PAD190 PRINCIPLES OF PUBLIC ADMINISTRATION

January 9, 2018 | Author: Anonymous | Category: Social Science, Political Science, Government
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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 • • • • • •

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 • • • • •

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 • • • •

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 • • • • •

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 • • • •

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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