System and administration structure of Malaysia Essay

School of Accounting & Finance, Malay Studies 3MPU3173: System and Management Structure of Malaysia, Group Work Abstract:

Malaysia is a federal constitutional monarchy located in Southeast Asia, comprising the southern Malay Peninsula of Malaya and the northern Kalimantan island of Sarawak and Sabah. This study focuses on the system and management structure of Malaysia, which is closely modeled on the Westminster parliamentary system inherited from British colonial rule. The head of state is the Yang di-Pertuan Agong, the monarch of the country. Power in Malaysia is divided into three parts by the three agencies responsible for it: the legislative assembly, the judiciary, and the executive.

In this paper, we will also discuss the system and management structure of my home country, China, and compare and contrast the two countries. By understanding each other’s culture, history, and politics, we can enhance mutual understanding.

Introduction:

Malaysia is a Southeast Asian country consisting of 13 states and three federal territories, with a total land area of 329,845 square kilometers (127,354 sq mi). The United Malays National Organization (UMNO), along with a coalition of political parties known as the National Front (BN), has held power since independence in 1957. Kuala Lumpur is the capital city, while Putrajaya is the home of the federal government. The population stands at over 28 million.

The country is separated by the South China Sea into two parts: Peninsular Malaysia and Malayan Borneo (also known as East Malaysia). Malaysia shares borders with Thailand, Indonesia, Singapore, and Brunei. It is located near the equator and has a tropical climate. The head of state in Malaysia is the Yang di-Pertuan Agong, an elected sovereign, while the head of government is the Prime Minister. The government is closely modeled on the Westminster parliamentary system.

In other words, is Malaysia a “constitutionally limited monarchy,” as the “new royalists” suggest and seek to maintain, or a “constitutional monarchy,” as many others believe? Malaysia is a democracy. The system and management structure of Malaysia are developed into three parts. Legislative power is divided between federal and state legislative assemblies. Executive power is vested in the cabinet, led by the prime minister. Malaysia’s legal system is based on English Common Law. Although the judiciary is theoretically independent, its independence has been questioned, and the appointment of judges lacks accountability and transparency.

The Federation of Malaya was a federation of 11 states (nine Malay states and two of the British Straits Settlements, Penang and Malacca) that existed from 31 January 1948 until 16 September 1963. The Federation became independent on 31 August 1957, and in 1963, it was reconstituted as Malaya with the addition of Singapore, North Borneo, and Sarawak. The combination of states that once made up the Federation of Malaya is currently known as Peninsular Malaysia.

2. Literature Review

The political system of Malaysia operates under a federal representative democratic constitutional monarchy, in which the Yang di-Pertuan Agong is the head of state and the Prime Minister of Malaysia is the head of government. Executive power is exercised by the federal government and the 13 state governments. Federal legislative power is vested in the federal parliament and the 13 state assemblies. The judiciary is independent of the executive and the legislative branches, although the executive maintains some level of influence in the appointment of judges to the courts.

The Constitution of Malaysia is codified, and the system of government is based on the ministerial system. The hierarchy of authority in Malaysia, as stipulated by the Federal Constitution, comprises three branches (administrative components) of the Malaysian government: the Executive, Judiciary, and Legislative branches. The Parliament consists of the Dewan Negara (Upper House/House of Senate) and the Dewan Rakyat (Lower House/House of Representatives).

State Degree

YDPA ( ·The state supreme head·Above every one and can non be convicted in any trial·constitutional monarchyHold the station for five years·Selection )

FEDERAL LEVEL

State LAGISLATIVE Assembly

FERAL LEVEL

Council OF THE RULES ( What ; Function/Role )

Senate

3. Methods and Stuff for Malaya

3.1 Legislative

Legislative power is divided between the federal and provincial legislative assemblies. The bicameral parliament consists of the lower house, the House of Representatives, or Dewan Negara (literally, the “Chamber of the Nation”). All 70 Senate members sit for three-year terms (to a maximum of two terms); 26 are elected by the 13 provincial assemblies, and 44 are appointed by the monarch based on the advice of the Prime Minister. Parliament has a maximum authorization of five years by law. The monarch may dissolve parliament at any time and usually does so upon the advice of the Prime Minister. General elections must be held within sixty days of the dissolution of parliament.

In practice, this has meant that elections have been held every three to five years at the discretion of the Prime Minister. Legislative power is divided between federal and provincial legislative assemblies. Malaysia has two sources of law. The national constitution, the nation’s supreme law, can be amended by a two-thirds majority in parliament. (Since its formation, the Dewan Negara has never lacked the necessary two-thirds until the 2008 General Election). The second source of law is Syariah (Muslim law), which applies only to Muslims. The federal government has little input into the administration of Syariah; it falls to the provinces to implement Islamic law, and interpretations vary from province to province. The parliament follows a multi-party system, and the governing body is elected through a first-past-the-post system.

3.2 Executive

Executive power is vested in the cabinet led by the Prime Minister. The Malayan constitution stipulates that the Prime Minister must be a member of the Lower House of parliament who, in the opinion of the Yang di-Pertuan Agong (YDPA), commands a majority in parliament. The cabinet is chosen from among members of both houses of parliament and is responsible to that body. The executive branch of the government consists of the Prime Minister as the head of the government, followed by the various ministers of the Cabinet. Strictly speaking, the Executive branch does not have the right to intervene in the Legislative or Judicial branches of the state. This is to ensure that the principle of separation of powers is adhered to, as guaranteed by Article 127 of the Federal Constitution.

3.3 Judicial

The judiciary is theoretically independent of the executive and the legislative assembly, although supporters of the government hold many judicial positions. The highest court in the judicial system is the Federal Court, followed by the Court of Appeal and two High Courts, one for Peninsular Malaysia and one for East Malaysia. The subordinate courts in each of these jurisdictions include Sessions Courts, Magistrates’ Courts, and courts for Children. Malaysia also has a Special Court to hear cases brought by or against all Royalty. There is also a Special Court, established in 1993 to hear cases brought by or against Rulers.

Before its establishment, Rulers were immune from any proceedings brought against them in their personal capacity. Rulers include the Yang di-Petuan Agong and the heads of state of Malaysia’s constituent states. Separate from the civil courts are the Syariah Courts, which decide on cases that involve Malaysian Muslims. These courts run parallel to the normal court system and are undergoing reforms that include the first-ever appointment of female judges. Debate exists in Malaysia over whether the state should be secular or Islamic. Some state governments controlled by the Pan-Malaysian Islamic Party, including that of Terengganu, have passed Islamic laws, but these have not gone into effect due to resistance from the federal government.

4. Methods and Structure in China

China is a communist state and also a one-party province. Since the initiation of China’s statute law on October 1, 1949, its governance, administration, and judiciary have been perfected, and China is governed by the rule of law. In terms of economics, after more than 30 years of dramatic growth following the reforms and opening up policy starting in the 1970s, China has eventually surpassed Japan and became the world’s second-largest economy after the United States.

LEGISLATION:

The National People’s Congress (NPC) of the People’s Republic of China is the highest organ of state power. Its permanent body is the standing committee of the National People’s Congress, which has the power to amend the constitution, oversee the implementation of the constitution, enact and amend criminal, civil, and state regulations and other basic laws of power. The National People’s Congress and the standing committee of the National People’s Congress exercise state legislative power.

EXECUTIVE:

China’s administrative leadership levels are divided into the national level, deputy national level, provincial level, provincial deputy level, sent at the internal level, county level, county deputy level, XiangKeJi level, and XiangKeJi deputy level. China’s administrative organs can generally be divided into five levels: national, provincial, internal, county-level, and XiangKeJi level. Specific cases include: (1) under the State Council (national); (2) the various ministries and committees under the State Council, the governments of the provinces (municipalities and autonomous regions); (3) the various ministries and committees under the State Council have departments, the provincial government office consists of the hall, around the city (internal); (4) the ministries and departments under the office of the State Council, the provincial agency under the office, the prefecture has an office, counties and county-level cities (county level); (5) the relevant units, towns, and townships government department (XiangKeJi).

Administrative divisions are for ease of management and hierarchical division of regions. Therefore, administrative division is also called administrative regions. At present, the country is divided into 23 provinces, five autonomous regions (including Taiwan), four municipalities directly under the central government, and two special administrative regions. China’s administrative division by the end of 2010, the total is divided into 34 provincial administrative regions (including four municipalities directly under the central government, 23 provinces, five autonomous regions, two special administrative regions), 333 regional administrative units (of which 283 are places, 17 are regions, 30 are independent prefectures, and three are leagues), 2,856 county-level administrative units (of which 853 are districts, 370 are county-level cities, counties, independent counties, and 117 are banners, four are direct-controlled municipalities, two are special zones, one is a forest area), and 40,906 township administrative division units. Now in many cases, the east, north, south, central, northeast, southwest, and northwest seven regional distributions are frequently used, as specific follows: north China (Beijing, Tianjin, Hebei, Shanxi, Inner Mongolia), east China (Shanghai, Shandong, Jiangsu, Anhui, Jiangxi, Zhejiang, Fujian), central China (Hubei, Hunan, Henan), south China (Guangdong, Guangxi, Hainan), southwest (Chongqing, Sichuan, Guizhou, Yunnan, Tibet), northwest (Shaanxi, Gansu, Qinghai, Ningxia, Xinjiang), and northeast (Heilongjiang, Jilin, Liaoning).

5. Different

Now, let’s look at how China and Malaysia have different systems of government. Malaysia is a constitutional monarchy, with the head of state called the Supreme Head of Malaysia. China is a socialist state with the People’s Congress system in place, where the People’s Congress holds the highest authority. The highest authority is different due to the distinct national systems of the two countries. China’s executive branch is the State Council of the People’s Republic of China. The Judiciary is composed of the People’s Court, which is a national judicial system divided into the Supreme Court, local degrees, and special people’s tribunals. Malaysia’s political structure is based on the rule of the meeting, with the Conference of Rulers holding significant power. The Prime Minister and State Minister of Justice are in charge of the provinces, with the Chief Minister assisting the meeting. Parliament, also known as the Congress, is the highest legislative body and is divided into the House of Lords and the House of Commons.

Finally, there are political differences between the two countries. The Communist Party of China is China’s ruling party, and the State establishments Party of the People’s Republic of China is the vanguard of the Chinese working class. The vanguard of the Chinese people is the leading nucleus of socialism with Chinese features and represents the development needs of China’s advanced productive forces, the orientation of China’s advanced civilization, and the central interests of the Chinese people. Multi-party cooperation and political consultation under the leadership of the Communist Party of China is a basic political system of the People’s Republic of China, known as the political party system with Chinese characteristics. The Chinese People’s Political Consultative Conference, under the leadership of the Communist Party of China, includes various democratic parties, democratic personages without party affiliation, people’s organizations, cultural minorities, and all nationalists who are participated by all socialist workers and nationalists who support socialism and the reunification of the fatherland, including our compatriots in Taiwan, Hong Kong, and Macao, and overseas Chinese compatriots, forming the broadest loyal united front organization.

Malaysia has more than 40 registered political parties. The National Front alliance is composed of 14 political parties in power. The National Front, or Barisan Nasional, is the ruling alliance. From April 1974, the party has expanded its base in the Malaysian Union, and its members opposed independence. Each party has its campaign logo and uniform when the declaration of election campaign seats are allocated for internal consultation. The focus is on economic development, organizing all political parties, establishing peace, stability, prosperity, and social justice. The main ruling party is the United Malays National Organization, the Malaysian Chinese Association, and the Malaysian Indian Congress.

In summary, different countries have different political systems to suit the basic national conditions and development of their respective countries. The differences in the executive branches of the two countries also reflect their different cultures and backgrounds.

6. Decision

Now, Malaysia is an emerging diversified economic system. Its economy has grown by leaps and bounds since the 1990s and is now one of the leading emerging industrial states and emerging market economies in the world. Tourism has become Malaysia’s third-largest source of foreign exchange earnings, and its knowledge-based economy in the service sector is also growing. Malaysia has a long history of exchanges with China, and the two countries established diplomatic relations. Since then, they have continued to expand and intensify bilateral relations, bringing tangible benefits to both sides while promoting the prosperity and development of the two countries and the region as a whole.

The two sides will further strengthen coordination and cooperation in a wide range of areas and work together to promote peace, stability, security, harmony, and development in both countries and the region. We came to Malaysia for six months and felt that the people are very warm and friendly, and the culture is more open. The economy is experiencing flourishing development. This is a country that makes people feel comfortable and happy. We believe that Malaysia will continue to develop better and better, with an increasingly important international position, and maintain friendly relations with China. That’s all. Thank you.

Reference list:

1. Nazaruddin Hajji Mohd Gaol, Ma’rof Redzuan, Asnarulkhadi Abu Samah, and Ismail Hj Mohd Rashid. (2004). Pengajian Malaya: Kengaraan dan Kewarganegaraan. Edisi kedua. Petaling Jaya: Prentice Hall.
2. Jayum A. Jawan. (2002). Politics and Government in Malaysia. Shah Alam: Karisma Publications.
3. Nazaruddin Hajji Mohd Gaol et al. (2001). Pengajian Malaysia. Learner Hall: Selangor.
4. https://my.china-embassy.org/chn/malaysia/mlxygk/t174743.htm
5. https://news.xinhuanet.com/ziliao/2002-04/15/content_358691.htm
6. https://asiancorrespondent.com/123737/the-confusion-about-constitutional-monarchy-in-malaysia/
7. https://en.wikipedia.org/wiki/Politics_of_Malaysia#Legislative
8. https://www.doc88.com/p-687402941474.html
9. https://en.wikipedia.org/wiki/Federation_of_Malaya
10. https://asiancorrespondent.com/123737/the-confusion-about-constitutional-monarchy-in-malaysia/12