Section 9-Malaysia Adminsitration

7/31/2019 Section 9-Malaysia Adminsitration

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TOPIC 9

MALAYSIA

ADMINISTRATION

SYSTEM


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THE INTRODUCTION OF MALAYSIA

SYSTEM OF GOVERNMENT & NATIONAL

ADMINISTRATIVE STRUCTURE

Malaysia practises a parliamentarydemocracy system government & monarchyconstitutional.


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General election people choose their ownrepresentatives.

Cabinet of ministers who govern but the rulers are

not neglected. Malaysia administrative government have two levels

of government : Federal government & Stategovernment.

Federal government central government throughthe Cabinet.

State government through the State LegislativeAssembly.


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The central government & state government

have theirs own areas of jurisdiction as

embodied in the Constitution.

The constitution also embodies the powers

jointly shared between the two levels

government.

The Malaysia administrative structure are fromFederal(Central)StateDistrictVillage.


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The power among three important parties :

the governing body (executive), the

legislature(legislative) & the judiciary (judicial)

have practised effectively in central level to

state level.


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SPECIALISATION OF POWER

Separation power do not overlap and each

body have its own role. This mean there is no

interference between the bodies.

Each body cannot influence the decision or

action taken by another body.


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THE THREE BODIES

THE EXECUTIVE :

federal & level state has a power to govern.

Does involve itself in the matters & affairs ofthe judiciary or legislature.

The executive in federal level are known as

the CABINET and state level are known as

the STATE EXECUTIVE COUNCIL.


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THE LEGISLATIVE:

To draw up, amend & pass laws.

Exist at two level. Federal level PARLIAMENT, State level

STATE LEGISLATIVE ASSEMBLY.

Theoretically there is no overlapping powersbetween the bodies but in Malaysian context

it is a little different.


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Federal Constitution which permits theCabinet (the executive) to draw up, amend &pass the laws on behalf of Parliament to be

enforced by the minister or anotherempowered party.

The same situation occurs at the state levelwhere the State Legislative Assembly make

laws.

The laws can be enforced after the King(Yang di-Pertuan Agong)/Sultan conscent it.


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THE JUDICIARY :

Can decide if the laws are valid or cannot be

enforced because they exceed their powers

of jurisdiction as specified in the Constitution.

The primary role to acts as an institution

that defends the supremacy of Constitution &

see the balance of power between theExecutive & the Legislative bodies.


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THE STRUCTURE

THE EXECUTIVE BODY The Executive structure (Federal Level &

State Level)

Federal Level :

Yang di-Pertuan Agong The Council ofRulers,

The CabinetPrime MinisterMinisters.

The Ministry,

The Federal Department,

The Public Service,

The Commission.


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State Level :

Sultan/ Yang di-Pertua Negeri (the state

rulers),

The State Executive Council.


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THE LEGISLATIVE BODY

The Legislative structure (Federal & State

level).

Federal Level:

Parliament Yang di-Pertuan Agong, The

Senate House and The Representative

House.

State Level:

State Legislative Assembly.


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THE JUDICIARY BODY

Generally divided in to three levels Federal

Court, State Court and Lower Courts.

The Supreme Court headed by the Chief

Justice.

The High Court have two in the state of

Malaysia : High Court of Malaya (registered

in Kuala Lumpur-each state in has its ownHigh Court) & High Court in Sabah and

Sarawak (Borneo High Court).


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The lower courts in Malaysia consist :

Session Court,

Magistrate Court, District Court (Mahkamah Anak Negeri) in

Sabah & Sarawak only.

Penghulu Court (only in PeninsularMalaysia)-minor cases at the village level.


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There are also courts known as SpecialCourts namely as:

Under-aged children (Juveniles) Juvenile

Court, Industrial Court cases involving workers &

employers,

Syariah Court cases relating to violation ofIslamic laws and in Sabah & Sarawak areexamined in the Bumiputra Court.


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THE STATE ADMINISTRATIVE

MACHINERY

The State Government Department,

To ensure the administration in state level

more efficient and smooth.

The regulation embodied in the Federal

Constitution.

Carry out the state executive power in the

name pf the ruler or the Yang di-Pertua of the

state government.


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COORDINATION BETWEEN THE

STATE & FEDERAL

GOVERNMENT

The National Land Council, The Finance

Council & National Council for Local

Government to ensure uniformity in thenational government administration, a

mechanism for coordinating the central

government with the state government.


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DISTRICT, MUKIM & VILLAGE

ADMINISTRATION

To ensure the adminstration system does not

end at the state level but extends to the level

of the districtmukimvillage.

District headed by the District Officer.

Mukim headed by the Penghulu.

Village headed by the Head of Village /

Ketua Kampung.


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THE LOCAL GOVERMENT

Purpose :

Showed Malaysia practises democracyparliamentary & federal system.

The state government has certain jurisdiction inadminstrating & managing affairs of the state.

The central government cannot question decisionsmade & methods of implementation taken at thislevel.

Has power sharing federal and state level. Devolution handing down of power : the body

created has the power to make decisions quickly &efficiently for the local habitants LOCALGOVERNMENT


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Role & Management:

To enable the local habitants whether in the cities,

towns or district.

To join and take part in managing their own affairsand interest.

The responsibility involve largely the work of

preparing facilities & social services.

To enhance the quality of life of the local citizens.

Covers of aspect in cleanliness, beutifician,

recreation, business etc.


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CONCLUSION

The principle of Malaysia administrative are

practises the power sharing from the federal

level to the state level.

Malaysia practises the concept of

administrative Democracy Parliamentary

and Monarchy Constitutional. Type of

Malaysia administrative is Federation.

Documents

Section 9-Malaysia Adminsitration