Transcript PAD190 PRINCIPLES OF PUBLIC ADMINISTRATION

PAD190
PRINCIPLES OF PUBLIC
ADMINISTRATION
LESSON 4
GOVERNMENT AND
ADMINISTRATIVE MACHINERY
INTRODUCTION
The study on the on government
administrative machinery is focus on
• the interconnected structures and processes of
government, such as the functions, responsibility
and accountability of departments in the
executive branch of government.
• The established systems of public administration
where different elements of machinery are
created.
THE OBJECTIVES OF THIS LESSON
After attended this lecture student should be
able to:1. Identify the Malaysian government
structure and administrative system.
2. Explain the functions of executive,
legislative and judicial.
3. Explain the government administrative
machinery at federal, state and local level.
4. Explain the constitutional provisions that
relate to government administrative
machinery.
GOVERNMENT ADMINSITRATIVE
MACHINERY
• GOVERNMENT – is the body that is having power
in a given unit – whether national, regional or
local and the whole constitutional system.
• The Machinery of Government (sometimes MOG)
means the interconnected structures and
processes of government, such as the functions
and accountability of department in the executive
branch of government.
• In modern democratic nation, the concept of
separation of power used a basis for designing
government machinery and public administration.
THE SEPARATION OF POWER
• The concept separation of power divided the
power of government into three branches
namely:• Executive – Formulate and Implement law and
policy
• Legislative – Make law
• Judiciary – Execute the Law and settle dispute
MALAYSIAN GOVERNMENT
• Malaysia is currently a constitutional monarchy,
nominally headed by Yang di-Pertuan Agong
(YDPA), customarily referred to as the king. The
Prime Minister is the head of government
• The Constitution of the Federation of Malaya
which was promulgated on Merdeka day,
August 31, 1957 (revised in 1963) sets out the
broad framework within which the country is
run.
• Malaysia inherited Westminster system from
British.
• The Constitution of Malaysia is the supreme and
overriding law of the nation.
• Under the constitution, Malaysia is a federation and
practice a concept of parliamentary democracy
which forms the basis of the government
administration in Malaysia.
• The Constitution of Malaysia provides for the
establishment and the organization of three main
branches of the government: the bicameral
legislative branch called the Parliament, which
consists of the House of Representatives and the
Senate; the executive branch led by the Prime
Minister and consists of Cabinet Ministers; and the
judicial branch headed by the Federal Court.
• The constitution also defines the rights and
responsibilities of the federal government, the
member states of the federation and the citizens
and their relations to each other.
• the Constitution underlines the separation of
governing powers among the Executive, Judicial
and Legislative Authorities.
• Executive power is exercised by the federal
government and the 13 state governments.
• Federal legislative power is vested in federal
parliament and the 13 state assemblies.
• Judicial power is exercised by the Courts
established by the federal government.
MALAYSIAN
FEDERAL GOVERNMENT
• Malaysian Federal government is the common
government of Malaysia comprising the 13 states and 1
Federal Territory Kuala Lumpur and Labuan. Headed by
Yang DiPertuan Agong (YDPA) as the head of state and
Prime Minister as the head of government.
• Federal government shares the national sovereignty
with other 13 states government
• The federal government administrative machinery is a
combination of three major components set out by the
constitution. The Federal Executive, Legislative and
Judicial Body.
THE COMPONENTS OF FEDERAL
GOVERNMENT MACHINERY
EXECUTIVE BODY
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YDPA/DEPUTY YDPA
COUNCIL OF RULES
CABINET MINISTERS
FEDERAL SERVICE COMMISION
NATIONAL COUNCIL
COORDINATING COUNCIL
YANG DI-PERTUAN AGONG
• Article 32. - The Yang Di-Pertuan Agong is
appointed once in every five years from a pool
of nine Sultans who head the nine states in
Malaysia.
• The Yang Di-Pertuan Agong is the supreme
head of state in Malaysia and he acts on the
advice of the Parliament and the Prime
Minister, who heads the Cabinet.
• In matters pertaining to Parliament, the Yang DiPertuan Agong is given the right to appoint senators
on the advice of the Prime Minister.
• As the head of the Judicial Authority, the Yang DiPertuan Agong has the legal right to appoint the
Chief Justice, Federal and High Court judges based on
the guidelines stipulated in the Federal Constitution
and acting on the advice of the Prime Minister.
• In states that do not have a Sultan as their head, the
Yang Di-Pertuan Agong is the head of religion and
thus, has the power to pardon offences and override
sentences passed out by the Syariah Courts in these
states.
The Power of YDPA
• Article 3. (5) - The YDPA as Head of Religion of Islam in
the Federal Territories Kuala Lumpur and Labuan.
• Article 40. (1) - YDPA to act on advice of the Cabinet
or of a Minister acting under the general authority of
the Cabinet.
• Article 41. - YDPA shall be the Supreme Commander
of the armed forces of the federation.
• Article 42. (1) - YDPA has the power to grant pardons,
• Article 43. (1) - YDPA shall appoint a Cabinet Ministers
to advise him in the exercise of his functions.
• Article 114. (1) - The appointment of the Election
Commission
• Article 145. (1) - YDPA appoint Judge of
Federal Court, Attorney General.
• Article 150. (1) Proclamation of emergency
DEPUTY YDPA
• Article 33. (1) – There shall be a Deputy
Supreme Head of the Federation (to be called
the Timbalan Yang Di-Pertuan Agong) who
shall exercise the functions and have the
privilages of the YDPA during any vacancy in
the office of the YDPA and during the period
during which YDPA is unable to exercise the
functions of his office owing to ilness, absence
from federation or for any other cause, ......
CONFERENCE OF RULERS
• Article 38. (1) There shall be a Majlis Raja-Raja
(Conference of Rulers), which shall be
consituted in accordance with the Fifth
Schedule.
• Article 38. (2) The Conference of Rulers shall
exercise its functions of –
Electing YDPA and DYDPA
Appointing members of the Special Court
under clause (1) of article 182;
Granting pardons, under clause (12) of article
42,
CABINET OF MINISTERS
• Article 43. (1) – The YDPA shall appoint a Cabinet
Ministers to advise him in the exercise of his
functions.
• The cabinet is a council of ministers who are
accountable to the Parliament.
• Members of the Cabinet can only be selected from
members of either houses of Parliament.
• Headed by PM as the Head of Government.
• Cabinet Ministers comprise of: Prime Minister,
Deputy PM, Ministers with portfolio.
• The Cabinet meets weekly, originally every
Wednesday.
CABINET MINISTERS OF MALAYSIA
FUNCTIONS OF CABINET
• To advice YDPA on any matters related to
national interest;
• To formulate National policy and development
programs;
• To set the annual budget and financial plan;
• To monitor the implementation of policy;
• To propose any new relevant law or
amendment to the existing law to parliament;
• To take any executive decision.
FEDERAL SERVICE COMMISION
• Article 138. (1) Judicial and Legal Service
Commission
• Article 139. (1) Public Service Commission
• Article 140. (1) Police Force Commission
• Article 141A. (1) Education Service
Commission
• Anticorruption Commission
NATIONAL COUNCIL
• Article 91. (1) There shall be a National land
Council consisting of a Minister as chairman,
one representative from each of the states,
appointed by the Rule or yang DiPertuan
Negeri.
• Article 95A. (1) There shall be a National
Council for Local Government
• Article 108. (1) There shall be a National
Finance Council .
COORDINATING COUNCIL
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National Sport Council
National Council on Higher Education
National Financial Planning Council
Malaysian Council for Blind
Malaysian Youth Council
THE FEDERAL LEGISLATIVE BODY
Parliament as the ultimate legislative body in Malaysia, Parliament
is responsible for MAKING LAW (passing, amending and repealing
acts of law.)
• Article 44. The legislative authority of the Federation shall
be vested in a Parliament, which consist of the YDPA and
two House of Parliament (House of Senate & House of
Representatives). Bicameral system of parliament
• Article 45. Composition of Senate
• Article 46. (1) Composition of House of Representative.
• Article 62. (3) Unanimous decision based on simple
majority.
• Article 66. (1) The power of Parliament to make laws shall
be exercised by Bills passed by both Houses.
LEGISLATIVE PROCEDURE
• PROPOSED ACT OF LAW – Minister prepares a first draft
of the proposed act of law assisted by Attorney General
known as the bill.
• FIRST READING – Minister submit the bill to the
Parliament
• SECOND READING – Members of parliament discuss
and debate the bill
• THIRD READING – Members of Parliament vote for
approval, should the bill pass then ready sent to House
of senate. (A 2/3rds majority is usually required to pass
the bill).
• YDPA give the Royal assent.
• Published in Government gazette and known as Act.
JUDICIARY
• The judiciary (also known as the judicial system or
judicature) is the system of courts which interprets and
applies the law in the name of the sovereign or state.
The judiciary also provides a mechanism for the
resolution of disputes. Under the doctrine of the
separation of powers, the judiciary generally does not
make law (that is, in a plenary fashion, which is the
responsibility of the legislature) or enforce law (which
is the responsibility of the executive), but rather
interprets law and applies it to the facts of each case.
• Malaysia has a unified judicial system, and all
courts take cognizance of both federal and
state laws.
• Religious courts decide questions of Islamic
law and custom.
• Malaysia practicing two types of judicial
systems
- The Civil Courts – deals with civil/common
law
- The Syariah Courts – deals with matters
pertaining to the religious laws of the Muslims
and its jurisdiction is solely over Muslims
MALAYSIAN JUDICIARY
COMMON OR CIVIL
LAW/CIVIL COURTS
• CHIEF REGISTRAR
• CHIEF JUSTICE
• FEDERAL COURT
• COURT OF APPEAL
• HIGH COURTS
• SUBORDINATE COURTS
- Session Courts
- Magistrate Courts
• JUVENILE’S COURT
• SPECIAL COURT
ISLAMIC OR SYARIAH
LAW/SYARIAH COURTS
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Syariah Appeal Court
Syariah High Court
Syariah Subordinate Courts
Jurisdictions of different levels of
courts defined in State legislation.
• The Syariah Courts have jurisdiction
only over matters involving
Muslims, and can generally only
pass sentences of not more than
three years imprisonment, a fine of
up to RM5,000, and/or up to six
strokes of the cane.
ATTORNEY GENERAL’S CHAMBER
FUNCTIONS
• To give legal advise and views to the Malaysian Government in
accordance with the international law and principles taking into
account the policy of Malaysian Government , public policy,
interest and domestic laws.
• To Advise the Federal and State Government on all legal matters
including syariah laws..
• To draft all legislation for the Federal Government.
• To provide prosecution instructions to all related law
enforcement agencies for criminal cases.
• To represent the Government in civil cases.
• To revise and reprint the laws of Malaysia and to undertake law
reform in identified areas.
THE STATE GOVERNMENT
The Federal Constitution – 13 states
• Article 70 (1) – Rulers or Yang di-Pertua
Negeri-Yang di-Pertua Negeri of the States
shall take precedence over all other persons.
• Article 71 (1) The Federation shall guarantee
the right of a Ruler to succeed and to hold,
enjoy and exercised the constitutional rights
and privileges of a Ruler of that State in
accordance with the constitution of that State.
• Article 72 (1) The State legislative Assembly
has the privileges
• Article 73 (b) The legislator of a State may make laws
for the whole or any part of that state.
• Article 75 – If any state law is inconsistent with
federal law, the federal law should prevail and the
state law shall, to the extent of the inconsistency, be
void.
• Ninth Schedule - List 11 – State list
• Tenth schedule Part 1 – Capitation grant (grants and
sources of revenue assigned to states)
• Tenth schedule Part 11 – State road grant
• Tenth Schedule part 11 1 – Sources of revenue
assigned to states.
List 11 – state list
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Islamic affair
Land
Agriculture and forestry
Local government
Services of local
character
• Public works and water
• State civil service
• State holidays
• Creation of offences in
respect to any state law
• Commission of enquiry
dealt with state law
• Indemnity dealt with
by state law
• Rivering fishing
• State libraries and
museums.
STATE GOVERNMENT ADMINISTRATIVE
MACHINERY
The State Constitution
• Ruler or Governor or Yang di-Pertuan Besar
• State Executive Council (EXCO) - State cabinet
• State Legislative Assembly (unicameral) – is people
representatives and they are elected based on
state constituency election. (13 state legislative
assembly). Has the power to enact state laws.
• State Department – state public service
• State agencies – Water supply
• District Offices – land and Mining administration
LOCAL GOVERNMENT
• Local government refers collectively to
administrative authorities over areas that are
smaller than a state.
• Local governments usually have some of the
same kind of powers, especially in providing
public utilities and collect taxes.
• Local governments have certain autonomy and
given the power through devolution process.
• Local government is infra-sovereign government.
Subject to the superior government.
DEVOLUTION
• The statutory granting of powers from the
central government of a sovereign state to
government at a subnational level, such as a
regional, local, or state level
• The moving of power or responsibility from a
main organization to a lower level, or from a
central government to a regional government.
• The powers devolved may be temporary and
ultimately reside in central government.
Local government in Malaysia
• Local government is the lowest level in the
system of government in Malaysia—after federal
and state. It has the power to collect taxes (in the
form of assessment tax), to create laws and rules
(in the form of by-laws) and to grant licenses and
permits for any trade in its area of jurisdiction, in
addition to providing basic amenities, collecting
and managing waste and garbage as well as
planning and developing the area under its
jurisdiction.
• Local government in Malaysia is also know as local
authorities are generally under the exclusive
purview of the state governments and headed by a
civil servant with the title Yang Di-Pertua
(President).
• The operation of Local government in Malaysia is
subject to the Local Government Act 1976 (Act
171). This act of parliament outlines the form,
organisational structure, functions and
responsibilities of a local government.
• The Ministry of Housing and Local Government in
charges all local government.
• National Council for Local Government – as
Types of local Government
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City Hall (1 Kuala Lumpur City Hall)
City Council (11 state capital)
Municipal Council (36)
District Council (96)
Local Government Administrative
Machinery
• President – appointed by the state
government
• Councilors – appointed by the state
government among the public has the power
to make by-laws.
• Department – implementing the roles and
functions of local government.
• Local government staff/personnel are
appointed by the council (closed system of
appointment)
THE FUNCTIONS OF LOCAL
GOVERNMENT
• OBLIGATORY FUNCTIONS – mandatory by laws
eg: building and maintenance of public
utilities
• DISCRETIONARY FUNCTIONS – not mandatory
by laws and depend on competency of the LG.
eg: additional development projects for
communities.
CONCLUSION
• There are several levels of government and the
formation of government depends on the system
being practiced.
• Government administrative machinery assists the
government in policies implementation and It is an
important part of government.
• Government machinery given the powers to
implement the government policies.
• The powers of government and its machinery
subject to the constitution and laws.
THAT ALL FOR TODAY
SEE YOU AGAIN NEXT LECTURE
LESSON 5
“GOVERNMENT AGENCIES”
THANK YOU
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