Government of Malaysia - Wikipedia
Legislative power is divided between federal and state hair-restore.infoia has two sources of law. The national constitution, the nations. The new balance of federal–state relations has allowed the BN-led states of and responsibilities between the federal and state governments. Legislative power is divided between federal and state legislatures. The prime minister of Malaysia is appointed by the Yang di-pertuan Agong who also.
The Federal Court is the supreme court; it is the final court of appeal, and it has exclusive jurisdiction in constitutional matters and in issues arising between states or between the federal government and the states. Appeals arising from the High Courts come before the Court of Appeal.
The sessions courts are presided over by a judge and have limited jurisdiction in civil and criminal cases.Federalism In Malaysia
All judges are appointed by the monarch on the advice of the prime minister, and magistrates by the state authority on the advice of the chief judge. In the late eighteenth and nineteenth centuries, Britain created colonies and protectorates in the area of present-day Malaysia. Reaction to colonial rule commenced in the early twentieth century. By the outbreak of the Second World War anti-colonial nationalism had begun to be felt among the Malay community; the formation of the Union of Young Malays was one manifestation of this.
Between and the country came under Japanese occupation. When British rule was reintroduced at the end of the Second World War, it met active resistance. Inthe British-ruled territories on the Malay Peninsula except Singapore became the Federation of Malaya, which achieved independence in The formation of Malaysia took place six years later when the erstwhile British colonies of Singapore, Sabah and Sarawak entered the federation.
Inby mutual agreement, Singapore left the federation and became an independent state. One of the factors contributing to this present situation is that of constitutional design. Hence, although the Federal Constitution itself recognises the sovereignty of each state, this spirit is not adequately imbued within the document. Although the original drafters may have intended for a true federalist Malaya, the Constitution remained silent on the actual administrative provisions of distribution, and worse, did not adapt to its later changing political structures.
The ninth schedule of the Federal Constitution lays out the distribution of legislative powers and responsibilities between the federal and state governments. The state governments are left with lands and mines, Muslim affairs and customs, Native laws and customs, agriculture and forestry, local government and public services, burial grounds, markets and fairs, and licensing cinemas and theatres.
The concurrent list covers social welfare, scholarships, town and country planning, drainage and irrigation, housing, culture and sports, public health and water services . Because the constitution gives the central government authority over most of the crucial items, the state government is left with little else.
The Selangor state budget of course is much larger, given its greater urban population and size, of RM1. Taxation has been monopolised by the federal government, which leaves state governments only a small range of indirect taxes and export duties.
In the past, the federal government was able to hold the Kelantan state government also under opposition at ransom by keeping them functioning but barely so, resulting in little development relative to other Barisan-led states. This sort of patronising benevolence from the top perpetuates a culture of beggary of states towards the federal government.
One of the ways to weaken opposition states has been to reduce budgetary grants and hampering policy implementation. The centralisation process was further exacerbated by the abolishment of local council elections, and use of the Internal Security Act which allows for detention without trialthe OSA and the Printing Presses and Publications Act that restricts civil liberties.
As Pakatan took over in Penang and Selangor, several changes were made to restrict financial flows. Another important factor is that of the civil service. The majority of the civil servants at the state and local governments in Penang and Selangor is appointed by the federal government. Consequently, constitution becomes the highest law in this country.
It can be explained, every state was united under federal government while at the same time protecting their right in certain jurisdiction. Hence, the division of power can be viewed clearly through Article 74, Ninth Schedule which divided the power into three which are Federal List, State List and Concurrent List. Firstly, Federal List provides major matters in this country.
Federalism in Malaysia - Wikipedia
Though this list, there are 27 matters covered by the federal government. The matters covered by government were external affairs, defence, internal security, citizenship, finance, trade, commerce, shipping, navigation, fisheries, civil and criminal law and procedure, industry, communication, transports, survey, 6 education and publications. Hence, the federal government will be accountable and focused through this matter. Secondly, States List covers 13 subjects.
Every state should be questionable and capable to carry out these 13 subjects. The subjects that covered by States are Islamic law, land, agriculture, forestry, local government, water, Malay reservation, turtles and revering fishing.
Through the State List, it can be notified that the field covered by the state government is minor field. Thirdly, Concurrent List referring to the field or matters that should be covered mutually by then state and federal government. It can be explained that federal and state government should cooperate in these matters.
Federalism in Malaysia
This Concurrent List containing 14 fields includes social welfare, scholarship, drainage, irrigation, public health, fire safety measures, National Parks,culture, sport and housing. Thus, it can be notified that Concurrent List requires commitment from both governments even though with different political background. The addition on State List cover six matters includes native law and custom, ports and harbor, Sabah railway citizenship and immigration. On the other side, the addition also can be found in the Concurrent List for Sabah and Sarawak includes water power and electricity, agriculture and forestry research, trust and public amusement.
This addition to the list was a response to demand of both states when they join the Federation of Malaysia in Through this clear division of power, there will no clash or misconception of fields and jurisdiction between both governments. The special addition to Sabah and Sarawak List should be understood since the history of their acceptance to formation of Malaysia as well as the geographical factors that 6 Shad Saleem, Faruqi, Document on Destiny: Star Publication, Therefore, it can be clearly noted that constitution conduct the way on both governments run their administration and any clash can be referred to constitution since it is supreme law.
Obviously after establishment Federation of Malaysia in up to nowadays, the issues are focusing on relation between state governments and federal government.
The duality of governments leads to some issues that can be discussed between them. Firstly, in term of constitutional amendments that gives full authority to the federal government through legislature in the Parliament. There is clearly can be viewed here that there is no involvement of states government.
However, the amendment regarding territorial changes to the boundaries of state should get consent from the state government. At the same, the amendment regarding rights of Sabah and Sarawak also should get approval from their states government. In term of amendment regarding the matter on Sabah and Sarawak rights, it should be noted the federal government should have an approval from the Governors from these states.
However, positions of Governors were the position that appointed by federal government and it mostly have tendency for the Governors to be in the side of federal government. Hence from these two issue regarding amendment, it can be pointed that the states have little power of amendment of the constitution. When the emergency enacted, any law that require the consultation of states no longer apply the consent of states. However, there six matters that cannot be amended which are religion, citizenship, language, Muslim law, customs of Malays and the native law in Sabah and Sarawak.
This situation looks likely the federal government to be unitary system. In the history of this country, there are four examples can be viewed regarding the issues of emergency law enacted. Firstly, the emergency was declared in when there was a confrontation with Indonesia when they are refusing the establishment Federation of Malaysian in This emergency is necessary to ensure the government can create any law in protecting country from international threats.
Secondly, the emergency enacted in when the Chief Minister of Sarawak got no confidence votes from State Legislative Assembly but he refuse for his resignation. The emergency declaration is needed for federal government to amend the law regarding that issue.
Thirdly, the emergency was declared in when there was a tragedy of 13 th May regarding racial riots. Emergency law is required to reconstruct the administration of this country. Lastly, the emergency declared in on Kelantan when their Chief Minister refused to resign from that position after got no confidence votes.
Overall, the emergency declaration is necessary for federal government for stability of the country but will leads to misuse of power when it repeatedly for many times.
- April 23, 2010
- Government of Malaysia
Thirdly, the other issue on federalism in Malaysia is international treaties that not necessarily required any consent from the states government. To be explained this, the matters in the States List can be across through any treaty by federal government with other countries can be do without any consent from the state.
However, matters regard Islamic law and custom of Malays and native law and customs of Sabah and Sarawak strictly should be consulted with the 9 respective state. Fourthly, the power of government to uniform any law in the State List is one the issues in the federalism in Malaysia. It should be noted that federal government have a power to standardize any law in the State List as stated in the Article 76 1 b.
However, there are some exceptions for the uniformity law in Malaysia. The exceptions include law that only operated by one state only, the law in Sabah and Sarawak as well as the requirement of adoption is waived in the all matter land and local government. Thus, this clearly explained states matters can be centralized by federal government.