federal-State Relations in
Action
As a Malaysian citizen, you get to vote for the person you want to
represent you in the Dewan Rakyat (lower house or house of
reperesentative). This person is your Member of Parliament. If you live in
one of the 13 States in Malaysia, you also get to vote for the person you
want to represent you in the State Legislative Assembly. This is your State
Assemblyman.

The crime rate in your neighborhood has increased. You want to know
what the police are doing to solve the problem. Who should you go to
your State Assemblyman, or your Member of Parliament?

Under the Constitution, police and internal security are matters in the
Federal List, so you should ask your Member of Parliament to ask the
Home Minister in Parliament about what the police are doing.
The Issue:
The jurisdiction between Federal, State and
Local Government seems different.
However, the jurisdiction and portfolio of local
authorities sometimes clashes with the
authority of the Federal Government.

What are your comments towards this
statement?