These presentation will help scholar to understand why Malaysia is having stronger federal system as against other countries in the world. with a little comparison with Nigerian system.
Postal Ballots-For home voting step by step process 2024.pptx
Malaysian federalism compared to Nigeria
1. Malaysia has always being referred to as having
the strongest federal government as compared to
other countries that adopt federalism. Evaluate
this statement by giving appropriate examples.
Prepared by: Dikko Aminu Yusuf
814978
To
DR RUSLAN ZAINUDDIN
2. Introduction
• In the 21st century different forms of government where adopted in
the world. It can be capitalist, socialist or communist in these
perspectives and can also classified according to their political
perspective, how they are governed either by democracy, autocracy,
monarchy, federal, unitary, parliamentary and so on.
• Malaysia is a country that adopted the federal democratic and
monarchical system in its unique form. The country has sixteen (16)
federal state and nine (9) are govern by the monarchs (Kings) while
the others by Governors appointed by the chief minister of the state.
The composition of the 16 states forms a federal government ruled
by a Prime minister and all the states are self-autonomous.
5. Federalism
• Federalism as a system of government in which Malaysia
adopted can be seen as “A system of government in which the
central and regional authorities are linked in a mutually
interdependent political relationship; in this system a balance
is maintained such that neither level of government becomes
dominant to the extent that it can dictate the decisions of the
other, but each can influence, bargain with, and persuade the
other. Usually, but not necessary, this system will be related to
a constitutional structure establishing an independent legal
existence for both central and regional government, and
providing that neither shall be legally subordinate to the other.
9. Malaysian Strong Federal System
In an attempt by the Malaysian government to establish a strong central
government with the state enjoying a measure of autonomous body, the
Reid Commission was set-up to look into and make recommendation with
the knowledge between the two levels of government (Mohd and Aris,
1983). The commission recommended for the establishment of a
constitutional machinery such as the National Finance Council, thus the
commission was of the opinion to give the federal authorities with upper
hand (Juntak, 1974).The also commission adopted the 1948 constitutional
framework and the state autonomy was safeguard in the form of senates
power on amendments (Suffian, Lee and Trindade, 1974). The
recommendation by the commission was still maintained even after the
formation of Malaysia in 1963, after Sabah, Sarawak and Singapore joined
the name was changed from the federation of Malaya to Federation of
Malaysia (Bari, 2008).
10. Count..
• The power to declare state of emergency under the leadership
of Tun Dr Mahathir was retained under the YDPA and they
were given the time to consent to the bill was extended to 60
days. It was initially proposed that the power to declare state
of emergency be given to the Prime Minister and in the 1983
constitutional amendment where it was proposed to shorten the
period given to the YDPA for giving attention to the bill passed
by parliament under article 66(5) of the federal constitution
from 30 days to 15 days (Mahathir, 2011).
11. Count…
• The introduction of code of ethics for rulers power in 1992 following the
constitutional amendment in 1993 which recommends the immunity clause
of the rulers in office be removed (Yusof, 1995). The federal government
rejected the hooded law by Kelantan government because it was against
Article 75 of the federal constitution. Even though the state refused to
cooperate and this was seen through the failure of KESEDAR project and
issues on PERGAU. Thus it can be said that federalism under Tun Dr
Mahathir was really centralised, the power of the federal government
through the financial support to the state government made it very strong as
the federal government fund became the main source of government
finance or revenue to the state (Raja Omar, 2012).
12. Count…
• The constitution attributes the bulk of revenue to the federal
government, including tariffs as well as taxes on income. In
fiscal terms, Malaysia is one of the most heavily centralised
federations in the world (Bhattacharyya 2010). State
governments are dependent on smaller, less flexible revenue
sources such as land, forestry, mines and entertainment. They
can also create subsidiaries that operate on a for-profit basis,
which can then be used to cross-subsidise other activities.
Additionally, the constitution stipulates that states receive a
series of federal grants, including two pegged to their
population and road network (Tenth Schedule, Constitution of
Malaysia; Abdul Rahim 2000).
13. Count…
• Friedrich (1950) opined that “division of power is the basis of civilized
government. It is what is meant by constitutionalism. Constitutionalism can
be monarchical, it may be democratic or it might be both”. In a federal
system, the division between the central or federal government and the state
government is enshrined in the constitution and executed, its authority is
supreme. In theory, it ensures that neither the central government nor the
state government can violate on the powers of each other. The central
government can affect the state government autonomy by making inroads
into their legislative spheres or by delimiting their territory then the system
is not a federal system but unitary system of government. Malaysian
constitution adopted good division of power among the various levels of
government with the central government constitution being the supreme
law of the land (Vejai, 2006).
14. Count…
• The formation of the Royal Commission in 1965 to investigate
into the working of local government in peninsular Malaysia
under the authority of the senator Dato’ Atthi Nahappan has
managed to complete the report in 1968. The adoption of the
recommendation of the Royal commission by the federal
government lead to the passing of local government act of
1976 to facilitate and initiate the process therein (Norris, 1980
and Husain, 1991). The report was released in December 1971;
parts of its recommendation are the suspension of local
government election and suggest the appointment of the
various council to head its administration.
15. Count..
However, local governments in Malaysia is infra-sovereign as it
is the creation of government without sovereignty but has
certain powers; the federal and state government has the power
in its financial and administrative issues. As an infra sovereign,
local government can be dissolved without impeachment by
other parties, this limited powers by the local authorities makes
them to sue and be sued and also has the right to involve in
agreement or contract. Therefore local government in the
Malaysian constitution is set up to ease and have effectiveness in
administration of the state (Phang, 1996 and Haron and Basri,
2002).
16. Count…
• The constitution of the Malaysian government states that any
Malaysian living in the country that is at least 21 years old can
take part in an election to become an MP and there is no tag to
a political party, candidates can stand as independent
candidates belonging to no political parties (Rashid, 1994 and
Rosmadi et al, 2012).With reference to Dewan Negara which
consists of 70 senators of which 44 were appointed by the
YDPA and 26 others by the 13 state legislative assemblies with
each appointing two members.
17. Federalism in Nigeria
Despite the contribution of many scholars on good federal
system, some countries are being challenged and faced with the
problems in adopting the federal system of government.
Federalism can be seen as the best system to adopt in countries
that have larger population size, ethnicity or heterogeneous in
nature. These can be some of the factors that determine the
stability or instability, success or failure of the federal system. In
these paper, an evaluation of some factors that led to the
adoption and success of a good and viable federalism in
Malaysia will be discussed and its counterpart country Nigerian
federalism for poor operating and conclude with suggesting how
to improve federalism in Nigeria.
18. Issues Affecting Federalism in Nigeria
• Involvement of Military in the administration of the country
thereby introducing a Unitary system of government.
• Ineffective implementation of the federal character principles.
• Crisis in revenue allocation formula within and among the oil
and non-oil producing states.
• Leadership crisis.
• Ethno religious conflicts.
• Politics of favor to the elites rather than to the masses. E.t.c
Among others..
19. Conclusion
A strong federal system is seen from the constitution of a
country, with it as the supreme law and each level of
government ensures its responsibility to its boundary. Malaysian
system maintains continuity in improving the system as well as
maintaining its traditional system.
Nigeria needs to reengineer its system by adopting the working
system of countries which excel in managing its diversity and
maintain a level of stability therefore moving towards the
developing worlds.
20. References
• Chin, J., & Huat, W. C. (2009). Malaysia's Electoral Upheaval. Journal of
Democracy.
• Huque, A. S., & Watton, N. (2010). Federalism and the Implementation of
Environmental Policy: Changing Trends in Canada and the United States.
Public Organization .
• Hutchinson, F. E. (2014). Malaysias Federal System: Overt and Covert
Centralisation.
• Mohammad, A. Y. (2006). Malaysian federalism: Conflict or consensus.
Bangi: Penerbit Universiti Kebangsaan Malaysia.
• Niemi, R. G., & Dyck, J. J. (2013). Guide to State Politics and Policy.
• Noor, H. (2009, May 14). Stronger federalism demands greater division |
Malaysia Today.
• Omar, R. A. (2012). A historical perspective of federalism in malaysia and
its effects on the current system of federalism.
