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OCT 2020 – FEB 2021 PAD240: GOVERNMENT & POLITICS

Nor Farizah Johari/ AM110/ FSPPP UiTM KELANTAN 1|Page


OCT 2020 – FEB 2021 PAD240: GOVERNMENT & POLITICS

FACULTY OF ADMINISTRATIVE SCIENCE AND POLICY STUDIES


DIPLOMA IN PUBLIC ADMINISTRATION
SEMESTER OCT 2020 – FEB 2021

COURSE CODE : PAD240


COURSE NAME : GOVERNMENT AND POLITICS
CREDIT HOURS :3
RESOURCE PERSON : DR NOR ZAINI BT HJ ZAINAL ABIDIN
FSPPP, UiTM KEDAH

COURSE DESCRIPTION:
This is an extension of the “Introduction to Political Science” course. It deals with the structures and institutions of
democratic governments. The roles and responsibilities of the different institution; defined by “separation of
powers theory, are explained ‟ and discussed. The election system that carves the impetus democracy, which
includes party system, election, the electoral and representation, is also explained. Emphasis is on the
governmental structures and institutions in the Malaysian context, so that the student will have a deeper
understanding of government and politics in Malaysia. It also includes comparative studies of other countries’
governmental structures and foreign policy.

COURSE OUTCOMES (CO):


Upon completing this course, students should be able to: -
CLO 1: Describe the forms, dimensions, functions and machineries of government in Malaysia (C2)
CLO 2: Demonstrate the ethical values and integrity in explaining governmental system and democratic process
(A3)
CLO 3: Demonstrate communication skill in written and verbal through group work on governmental system in
Malaysia, US and UK (A3)

PROGRAM OUTCOMES (PO):


PLO 1: Apply knowledge of introductory politics, public administration, business, law and financial fundamentals
(MQF1)
PLO 4: Practice volunteerism, empathy and ethical practices (MQF4)
PLO 5: Integrate effective communication, leadership and teamwork (MQF5)

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OCT 2020 – FEB 2021 PAD240: GOVERNMENT & POLITICS

REFERENCES/ ASSIGNMENTS/
WEEK TOPICS HOURS
LEARNING READINGS ACTIVITIES
OUTCOME
1 INTRODUCTION TO THE  Moten (2011) Selecting Group
11/10 COURSE –.  Moten and El Assignment Questions
 Coursework details Fatih A. Abdul 1. Guidelines
 Examinations Salam (2005). 2. Formation of
requirements Group and
Selection of
question
3. Evaluation and
Scoring Guide
Tests & Other
Assessments
1. Guidelines
TOPIC 1  Student should be  Moten (2011) 1. Discussion on tutorial
2
able to define  Moten and El questions.
INTRODUCTION TO government and Fatih A. Abdul 2. Approval on project
GOVERNMENT- discuss the Salam (2005). paper questions and
TYPES OF GOVERNMENT characteristics of individual term paper.
-Explanation on definition of each form of
government government.
From several perspectives
-Types of government
▪ Monarchy
▪ Republic
▪ Presidential and
Parliamentary system.
▪ Federal and unitary system
2 TOPIC 1  Student should be  Moten (2007) 1. Discussion on tutorial
18/10 able to define  Moten and El questions. 2
INTRODUCTION TO government and Fatih A. Abdul
GOVERNMENT- discuss the Salam (2005).
TYPES OF GOVERNMENT- characteristics of
Explanation on definition of each form of
government government.
From several perspectives
-Types of government
▪ Monarchy
▪ Republic
▪ Presidential and
Parliamentary system.
▪ Federal and unitary system
3 TOPIC 1  Student should be  Moten (2007) 1. Discussion on tutorial
25/10 able to define  Moten and El questions. 2
INTRODUCTION TO government and Fatih A. Abdul
GOVERNMENT- discuss the Salam (2005).
TYPES OF GOVERNMENT- characteristics of
Explanation on definition of each form of
government government.
From several perspectives
-Types of government
▪ Monarchy
▪ Republic
▪ Presidential and
Parliamentary system.
▪ Federal and unitary system

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OCT 2020 – FEB 2021 PAD240: GOVERNMENT & POLITICS

4 TOPIC 2  Student should be  Moten (2007) 1. Discussion on tutorial


01/11 able to define  Moten and El questions
THE EXECUTIVE executive, identify Fatih A. Abdul 2
Definitions classification of Salam (2005).
-Differences between the executive, methods
Political executive and the non- to choose chief
political executive executive.
-Classification of Executive
Different methods of selection:
differences between the real
executive and nominal
executive, differences between
the single executive and plural
executive
-Comparison between
Executive in parliamentary and
presidential system
-Definition and functions of the
civil service
-Principle of politics –
administration dichotomy
-Executive from Islamic
perspective

5 TOPIC 3  Student should be  Moten (2007) Flexible Online Delivery


08/11 able to define  Moten and El
THE LEGISLATURE legislature, identify Fatih A. Abdul 1. Please Refer the 2
-Definition and functions two forms of Salam (2005). Discussion on tutorial
-Appointment and removal of legislature, and questions at the end
members of the legislature discuss on two of the online lecture
-Types of legislature forms of direct 2. Please submit your
a) Unicameral legislature. answer via
b)Bicameral online/flexible
-Differences between the upper platform
house and lower house in the
US, Britain and Malaysia Assignment &
-The legislative process and Presentation
constitutional amendments 1. For presentation,
-Delegated legislation and students need to
subsidiary legislation prepare a video and
-Direct legislation submit via online
a)Referendum through i-learn
b)Initiative 2. Submission on video
-Legislatures from the Islamic presentation is on
perspective Week 10 until Week
12
3. Assignment/Report
submission is on
Week 11 until Week
12
6 TOPIC 4  Student should be  Moten (2007) Flexible Online Delivery
15/11 able to among all,  Moten and El
THE JUDICIARY define judiciary and Fatih A. Abdul 3. Please Refer the 2
-Definition and functions discuss the concept Salam (2005). Discussion on tutorial
- Independence of the judiciary of independence of questions at the end
– meaning and significance judiciary of the online lecture
-Independence of the judiciary 4. Please submit your
– evaluation in the context of answer via
the US and Malaysia online/flexible
-The courts structure in platform

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OCT 2020 – FEB 2021 PAD240: GOVERNMENT & POLITICS

Malaysia
-Rule of law / Rule by law
-Judiciary from Islamic
perspective

QUIZ WILL BE HELD DURING CLASS HOUR COVERS CHAPTER 1 ONLY (5%)
7 TOPIC 5  Student should be  Moten (2007)
22/11 able to define  Moten and El
POLITICAL PARTY political party, Fatih A. Abdul
-Definition and functions explain on functions Salam (2005). 2
-Origins of political parties of political party and
-Classification of party systems discuss the
a)Single-party system classification of
b)Two-party system party system.
c)Plural-party system
d)Coalition/Alliance system
-Dominant party system

27 Nov – 5 DISEMBER 2020


MID SEMESTER BREAK
8 TOPIC 6  Student should be  Moten (2007)
06/12 able to define  Moten and El 2
INTERES AND PRESSURE pressure group, Fatih A. Abdul
GROUPS (NGO) explain on types of Salam (2005).
-Definition and functions pressure group and
-Differences between political methods used by
parties and pressure groups pressure group to
-Types of pressure groups influence policy
-Methods used by pressure makers.
groups to gain influence

9
13/12 MID TERM TEST – WILL BE HELD DURING LECTURE HOUR
(COVERS CHAPTER 2, 3 & 8 (10%))

10 TOPIC 7  Student should be  Moten (2007)


20/12 able to define  Moten and El 2
THE ELECTION SYSTEM election, theories of Fatih A. Abdul
Definition of Election Franchise, factors Salam (2005).
-Theories of Franchise that influence voters
▪ Limited Franchise behaviors, and
▪ Universal Franchise types of electoral
o-Factors which influence voter areas.
behavior
-Defining electoral areas
▪ Single – member
constituency
▪ Multiple – member
constituency
- Process of election in
Malaysia
- Election Commission of
Malaysia (SPR)

11 TOPIC 7  Student should be  Moten (2007)


27/12 able to define  Moten and El 2
THE ELECTION SYSTEM election, theories of Fatih A. Abdul

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OCT 2020 – FEB 2021 PAD240: GOVERNMENT & POLITICS

Definition of Election Franchise, factors Salam (2005).


-Theories of Franchise that influence voters
▪ Limited Franchise behaviors, and
▪ Universal Franchise types of electoral
o-Factors which influence voter areas.
behavior
-Defining electoral areas
▪ Single – member
constituency
▪ Multiple – member
constituency
- Process of election in
Malaysia
- Election Commission of
Malaysia (SPR)

12 TOPIC 8  Moten (2007)


03/01  Moten and El 2
Foreign Policy Fatih A. Abdul
o Introduction Salam (2005).
o Definition of foreign policy
o How to study foreign policy:
Approach.
- The systemic level
- The nation-state level
- Level of individual decision
maker
o Instrument of foreign policy
o Malaysian Foreign policy

13  Presentation on group assignment


10/01  Revision
 SUFO
 Exit Survey Process
14  Presentation on group assignment
17/01  Revision
 SUFO
 Exit Survey Process

STUDY WEEK (24 – 31/01/2021

FINAL ASSESSMENT (01-23/02/2021)

COURSE ASSESSMENT:
Continuous Assessment 100%
1. Test (10%)
2. Quiz (5%)
3. Assignment / Report & Presentation (25%)
4. Reflective Writing/Chapter Summary (60%)

TEACHING METHODOLOGY:
 Online lecture and blended learning
 Virtual/Online Presentation

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OCT 2020 – FEB 2021 PAD240: GOVERNMENT & POLITICS

RECOMMENDED TEXT:
Abdul Rashid Moten & Syed Sirajul Islam (2015), Introduction to Political Science, 4 edition, Malaysia: Cengage
th

Learning. ISBN-13: 978-9670357423

Abdul Rashid Moten (2013), Government and Politics in Malaysia, 2nd edition Malaysia: Cengage Learning.
ISBN- 9789670357225

Barbara A.Bardes, Mack C.Shelley and Steffan W. Schmidt, (2016) American Government and Politics Today:
Essentials 2015-2016 Edition, USA: Cengage Learning. ISBN-
10:1-285-85315-4.

REFERENCES:
Abdul Razak Baginda (2009), Governing Malaysia, Malaysian Strategic Research Centre: Kuala Lumpur. ISBN-
13: 978-9839783247

Abdul Rashid Moten (2007). Government and Politics in Malaysia, Cengage Learning Asia. ISBN – 13: 978-
9814239271

Abdul Rashid Moten and El Fatih A. Abdul Salam (2005). Glossary of Political Science Terms: Islamic and
Western, Thomson, Singapore. ISBN – 9789812545299

Danziger, J.N. (2003). Understanding the Political World: A Comparative Introduction to Political Science,Sixth
Edition, Longman Inc: New York. ISBN: 0321101928
HP Lee, (2017) Constitutional Conflicts in Contemporary Malaysia,2nd Edition, Oxford University Press.
ISBN- 0191074055, 9780191074059

K. Ramanathan (2013), Fourth Edition , Asas Sains Politik Fajar Bakti, Shah Alam. ISBN- 13: 9789834708733

Roskin, Cord, Medeiros & Jones,(2017).Political Science: An Introduction, 14 th edition, New Jersey: Prentice Hall.
ISBN-9780134404929

Kapoor, A.C (2014) Principles of Political Science, S.Chand & Company Ltd: New Delhi. ISBN 10: 8121902762 /
ISBN 13: 9788121902762

E-BOOK
Magstadt, T.M. (2017). Understanding Politics: Ideas Institutions and Issues, Cengage Learning, ISBN – 10:
130599766, 13: 9781305997660

COPYRIGHT & INTELLECTUAL PROPERTY


Students are NOT allowed to use copied books which represent a violation of the copyright laws of Malaysia. Students are
required to have a legal copy of the required text for this course.

Prepared By: Approved By:

_______________________ ______________________
Nor Zaini Bt Hj Zainal Abidin, PhD Dean
Resource Person PAD240 Faculty of Admin. Science & Policy
Studies

Nor Farizah Johari/ AM110/ FSPPP UiTM KELANTAN 7|Page


OCT 2020 – FEB 2021 PAD240: GOVERNMENT & POLITICS

ASSESSMENT

Type of CO/ Weightage Chapter Description of Total Number Marks No of Week of


Assessment PLO (%) Assessment of Questions/ (M) Implementati
Pages on

Quiz C02/ 5 1 Part A – MCQ Part A – 10 Qs 25 Week 2 –


P02 Part B – T/F Part B – 10 Qs Week 6

Test C02/ 10 2, 3 & 8 Part A – 25 Week 9


P01 Part A – LE Compulsory
Part B - SE Part B – 2 Qs

Group C03/ 25 1,2,3,4,5 Group project/ 10 - 12 pages 50 Week 6 –


Project & P02 ,6,7 activity (suggested) Week 13
Presentation Presentation of
the output of
written
assignment

Reflective C03/ 60 1,2,3,4,5 Discuss the main 4 – 6 pages 100 Week 13/14
Writing P02 ,6,7 ideas within the
chapter

**SE-Short Essay, LE-Long Essay, MCQ-Multiple Choice Question, TF-True False, PA-Part A, PB-Part B, CS-
Case Study

Prepared by:- DR NOR ZAINI BT HJ ZAINAL ABIDIN (Resource Person)

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OCT 2020 – FEB 2021 PAD240: GOVERNMENT & POLITICS

Group Assignment (Written)

Item 1: Choose your assignment topics and group members

NO ASSIGNMENT TOPICS GROUP MEMBERS

Describe the functions of Yang Di Pertuan Agong as


1
Malaysian‟s Head of State.

Describe the ministries and the portfolios of Malaysian


2 Cabinet 2020 under Tan Sri Muhyiddin Yassin.

Dewan Rakyat is one house in Malaysian Parliament.


3 Discuss its membership, appointment and termination, and
issues.

Malaysian Federal Constitution has guaranteed the


independence of judiciary in its judiciary administration.
4 Discuss the independence of judiciary in Malaysia as stated
in the Malaysian Federal Constitution.

Assess strengths and weaknesses any five dominant parties


5 in Malaysia (PBBM, UMNO, PAS, PKR and DAP).

Describe Sisters in Islam as one of the interest groups in


6 Malaysia.

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OCT 2020 – FEB 2021 PAD240: GOVERNMENT & POLITICS

Item 2: What must be included in your assignment report?

1.0 Introduction
2.0 Content
3.0 Conclusion

Item 3: Tips for Video Presentation (15 %)

1. Video with captions, subtitles and notes


2. Not too wordy
3. Pictures and diagrams to attract audience
4. Wear formally and properly
5. Speak English
6. Don‟t put something that you yourself don‟t understand
7. Practice makes perfect, practice before you present
8. Master your “topic”
9. 30 minutes per group
10. Date: Week ______
Item 4: Report (10%)

1. Submit a week after presentation


2. Format! Format!
3. Cover, numbering, pages, citation, justified, Arial 11/ Times New Roman 12
4. Binding properly
5. Cover page: Green
6. Introduction 1 page, Content 8 pages, conclusion 1 page, Reference 1 page
7. 12 pages including cover and reference

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OCT 2020 – FEB 2021 PAD240: GOVERNMENT & POLITICS

FACULTY OF ADMINISTRATIVE SCIENCE AND POLICY STUDIES


UNIVERSITI TEKNOLOGI MARA

DIPLOMA IN PUBLIC ADMINISTRATION (AM110)


GOVERNMENT AND POLITICS (PAD240/170)

ONLINE PRESENTATION & ASSIGNMENT RUBRICS


Students’ Names Students ID No. Group
1. 1.
2. 2.
3. 3.
4. 4.
5. 5.
Scale & Very Weak Fair Good Very Scale & Very Weak Fair Good Very
Criteria Weak Good Criteria Weak Good

Introduction 1 2 3 4 5 Format 1 2 3 4 5
Key 1 2 3 4 5 Clearly 1 2 3 4 5
ONLINE PRESENTATION

concepts Written
Academic
ASSIGNMENT

Course
Transitions 1 2 3 4 5 Coherently 1 2 3 4 5
Written
Academic
Course
Conclusion/ 1 2 3 4 5 Systematically 1 2 3 4 5
Information Written
Academic
Course
General 1 2 3 4 5 Originality 1 2 3 4 5
TOTAL MARKS /25 TOTAL MARKS /25

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OCT 2020 – FEB 2021 PAD240: GOVERNMENT & POLITICS

ONLINE PRESENTATION RUBRIC DESCRIPTION

Scale 1 2 3 4 5
Criteria Very Weak Weak Fair Good Very Good
Introduction Central topic was Central topic Central topic Central topic Central topic
unclear, vague and was somewhat was seemed clear was made clear
gathered little vague with
somewhat and was and received
attention limited clear and generally attention from
attention generating attention getting the appraiser
appeal satisfactory
attention
Key concepts Main points were not Several main Some main Several main All main points
identified points were points were points were were identified
missed, little identified with identified, most and supported
supporting sufficient were supported with facts,
data provided support with facts, examples, etc
examples, etc
Transitions Transitions were not Transitions Transitions Transitions were Transitions
used, leaving were used were used most often were used
movement between sporadically generally and generally consistently
points unclear and may or used and indicate change and clearly
may not signal usually to a new point signal
change to a indicate movement to a
new point change to a new point
new point
Conclusion/ Information was not Information Information Information was Information led
Information related to the was not well was fine, summary to clear
content of defined and somewhat was good but summarization
presentation summary was abrupt and less thorough of the central
not well summary was theme
organized or less related
related to the to the central
central theme theme
General Information was not Relevant Presentation Presentation was Presentation
informative or information provided an informative, was very
relevant and no was minimal, adequate organized, and informative, well
apparent many information, provide ample organized,
organization concepts were some key information interesting and
unrelated and concepts left relevant
poorly out but
organized organization
was
acceptable

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OCT 2020 – FEB 2021 PAD240: GOVERNMENT & POLITICS

DESCRIPTION ON RUBRICS FOR WRITING SKILLS

Scale 1 2 3 4 5
Criteria Very Weak Weak Fair Good Very Good
Format Not able to follow the Follow the Able to follow Able to follow the Excellent ability
specified format specified the specified specified format to follow the
format and format and specified
require further require minor format.
improvements improvements
Clearly written Not able to write Able to write Able to write Able to write
Able to write
academic ideas clearly ideas with ideas clearly ideas with
ideas fairly
discourse limited clarity excellent clarity
clearly but
and require
require minor
further
improvement
improvements
Figures/plots
not being
described
Coherently Not able to write Able to write Able to write Able to write
Able to write
written ideas coherently ideas with ideas coherently ideas with
ideas fairly
academic limited excellent
coherently
discourse coherence coherence.
but require
and require
minor
further
improvement
improvements

Systematically Not able to write Able to write Able to write Able to write Excellent ability
written ideas systematically ideas with ideas fairly ideas to write ideas
academic limited system systematically systematically systematically
discourse and require but require
further minor
improvements improvement
Originality Element of plagiarism Limited Partially Proper Excellent
element of referencing referencing and Proper
plagiarism citations referencing and
citations

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OCT 2020 – FEB 2021 PAD240: GOVERNMENT & POLITICS

Chapter 1: Government

Chapter Outline

Please (X) when you have finished the lessons below:


Definition of Government
Form and system of government
 Monarchy
 Republic
 Presidential and Parliamentary system.
 Federal and unitary system

Introduction
 Government & politics is one of the components in Political Science.
 Government and politics is a subject that analyses in detail the forms of government, political
parties, pressure groups, judiciary body, legislative body, executive body, voters and
elections.

Definitions of Government
 A.C. Kapur (2006: 83), defined government as having a purpose for which people live
together cannot be realized unless they are properly organized and accept certain rules of
conduct. It also can be called as an agency that created to enforce such rules of conduct and
to ensure obedience among the society.
 C A Leeds: Define government as a body exclusively exercise legitimate use of force in
making regulations, enforcing them within a given territorial area.
 Austin Ranney: A body of people that make and enforce law in society.
 Latin and Greek: Govt. means „to shows or to direct or to guide‟. The responsibility of
government - to administer the society in the country.
 Hobbes :“ The life of the society will be in complete disorder without a definite body to
administer them,”
 Aristotle: “Government will ensure that life of the society is systematic and harmony”.

Form and System of Government


1. Monarchy
2. Republic
3. Presidential and Parliamentary system.
4. Federal and unitary system

Monarchy

 Originated from Greek word ‘monarkhia’ – means „ Single‟ / „One‟ / the rule of one
FINAL EXAM
JUN 2019
Absolute Monarchy

 Refer to the form of government where its political power is held by one supreme ruler.

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OCT 2020 – FEB 2021 PAD240: GOVERNMENT & POLITICS

Strengths / Advantages/ Merits

i. Decision on the nation‟s administrations & welfare can be made & implemented
immediately.
ii. Policies that can be implemented within a given period of time, usually in a long-period of
time.
iii. Ruler has a lot of power & stable position.

Weaknesses FINAL EXAM


JUNE 2020
i. People do not have much freedom of speech.
ii. It contradicts with the principle of sovereignty & democracy.
iii. There is no control the monarch‟s power. This can encourage coercion & cruelty.
e.g.: Saudi Arabia

KING CROWN PRINCE


King Abdullah bin Abdul-Aziz Al Sultan bin Abdul-Aziz Al
Saud Saud

Description of Saudi Arabia Government

Constitution: Follow Basic Law of Saudi Arabia and Quran


Government: King functions as Executive, Legislative and Judiciary
Administration: Not only by King, but also others (consensus of royal family, Ulama‟, Tribal Sheikh
and religious leaders

Limited Monarchy/ Constitutional Monarchy

 Refer to the power to rule held by a ruler as the symbol of supremacy & sovereignty
 Power by monarchy is limited by the constitution
 Monarch is head of state
 Task & duties are being outlined in constitution
 Monarch position as the head of the state – symbolic position
 Administration of the state is carried out by the Prime Minister
 Prime Minister is been elected during general election & he is leader of the ruling party.
 Power possess by the monarch as the head of religion is maintained or persevered. Monarch
– act according to the advice from the Prime Minister

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OCT 2020 – FEB 2021 PAD240: GOVERNMENT & POLITICS

Strengths

i. Chief of executive / Prime Minister has the credibility as a leader as he being elected
by the people. Human rights is persevered as the people have the opportunity to
choose their own leader.
ii. Justice is preserved & respected as this system can avoid misuse of power & cruelty.
iii. E.g. Malaysia, Thailand, England

Example: Malaysia

FINAL EXAM
JAN 2019

Kebawah Duli Yang Maha


Tan Sri Muhyiddin Yassin
Mulia Seri Paduka Baginda
Head of Government
Yang di-Pertuan Agong
Sultan Abdullah Ri'ayatuddin
Al Mustafa Billah Shah Ibni
Sultan Ahmad Shah Al
Musta'in Billah.
Head of State FINAL EXAM
DEC 2019
Republic System of Government
 The head of the state is an elected president rather than a monarch
 The sovereign power is widely vested in the people either directly or through elected
representatives
 The people as a body or even a part of people, possess the sovereign power
 The republic system and the democratic system are used interchangeably, the former places
emphasis upon the use of representatives rather than direct action by the people
 E.g: Singapore (Parliamentary Republic)
Example: Singapore (Parliamentary Republic)

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OCT 2020 – FEB 2021 PAD240: GOVERNMENT & POLITICS

Parliament of Singapore
• President of Singapore
• Singapore‟s Head of States
• Elected by people
• Served term of six years
If the executive & legislative body members are among the same people, this system call
„Parliamentary Government‟.

Parliamentary System
 Parliamentary Government clearly separate between the power, role & responsibilities of the
head of the state & the head of the government
 The Head of the State possess de jure (concerning law) power which is the legitimate or valid
power according the law
 According to the law the Head of State possess all power & special rights as written in the
constitution & laws.
 However, in reality, he is not permitted to perform those powers. FINAL EXAM
 He is the holder of the power. JUN 2019
 The Prime Minister has four responsibilities or functions;
1. Prime Minister led the majority party in the parliament. The Majority party means the
party that won the general election & further forms the government to rule.
2. The Prime Minister is the Chief of Legislative Body
3. He is the middle person between the Head Of State, The Cabinet, The Legislative
Body & The Country itself
4. He is the Chief of the legislative divisions for the political party. He is responsible to
maintain peace & harmony environment among the political parties.

Characteristic of Parliamentary system:


1. Head of State VS Head of Government
o (The head of State-does not give order, does not administer & is not responsible to make
decisions for the administration & management process of the state while Head of
Government does all of that.
2. It is important to have a clear existence of party that possess the majority seats.
o This party is responsible to allocate a stable administration mechanism under the direction of
the political leader.
3. The administration
o Ministries & cabinet members can be dismissed from its membership by the parliament
member through „distrust vote towards government’
4. Fusion of power

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OCT 2020 – FEB 2021 PAD240: GOVERNMENT & POLITICS

o Where members of legislature also the portfolio holder in executive branch E.g. Britain,
Japan, Malaysia and India.

Presidential System
• The Presidential System holds by the principle of separate of power between legislative,
judicial and executive body.
• If the executive & legislative is each an independent body & able to control each other power,
this system is „Presidential System‟.

Example of Presidential System: United States of America

• Practice Separation of Powers


• Election for every 4 or 5 years FINAL EXAM
JAN 2019

Characteristics of Presidential system:


1. The executive is a president elected by the people for a fixed term (four or five years)
2. Head of Government is also head of the state and both offices is held by the president.
3. The president appoints heads of departments who are responsible to the president. The
president cannot dissolve or coerce the assembly.
4. The assembly is ultimately supreme over the other branches of government.
5. President is the real executive and assisted by secretaries which power is according to what
has being written in the constitution
6. System is based on principles of Separation of Powers E.g. United States, Philippine, Peru

Differences between Parliamentary and Presidential System


Aspect of Differences Parliamentary Presidential

Unitary and Federal Forms/ Systems of Government


• There are two methods to classify government power – Territory Aspect & Function Aspect
Territory Aspect
• Divide the area of a nation into several smaller areas
• The areas will be divided into several divisions that have certain functions of their own.
• The divisions are allocated with an administration mechanism that will perform its givens
function
• The division of power from the aspect of Territory & function will form central government &
state government

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OCT 2020 – FEB 2021 PAD240: GOVERNMENT & POLITICS

Unitary Government
• It is a form of government that centralizes its power to the central government.
• Provinces & branches only implement its power according to what being delineated by the
central government.
• Administration power can be channeled from central government and can be withdrawn if
there is a need.
• E.g. of country practices Unitary System of Government is United Kingdom, Japan, Singapore
Features of unitary:
1. Formal power and authority is located at national centre, and sub-national government and
other local units do not exercise any political powers independently of the central authority.
2. The local or regional units of government. exercise powers or authority that are delegated to
them by the centre.
3. The central government may at any time redraw or abolish the boundaries of local or regional
units.
4. The actions and policies of the central government control and override the policies and
actions of sub-national levels of government
Source: Moten and Islam (2009)

Strengths of the Unitary Government


1. Suitable being implemented in a nation with a small territory & population like Brunei &
Singapore. The geographic location will enable two-way communication so that every
decision concerning on country administration & management can be implement easily.
2. Suitable for countries that are culturally homogeneous
3. The possibility of the uniform application of laws and policies to all parts of the state which
enable the nation as a whole to adapt to new conditions and problem.
4. Simple organization and there is little or no duplication of personnel and services. This form of
government is likely to be less wasteful than others.

Weaknesses of Unitary Government


1. The centralization of the extra power will make the decision-making process only done by the
central government.
2. This can provoke cruelty & oppression upon citizens which live outside the central area or
those in rural area.
3. Tends to leave the responsibilities for deciding local affairs in the hands of central government
policy-makers and administrations.
4. Overcrowd the agenda of the national government with numerous local issues which central
government members may not consider sufficiently urgent – feel neglected.
5. Lead to loss of local initiative and participation by citizens in politics. Lack of interest to
participate in nation‟s politics.

Example of Country that Practice Unitary form of Government: Japan

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National Diet Building (Parliament)

 Japan is a unitary government


 Japan is divided into forty-seven administrative divisions
• Prefectures @ Metropolitan district e.g: Tokyo
• Urban prefectures e.g: Kyoto and Osaka
• Rural prefectures FINAL TEST
• District JUNE 2020

Federal Government

• Different from Unitary government in term of power. Power for central government and state
government is divided & recorded & written in constitution.
• Creates a new single sovereignty, a permanent union and implies an alliance of various units
and people of state;
• Its legislative assemblies make the statutes and laws, centrally and regionally.
• Federal system; there is no conflict of authority between different levels of governments
• Amendments require agreement by both the federal or national government and a majority of
the state or provincial governments
• Federal system suited to states embracing wide geographic areas, and to state with sectional
diversities that result from unequal socioeconomic conditions and culture cleavage.
• E.g. United States, India, Malaysia

Features/ Characteristics of Federalism/Federal Government:

1. Has 2 sets of governments e.g.: National and Provincial (State / regional / Unit ) –
independent
2. The divisions of power between Central and Regional, clearly spell out in the constitution
3. Constitution is the Supreme Law – Any legislation not in conformity either the provisions of
the constitutions is deemed invalid.
4. The court has the power of judicial review & interprets the constitutions. With this, the courts
will decide disputes of jurisdiction arising between the central gov. and regional gov.
5. Each level of government has its own range of activities under its exclusive jurisdictions
a) Central Government : national interest, import, defense, foreign affairs
b) Lower Government : regional interest; water, religion, dowry
c) Concurrent List in Federal Constitution : carried by both

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Strengths of Federal system


1. Capable of uniting different units which otherwise might have opted to stand on their own,
2. Is usually capable of including many cultural and political units and thus is very suitable for
large countries or those that are expanding territorially,
3. Often provides a magnificent laboratory for testing out policies on a small scale before
applying them nationally,
4. Divisions functions – the national government relatively free to concentrate on national and
international issues, while states/regions/ cantons handle more local concern.
5. Produces a healthy local interest in politics.

Weaknesses of Federal System

1. Necessary to have a duplication of services and officeholders at the regional and federal
levels.
2. because local state jurisdictions covers a wide range of activities, there is often an absence of
uniform policy on many issues of common or national interest such as laws regulating
marriage, divorce, abortion, gambling, liquor, child labour, voting rights, and public
educations,
3. difficult to change the constitutions – conditions requiring local state agreements before an
amendment

Conclusion

 In this chapter, the students must understand what government is and how they function in a
state and its administration.
 The student also must be able to differentiate the differences between forms of government
learned in this chapter.

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Choose A or B
1. Government is
A. Body exclusively exercise legitimate use of force in making regulations
B. Body of people that make and enforce law outside country

2. Why government must exist in a state?


A. To systematically arrange the life of the society
B. To arrange the money and fund for ministries

3. Monarchy is
A. Rule by one
B. Rule by many

4. Why Malaysia practice limited monarchy?


A. We inherit this system from Malay Malacca
Sultanate
B. We had been colonized by British

5. There are 2 types of monarchy which are


A. Limited monarchy and constitutional monarchy
B. Absolute monarchy and constitutional monarchy

6. Limitless monarchy is
A. The monarch who has limited power within his territory
B. The monarch has unlimited power within his territory

7. One of the advantages of monarchy that has unlimited power is


A. Ruler has a lot of power and stable position
B. People do not have freedom of speech

8. Saudi Arabia practices


A. Constitutional monarchy
B. Absolute monarchy

9. Constitutional monarchy can be defined as


A. Power of monarchy is limited by the constitution
B. Power of monarch is limited by the government

10. One of the countries that practice constitutional monarchy is


A. Indonesia
B. Britain

11. Is there any election in constitutional monarchy country?


A. Yes
B. No

12. What is the weakness of constitutional monarchy?


A. Ruler has no power, only nominal power
B. Prime minister has no power

13. Republic is a government that the ruler is

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A. Elected monarch rather than elected president


B. Elected president rather than elected monarch

14. Choose republic country.


A. Singapore
B. Malaysia

15. Parliamentary system is


A. Separation between head of state and head of government
B. Head of state and head of government is held by same person

16. How Malaysia divide the administration between Head of State and Head of Government?
A. Head of state as symbol of unity while head of government exercise real power
B. Head of government as symbol of unity while head of state exercise real power

17. Below are responsibilities of Prime Minister, EXCEPT:


A. As middle person between of head of state, the cabinet, legislative body and country itself
B. As symbol of unity

18. Choose correct characteristic of Parliamentary system


A. Practice separation of power
B. Practice fusion of power

19. Presidential system practices


A. Separation of power
B. Fusion of power

20. How president is chosen in presidential system?


A. Nomination
B. Election

21. In presidential system


A. Head of government is also head of the state
B. Head of government is president and head of state is monarch

22. There are two methods to classify government power, which are:
A. Territory aspect & level aspect
B. Territory aspect & function aspect

23. Unitary government


A. Centralize its power to the central government
B. Centralize its power to the regional government

24. Country that practice unitary system is


A. Malaysia
B. Singapore

25. In unitary system, the government may at any time _______ the boundaries of local units.
A. Abolish
B. Delegate

26. Unitary system is suitable for


A. Wide and multicultural country
B. Small and homogenous-cultural county

27. Unitary system will __________ the central government with local agenda
A. Overcrowd
B. Help

28. Federal system is where

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A. Government has 2 sets, central government and state government


B. All power resided at federal level

29. Federal system is suitable for


A. Wide and multicultural country
B. Small and homogenous-cultural county

30. Below are the countries that practice federal system, EXCEPT
A. United States of America, India and Malaysia
B. Japan, Brunei Darussalam and Singapore

31. Why Indonesia practice federal government?


A. The country is wide
B. The country has only one race- society

32. What happened if Malaysia practices presidential system?


A. We will have president
B. We will have prime minister

33. Among the activities of federal government in Malaysia is


A. Defence
B. Water

34. The division of power between central government and regional government is clearly spell out in
A. General Order
B. Constitution

35. Federal system is good because


A. It will neglect local needs
B. National government can focus on national and international issues

36. Federal system is weakened by the reason that it


A. Duplicates services and officeholders
B. Produces a healthy local interest in politics

37. Malaysia practices


A. Parliamentary democracy
B. Absolute monarchy

38. Federal government now is led by


A. Perikatan Nasional
B. Pakatan Harapan

39. State government in Kelantan now is led by


A. Parti Islam Se-Malaysia
B. Parti Pribumi Bersatu Malaysia

40. Our Duli Yang Mulia Yang Di-Pertuan Agong (DYMMYDPA) is currently from
A. Kelantan State
B. Pahang State

41. His official name is


A. Al-Sultan Abdullah
B. Sultan Muhammad V

42. Our Deputy Yang DiPertuan Agong is currently from


A. Perak State
B. Selangor State

43. His name is

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A. Sultan Nazrin Muizzudin Shah


B. Sultan Salahuddin Abdul Aziz Shah

44. Our current Prime Minister is


A. Tan Sri Muhyiddin Yassin
B. Tun Dr Mahathir Mohamad

45. Coalition party of Perikatan Nasional consists of those parties:


A. PAS, DAP, UMNO
B. UMNO, MIC, MCA, PBBM, PAS

46. Who is head of government in Malaysia?


A. YDPA
B. Prime Minister

47. Malaysia consists of ____ states and ___ federal territories.


A. 12, 4
B. 13, 3

48. Local authorities like Majlis Daerah Machang is under


A. Federal Government
B. State Government

49. How Malaysia choose its head of state


A. People‟s vote
B. Members of Majlis Raja-Raja Melayu‟s vote

50. Below are states that do not have Sultan


A. Sabah, Sarawak, Melaka
B. Selangor, Kelantan, Pahang

YOUR SCORE:

/ 50

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Critical Thinking Questions


1. Why government must exist in the state?

_____________________________________________________________________________

_____________________________________________________________________________

2. Why Malaysia practice limited monarchy? Not absolute monarchy?

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

3. How Malaysia divide the administration between Head of State and Head of Government?

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

4. Why US practice federal government?

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

5. What happen if Malaysia practices presidential government?

_____________________________________________________________________________

_____________________________________________________________________________

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Discuss TWO (2) merits of a constitutional monarchy. (10 marks)

Point 1 (5 marks): _________________________________________________________________

Your elaboration here:

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

Your example here:

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

Point 2 (5 marks): _________________________________________________________________

Your elaboration here:

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

Your example here:

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

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Elaborate FOUR characteristics of a Parliamentary system (25 marks).

Introduction (3 marks)

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

Point 1 (5 marks): _________________________________________________________________

Your elaboration here:

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

Your example here:

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

Point 2 (5 marks): _________________________________________________________________

Your elaboration here:

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

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Your example here:

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

Point 3 (5 marks): _________________________________________________________________

Your elaboration here:

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

Your example here:

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

Point 4 (5 marks): _________________________________________________________________

Your elaboration here:

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

Your example here:

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

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Conclusion (2 marks)

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

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Chapter 2: The Executive

Chapter Outline

Please (X) when you have finished the lessons below:


Definition of Executive
Function of Executive
Differences between the “Political executive” and the “non-Political executive” (civil service).
Classification of Executive
Different methods of selection; differences between the “real Executive” and “nominal
executive”, differences between the “single executive” and “plural executive”.
Comparison between Executive in Parliamentary and Presidential System.
Definition and functions of the civil service.
Principle of Politics – administration dichotomy
Executive – Islamic Perspective

Definition of Executive

1. The second branch of government responsible for executing and enforcing or put into effects,
the laws legislated by the legislative body.
2. The term is wide because it consists of people being in charge of the execution of policies of
the state, and being in charge of the determination of the general rules.
3. In the wider sense – it means all government officials except those acting in legislative and
judicial capacity.
4. In the narrow sense – the executive means only the head of government, the chief executive
head of state and members of the cabinet (council of ministers)
5. The civil servants such as the secretaries, police officers etc who execute the laws and orders
and carry on administration in details are the non-political or permanent executive.

Functions of Executive

1. The most fundamental functions of the executive are those which relate to the essential
activities of daily administration
2. The activities of the executive must focus to the welfare of the people.
3. There are basically SIX (6) functions of the Executive:

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Internal
administration

Other External
functions administration

Functions of
FINAL EXAM
Executive
JAN 2019

Judicial Military
functions functions

FINAL EXAM
DEC 2019
Legislative
functions

Internal Administration

1. It is become the focus of the executive department to ensure law and order in society.
2. It must maintain internal peace and security.
3. For this, the executive relies on a huge number of civil servants and public officials.
4. The executive formulates the policies and once those polices are approved by legislature, it is
the responsibility of the executive to implement those principles.
5. In simple terms, the executive executes.
6. Public policy is the result of whatever executives want to do.
7. For example, increasing or decreasing taxes, reducing or increasing defense budget, giving
foreign aids to developing countries, funding for research, and the like are all examples of
public policies.
8. All new policies and programs are initiated by the executives.
9. The different departments and agencies are entrusted with specific responsibilities and every
department executes the laws of the country which fall under its jurisdiction.
10. In Malaysia, the Ministers defend the public policies through their speeches on radio and
television, and in statements in press conferences and newspapers.

The Ministry of Education, is a ministry of the Government of Malaysia that is responsible for education system,
compulsory education, pre-tertiary education, technical and vocational education and training (TVET), curriculum
standard, textbook, standardised test, language policy, translation, selective school, comprehensive school.

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External administration

1. All states are independent, but every state is interrelated with other states.
2. The executive is responsible for ensuring mutual interaction among states for peace and
security.
3. The executive and responsibility lies in the Ministry of Foreign or External Affairs.
4. The conduct of foreign relations includes the following:
a) Sending and receiving diplomats
b) Recognizing a new state
c) Establishing or withdrawing diplomatic relations
d) Determining and implementing foreign policy
e) Negotiating treaties and agreements

The Ministry of Foreign Affairs bears the mandate and responsibility to conduct Malaysia's foreign relations with other countries.
This includes matters related to political relations, economic affairs, security matters, and social and cultural promotion.

Military Functions

1. One of the essential responsibilities of the executive is to secure territorial integrity of the
state and to protect the country from external aggression, and if necessary, to wage war.
2. The top executive is the Chief of Staff in every country of the world.
3. However, the actual power is exercised by a Department under its control, called the
Department of Defense and War which determines the strength and organization of the
armed forces of the country.
4. The Head of the Executive appoints the generals and commanders in the Army, Navy and Air
Force.
5. During the war, the power of the executive increases immensely because the executive may
take any action necessary to safeguard the security of the country.

The objective of Ministy of Defence is to protect and defend the national interest which is the cornerstone of the sovereignty,
territorial integrity and economic prosperity of the nation.

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Legislative Functions

1. The executive, sometimes, performs some legislative functions.


2. It summons, adjourns and prorogues the session of its legislature. It promulgates orders and
ordinances.
3. It is a sort of subsidiary power of legislation which takes the form of decrees.
4. In many countries, the executive has the power to veto a bill passed by the legislature.
5. The executive furnishes the necessary information to legislature regarding the needs of state
and send usages to it.
6. The executive initiatives every bill before being discussed in legislature for becoming a law.
7. Once a bill is passed by legislature, it must receive the assent of the head of executive in
order to become law.
8. The increase range of activities of state has forced parliaments during recent years to
delegate wide legislative power to the executive.
9. This is called Delegated Legislation.
10. This is quite inescapable in the modern state and it has significantly added to the powers of
the executive.

Judicial Functions

1. The executive often discharges some judicial functions.


2. Usually in most governments the executive is required to keep an eye on the administration of
courts and to guarantee its citizens fairness and impartiality in justice.
3. Therefore, the head of executive appoints the judges in most countries.
4. Besides appointing judges, the executive has two important judicial powers: granting pardons
and granting amnesty.
5. The most important judicial power of top executive is the power of granting pardon to a
convicted person. The King of Malaysia has this power.
6. This sometimes become necessary to avoid the death of a very important person or a person
who may be politically convicted.
7. This also prevents possible judicial malpractice.
8. Another important power of the executive in judicial matters is to grant amnesty to a group of
persons, usually political offenders.

KUALA LUMPUR: Jailed Parti Keadilan Rakyat (PKR) leader Anwar Ibrahim on Wednesday (May 16) left the Cheras
Rehabilitation Hospital a free man after receiving a royal pardon from the Malaysian king.

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Other Functions

1. The above functions are regarded as essential functions but there are additions to these.
2. Other functions of executive are:
i. Services and licensing functions
- The various department and agencies offer services and licensing functions to the
people.
- The Departments of Commerce, Education, Agriculture, Transport, and
Communications offer public utility services, and impose statutory restrictions on the
production and sale of various commodities.
ii. Top executive as symbol of unity in the country
- The King of Malaysia, Queen of England or Governor General of Canada is above
party politics.
- They foster both unity and continuity within a state.
- They are living symbols of the nation and acts for the country independently.
- The head of state opens the session of parliament and administer the oath of the
elected executives and attends public functions.
iii. The political executive head is at the center of the functional leadership in all political
system.
- Every nation‟s success depends on the high quality and competence of this leadership.
- The political executive must effectively lead the state and the people.

Classification and Types of Executive

1. Basically, there are few ways on how to classify the types of executive. The executive could
be grouped in FOUR (4) ways which are:
a) Political or non-political executive
b) Temporary or permanent executive
c) Real and nominal executive
d) Singular and plural executive

Political and Non-Political Executive

Characteristics/
Aspect of Differences Non-Political Executive
Political Executive

Definition • The political leader of a country • The civil servants who are
who represented his/her political appointed according to their
party. qualification and experiences.
• Political Executives are • They are neutral in politics.
temporary executives, unlike • They are permanent office holders
civil servants. and serve until age of retirement.
Method of • They have to be re-elected after
appointment the end of their tenure by way of
elections. • Appointed accordingly to merit,
• They have to win election professionalism, qualifications and
(general, state or by-elections) experiences
in order to be appointed.
• (no set of qualification to
become political executive)

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Method of termination
If he or she loss in election Retirement. In Malaysia, the civil
servant retired at 60.

Role To serve as the advisor to the


To formulate and supervising minister.
policies. To serve the government with
impartiality.
Example secretaries, secretary-general, officer
Prime Minister, Minister, Deputy etc
Minister, Chief Minister Eg: public hospital doctor,
government officer, KSU, PTD

Temporary and Permanent Executive

Characteristics/
Aspect of Differences Permanent Executive
Temporary Executive

Selection Temporary executives or political Permanent executives are "selected"


executives are "elected" and are on a permanent basis. They stay
not on permanent. They get out of permanently, even after the govt. has
power when their government is changed. Permanent executives
not in power. The final decision is study the whole situation and assist
always of the political executives. the political executives. These are the
These is the parliament members. civil servants.
Time period Political executives hold office Permanent executive hold office till
only till the time the party to which the age of their retirement which is 60
they belong rules. years of age (Malaysia).
Accountability The Political executive are directly The Permanent executives are not
accountable to the political party directly accountable to the people but
they belong to. to the political ministers.
Example
Political leaders Civil servants

Real and Nominal Executive

1. The distinction is made based on functions of the head of state and head of govt.
2. Usually in parliamentary system, HOS performs ceremonial duties while HOG is the political
person who really functioned the administration of the government

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THE REAL:
- It describes the person who is constitutionally possess the real power , advising and
command
THE NOMINAL:
- It describes a person that acts on the advice of someone (PM or the Cabinet)

THE REAL & THE NOMINAL (PARLIAMENTARY):

• Real Executive is the elected leader of the majority party in Legislative who known as PM or
Chancellor.
• The Nominal executive is either President or Constitutional Monarch.

THE REAL & THE NOMINAL (PRESIDENTIAL):

• The President is the both Real and Nominal Executive

NATURE OF EXECUTIVE: NOMINAL EXECUTIVE & REAL EXECUTIVE

Differences between Nominal Executive and Real Executive


Characteristics Nominal Executive Real Executive

Ceremonial duties only Head of the Government & in-charge of


Role the affairs of the country
Only nominal power

Power Power is defined & limited by the constitution Implement the policy of the state

Position Possess no actual power Possess actual power

Examples YDPA Prime Minister

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Tan Sri Muhyiddin Yassin sworn in as nation‟s eighth Prime Minister (Monday, 2 March 2018). The King had appointed
Muhyiddin as the new PM in accordance with Articles 40(2)(a) and 43(2)(a) of the Federal Constitution.

Example of Real and Nominal Executive

COUNTRY HEAD OF STATE HEAD OF GOVERNMENT

MALAYSIA KING PRIME MINISTER

CANADA GOVERNOR GENERAL PRIME MINISTER

UNITED STATES PRESIDENT PRESIDENT

UNITED KINGDOM MONARCH PRIME MINISTER

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INDIA PRESIDENT PRIME MINISTER

Single and Plural Executive

SINGLE VS PLURAL (referring to number of chief executive)


 The distinction is made based on the number of chief executive.
Single Plural
 For single executive, the power is vested • The power of the executive is divided among
in one person and responsibility is not a number of people.
divided • Advantages: Check and balance, two heads
are better than one
 Advantages: Secures unity
• Disadvantages: Wastes of time,
 Disadvantages: The concentration of • Plural or collegial executive means the power
power is not lies on one person but by many people.
 UNITED STATES OF AMERICA - the • SWITZERLAND - Collegial Executive – They
power lies on one person who possess have 7-member federal council who are
both the real and nominal power selected for every 4 years and among them
 Dictatorship government there will be a member that become
president of federation for 1 year.

Different methods of selection; differences between the “real executive” and “nominal
executive”, differences between the “single executive” and “plural executive”.

 In practice there are five different methods of choosing the Head of the State namely:

METHODS IN CHOOSING EXPLANATION


THE EXECUTIVE

1. Hereditary principle  Is associated with monarchical government


 The term of office is for life
 The succession goes from father to a son
 E.g United Kingdom and Saudi Arabia

2. Direct popular election  The choice of the Chief Executive is by the direct vote of the
people

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 It shows the principle of popular sovereignty


 ADV: It is essentially democratic, and it is a good means for
implementing political education to the voters
 DIS: Wrong person
 is chosen and electors may be influenced and misguided.
 E.g.: The Governors of the constituents of the USA (State level
of govt.)

3. Indirect election  Is a method where the Chief Executive (example;President) is


elected by an electoral college elected by the people
 The Electoral College process consists of the selection of the
electors, the meeting of the electors where they vote for
President and Vice President, and the counting of the electoral
votes by Congress.
 In theory, the election of the President of USA by electoral
college in which every State has many representatives as it has
in both the Houses of Congress
 But, In the USA the scheme of indirect election of the HOS
become in reality a system of direct election.
 The Electoral College consists of 538 electors. A majority of
270 electoral votes is required to elect the President. Your
state‟s entitled allotment of electors equals the number of
members in its Congressional delegation: one for each member
in the House of Representatives plus two for your Senators.
4. Election by the  It is another type of indirect election
Legislature  The idea is selection should be made by those who are best
qualified to exercise their judgment in public affairs
 E.g.: the President of India, the Federal Executive Council in
Switzerland

5. Nominated (dilantik)  This type of executive exists in dependencies of some great


Executive powers.
 E.g.: The Governor-General of India during the British rule, The
Governor-General of Canada and Australia by the Queen of
England, the Governor- General of Korea by the Emperor of
Japan
 To summarize, outside power choose them

Comparison between Executive in Parliamentary and Presidential System.

EXECUTIVES YDPA PRIME MINISTER PRESIDENT


(MALAYSIA) (MALAYSIA) (USA)

APPOINTMENT Conference of Rulers Elected and appointed Directly elected (by electoral
(perlantikan) (CoR): Chosen among the among equal by YDPA college)
th
9 state royal Houses from majority party

DURATION OF 5 years (rotate) 5 years 4 years ( max 8years; 2 terms)


APPOINTMENT

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TERMINATION Of unsound mind & health 1.Lost in election; Lost in election; after two term
incapability 2. prosecuted in court of in office; by impeachment
End of term law liable to a fine
exceeding RM2,000 / jail
3.Vote of no confidence

QUALIFICATION The most eligible > 30 years old; Malaysian > 35 years old; Resident of
Sultan/Raja as Confirmed Resident more than 14 years
by Conference of Rulers
POWER Disband Parliament; Chief Executive and Chief Chief Administrator; Has Veto
Power to pardon; Administrator; Advising Power; Power of Pardon;
Appointing PM; YDPA Appointing Judges &
Appointing Judges Ambassadors in agreement
*advice by the PM with the Senate

FUNCTIONS Head of the State; Chief Head of Government; Head of government; Head of
of Armed Forces; Head of Chief Diplomat; Chairman the Nation/State; Chief Of
The Islamic Affairs and of Coalition Party Diplomat; Chief Of Armed
Customs Forces; Party Chief

Definition and functions of civil service

 Public Administration is the administration of governmental affairs by permanent members of


the government (the body is the civil service) (Fessler, J.W. & Kettl, D.F.1991, pg.8)
 Most fundamentally, it runs the departments and administers laws
 It contributes to both the shaping and execution of policies
 In the policy execution – its task is to translate the printed laws into changed behaviour
 In the policy formation – its roles are played at 2 stages:
i. Before the legislature legislate laws – the chief executive has to make policy decisions
ii. After the legislature has enacted statutes / issued orders – the executive passes on to
administration – the job is making sense of them.

THEORISTS / DEFINITIONS
PROPONENTS

Marshall E & Gladys O „Public Administrations as the production of goods & services designed to serve
Dimmock & Douglas Fox the needs of citizen (consumers).
(1983) It involves the accomplishment of politically determined objectives-must be
concerned with policy and its orderly execution‟

Cole B Graham Jr. & „In ordinary stage, public administration is a generic expression for the entire
Steven W. Hayo (1986) bundle of activities that are involved in the establishment and implementation of
public policies.

Grover Straling (1986) „Traditionally public administration is thought of accomplishing side of


government. It is supposed to comprise all those activities involves in carrying
out the policies of elected officials and some activities associated with the
development of those policies.

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David H. Rosenbloom „The use of managerial, political and legal theories and process to fulfill
(1986) legislative, executive, & judicial government mandates for the provision of
regulatory and service functions for the society as a whole or for some
segments of it.

John M Pfifner & Robert „Essentially concerned with the means of implementing public values-of
Presthus coordinating individual and group efforts to carry out public policy –and as such
it is mainly occupied with routine work of government.

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JUN 2019
Functions of Public Administration
Functions of public administration can be seen from the functions of ministries or departments.
1. Answer for the administration to the people – it translates policy into practice; therefore it must
be capable to explain its action / decision.
2. Drawing up of its policy – although policies are formulated by the Executive but the details to
work out and routine businesses are left to them.
3. To work out the detailed regulations necessary to give effect to the statutes (laws / policies)
4. To implement policies – once the policies have been legislated, it is the responsibility of public
staff to ensure them to be faithfully carried out. (responsibilities of top civil servants – to direct,
instruct, supervise & control; responsibilities of the field officers – obey, implement & report as
well as make suggestions if necessary)

Principle of Politics – administration dichotomy

• The principle is “the neutrality of public administration or civil service”


• This idea proposes that public administration or civil service must be free from political
intervention or influences.
• Principle of Public Administration:
1. Entrust
2. Accountability
3. Effectiveness and efficiency in task or work
4. Sensitiveness to the public surrounding and needs
5. Justice
6. Impersonality (no self-interest)
7. Rules and regulations
 Conditions to ensure neutrality:
1. Methods of appointment FINAL TEST
2. Permanency of tenure and status JUNE 2020

3. Promotional basis
4. Salary and compensation
5. Accomplishment of duties
 It is an idea of the separation of policy (politics) from administration (policy or administration
dichotomy).
 Began in the late nineteenth and early twentieth centuries
 Stemmed from the need or efforts to reform all levels of government
 Popularized by W.W. Wilson through essays on:
i. Law and Administration
ii. Administrative and Executive Power
iii. Constitution and Administration
 The idea was supported by his followers (the Wilsonian) – their suggestion:
i. total separation between politics and administration
ii. aim: to divorce politics from administration
iii. reasons: they believed that the administrative system was influenced by „spoiled
men‟.
 The movement was directed against political corruption, to ensure the efficiency of
administration and to create a neutral civil service (non-partisan civil servants)
 But it was a rejection by scholars (opponents) – they regarded it as unsound idea (because
administrative staff shares in the policy-formation function. The opponents (Neo Wilsonian) –
politics-administration dichotomy is a myth. They are inseparable‟.

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Executive in an Islamic System


 In Islam, the executive branch is the nucleus of authority within a state.
 It is designated in the Quran and the Hadith as Ulul-Amr and Umara and is headed by the
Amir (the leader) who is elected from the “most respectable” and “most pious persons”.
 The highest position in Islamic political system is Khalifah.
 Amir or Khalifah who is accountable to the Shura, which in contemporary terms can be called
legislature.
 Characteristics as the ruler of the state:
I. True Muslim prepared spiritually and physically
II. Have enough knowledge to make his judgement
III. Follow the rules of Allah, contained in Al-Quran and As-Sunnah
IV. Competence: ability to encourage his followers to submit before Allah.
 Duties of Khalifah:
I. To enforce the Shariat of Allah
II. Eradicate any type of Taghut
III. Convey the teachings of Islam to the people
IV. Lead a strong Islamic nation, economically, socially and politically.

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Choose A or B
1. Executive is responsible for
A. Putting into effects the laws legislated by legislature
B. Legislating law to be implemented

2. Executive is
A. Those who work as government officials
B. Those who work as government officials except those in legislative and judiciary branch

3. In narrow sense, executive is


A. Head of government, head of legislature and head of judiciary
B. Head of government, chief executive, head of state and members of cabinet

4. Civil servants are


A. Non-political executive
B. Temporary executive

5. Example of civil servant


A. Prime Minister
B. Police officer

6. Below are functions of executive


A. Internal administration
B. Inquest and interpellation

7. Public policy is
A. The result of whatever executives want to do
B. The result of people‟s choice

8. Ministry of Education in Malaysia responsible for


A. Textbook
B. Road safety

9. Why state is interrelated to other states?


A. To start a war
B. To have economic cooperation

10. Ministry that responsible in external administration is


A. Ministry of Defense
B. Ministry of Foreign and External Affairs

11. Generals and commanders of Army, Navy and Air Force are appointed by
A. The head of state
B. The head of executive

12. What is the objective of MINDEF?


A. To protect and defend the national interest

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B. To protect the welfare of the people in terms of food security and road safety

13. Why sometimes executive exercise legislative function?


A. To reduce the burden of legislature
B. To control the law of the country

14. Who will assent the bill so that it will become laws?
A. Head of executive
B. Ministers

15. _________ is one form of legislation where parliaments delegate legislative power to
executive
A. Delegated legislation
B. Bills

16. Why executive is required to keep an eye on administrative of courts?


A. To ensure citizens‟ right can be guaranteed
B. To ensure court will not disturb the duty of ministries

17. Executive can


A. Appoint judges
B. Grant pension

18. Anwar Ibrahim received ________ from the Malaysian king on 16th May 2018.
A. Royal pardon
B. Prime Minister pardon

19. Other functions of executive are


A. Representation and budget presentation
B. Services and licensing function

20. The difference of political executive can be seen from


A. How they are appointed
B. How they got remuneration

21. Political executive is ________ position.


A. Permanent
B. Temporary

22. Real executive means


A. A person that acts on the advice of someone
B. Constitutionally possess the real power, advising and command

23. In Parliamentary system, real executive is _____ while nominal executive is_____
A. YDPA, Prime Minister
B. Prime Minister, YDPA

24. In presidential system, real executive is _____ while nominal executive is ______
A. Monarch, president
B. President, president

25. Nominal executive in charge on


A. Affairs of the country
B. Ceremonial duties only

26. When Tun Mahathir sworn as 7th Prime Minister of Malaysia?

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A. 9th May 2018


B. 11th May 2018

27. In Canada, the head of state is _______, while the head of government is________.
A. Monarch, Prime Minister
B. Governor General, Prime Minister

28. India has both


A. Monarch and YDPA
B. President and Prime Minister

29. Single executive means


A. The power is vested in ONE person and responsibility is not divided
B. The power od executive is divided among several people

30. Advantage of single executive is


A. Secures unity
B. Check and balance, two heads are better than one

31. Single executive is not good because


A. Power can be concentrated
B. Wastes of time as many people involve

32. Example of single executive is


A. Switzerland
B. United States of America

33. There are FIVE methods to choose executive. One of it is


A. Hereditary principle
B. Rotation

34. Which country uses direct popular election to choose the governors of constituents at state
level?
A. Saudi Arabia
B. United States of America

35. The electoral college of USA consists of


A. 538 electors
B. 270 electors

36. For someone to be a president in US, he must at least got


A. 538 electoral votes
B. 270 electoral votes

37. One example of great powers that can nominate executive is


A. Emperor of Japan
B. Malay Sultanate

38. YDPA in Malaysia is appointed among


A. Nine Malay Rulers
B. Thirteen Malay Rulers

39. President of US can only serve for maximum of


A. 3 terms (10 years)
B. 2 terms (8 years)

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40. Prime Minister can be terminated by


A. After two terms in office
B. Vote of no confidence

41. President has power to


A. Appoint judges
B. Appoint prime minister

42. Public administration is similar with


A. Bureaucracy
B. Judiciary

43. Public administration as stated by Marshall E & Gladys O Dimmock & Douglas Fox (1983)
involves in
A. Production of goods and service to serve the needs of citizens
B. Generic expression for the entire bundle of activities

44. Functions of public administration can be seen from the functions of


A. Head of State and Head of Government
B. Ministries or departments

45. Public administration must


A. Not answer the for the administration to the people
B. Work out detailed regulations necessary to give effect to the statutes

46. What is the meaning of principles of politics – administration dichotomy?


A. Politics and administration must be separated
B. Politics and administration is inseparable

47. One of the principles of public administration is impersonality. Choose correct situation to
describe the principle
A. Always ready to answer to the public
B. Always prioritize service to public rather than personal matter

48. How to ensure neutrality?


A. Have relatives in service so that can ask help
B. Promotion based on merits

49. Why Neo – Wilsonian against the ideas of politics-administration dichotomy?


A. Because politics and administration is related to each other
B. Because politic has nothing to do with administration.

50. One of the duties of khalifah is to


A. Eradicate any type of good deeds
B. To enforce the Shariat of Allah

End of Question

YOUR SCORE:

/ 50

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Critical Thinking Questions


1. What happen if there is no Executive Branch in the administration?

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

2. Can you explain the duties of Head of State in Malaysia?

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

3. How to become political executive?

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

4. Majority is not necessarily correct. Explain.

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

5. What do you think if retirement age in Malaysia is extended to 65 years old?

_________________________________________________________________________________

________________________________________________________________________________

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Describe TWO (2) functions of bureaucracy (10 marks).

Point 1 (5 marks): _________________________________________________________________

Your elaboration here:

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

Your example here:

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

Point 2 (5 marks): _________________________________________________________________

Your elaboration here:

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

Your example here:

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

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Topic 3: The Legislature

Chapter Outline

Please (X) when you have finished the lessons below:


Definition and functions

Appointment and removal of members of the legislature

Types of legislatures:
▪ Unicameral – advantages and disadvantages
▪ Bicameral – advantages and disadvantages
Differences between the “Upper House” and “Lower House” in the US, Britain and Malaysia

The legislative process and constitutional amendments (Special reference to Malaysian


legislative process)
Delegated legislation and subsidiary legislation.

Direct legislation
▪ Referendum – advantages and disadvantages
▪ Initiative – advantages and disadvantages
Legislative – Islamic Perspective

Definitions and Functions of Legislature


 It is the first government body – Parliament, Congress etc
 Is a body, responsible for making laws / policies or amendment of laws
 It occupies a superior place
 The executive and judicial bodies cannot function until the legislature has functioned
 It has unique characteristics – as argued by Nelson W. Polsby.

The Characteristic of Legislative Body - (Nelson W. Polsby)


1. Legislatures are official government agencies
- This body is part of government
- Works for government like Executive and Judiciary Branch
2. They are multi-member
- The members of Legislative are more than one
- In Malaysian Parliament, the members for Lower House is 222 while in Upper House is 70.
3. They are directly elected by the citizens
- Members of Dewan Rakyat in Malaysia are directly elected in General Election.
- While for Dewan Negara:
a) 26 are elected by the state legislative assemblies,
b) 2 senators for each state,
c) The other 44 are appointed by the Yang di-Pertuan Agong (King), including 4 of
whom are appointed to represent the federal territories.
4. Their members are formally equal
- They are equal in terms of power
- Everyone can bring the issues in the assembly
5. They arrive at decisions by deliberating on alternatives
- All the alternatives will be considered

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- All options are weighted according to the benefits and weaknesses as well as cost to
implement it and not to forget how rakyat will react on them
6. They register decisions by counting the votes of their members
- Most of the bills need to have simple majority votes from the members to be passed
- But in a few circumstances, two-third majority vote is needed to pass the bill
- Votes of the members will decide whether the bills become law or not

Picture and Figure: Malaysian Parliament - Dewan Negara

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Picture and Figure: Malaysian Parliament - Dewan Rakyat

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Functions of the Legislature

(8)
(7) Amending
The (1)
Inquest & Constitution Law-Making
Interpellation

(2)
(6)
FUNCTIONS Representati
Judicial OF THE on
Functions LEGISLATURE

(5) (3)
Electoral Supervision
Functions (4)
Financial
Functions

Function 1: Law-Making
 Main function of legislature – make laws / amend / replace old laws
 Legislative Procedure in Malaysia‟s Parliament :

Drafting the Bill


A minister concerned draft the bill to be introduced & brings up the proposed bill into the cabinet meeting to get feedback &
endorsement of members of the Cabinet.

First Reading
Mentioned the full title that must have been provided to the Secretary of the House.

Second Reading
This level is the most important for several reasons. 2nd reading – done after the proposed bill has been printed & distributed to
members of Parliament. This is the stage where the bill will be debated rigorously by the members of Parliament.

House Comittee

Debate the finer of the bill in an atmosphere that less formal and may propose amendment.

Third Reading
Proposes the bill be read for the third time & passed. If the bill has been passed by House of Representatives- sent to House of
Senate – when passed, the bill will then be presented to His Majesty the King for the Royal Assent

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The Differences of Law Making Process in Parliamentary and Presidential System

Parliamentary System
• As in Britain & Malaysia, the executive has a direct hand in making laws where at the initial
system the cabinet discusses the proposal to introduce a bill initiated by a minister.
• If the proposal accepted by Cabinet, it is introduced in the House Of Legislature & it is the
duty of the Minister concerned to direct the bill through all stages of parliamentary procedures
& ensure that it is finally passed & duly enacted.
• Fusion of power; the members of the Executive are also occupy seat in Parliament

Presidential System
• The executive is not in direct touch with legislature.
• It only exercises its influence via Presidential message / members of Congress who belong to
the President‟s party.
• Although the law initiation may originate in the executive branch (80% of bills considered
emanate from executive), where one of the agencies drafts out a bill & then introduces it in
Congress, the final authority in making laws are still lies in the hands of the legislature.
• Separation of Power; the member of the Executive is NOT the members of Legislature

Note: President Trump (Executive) is from Republican Party and he is not in the Congress (Legislature) but as we
can see the Republican is the majority in the assembly, so he can pass the presidential message to his party.

Function 2: Representation
 The legislature is considered to be the main forum of public opinion.
 Legislature represents the people in the government, thus the members of the
legislature are the representative of the public
 The representative – responsible to represent & ventilate the grievances (problems)
of the people in the legislature.
 It because, people cannot talk to the government directly, therefore legislature is
political compromise of direct & indirect democracy in a modern & complex state.

Function 3: Supervision
 Legislature – has authority of „checking & supervising‟ the executive especially with
the gradual increase in the power & authority of this branch of government
 Executive initiates the legislation, but the legislation has the power to reject the
proposed bill

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 Even if the bill is passed, the legislature has the power to monitor the activities of the
government to ensure that the law is implemented correctly & effectively.

Function 4: Financial Functions


 The control & regulation of national finances is done by the legislature
 The main financial function of a legislature is the presentation, consideration &
authorization of the budget
 The budget needs the approval of the legislature & it is recognized widely that no
taxes should be levied, or expenditure authorized without the approval of the
legislature.

Function 5: Electoral Functions


 The legislature in some countries not only elects their own officers but also elect some
executive official such as the Head of State. E.g. India
 The elected members of both houses of parliament from an electoral college for electing the
President. E.g. US
 The President of India is the first citizen and represents the Indian nation and does not,
therefore, belong to any particular political party. He is elected by the representatives of the
people through an Electoral College.
 Article 54 of the constitution says:
 "The President shall be elected by the members of an electoral college consisting of -
o The elected members of both Houses of Parliament and
o The elected members of the Legislative Assemblies of the States
o E.g. Swiss – Legislature not only elects the judiciary but also members of the Federal
Council and the head of the civil service.
o E.g. American – Congress meets in joint session every fourth year to count the electoral
votes cast for the President & the Vice President.

Function 6: Judicial Functions


 Legislature performs certain judicial function such as adjudicating the behaviour of
administrative officials.
 The British Parliaments, House of Lords (Upper house) is the highest court of appeal and has
the power to remove judges just by a joint address of both Houses of Parliament to the
Crown.
 United States – The Senate in the Unites States sits as a court of impeachment for the trial of
the President and Vice-president, while the charges of impeachment are preferred by the
House of Representatives.
o France – The Senate in the former constitution of 1875, was empowered to sit as a
High Court of Justice for the trial of the President & the Ministers for high crimes
o India – both houses of parliament can prefer a charge for the impeachment of the
President. If the charge is preferred by the House of the People (Lok Sabha), the
Council of States (Rajya Sabha) investigates the charge and if the Council of states
prefer the charge, then the House of the people investigates it.

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o Malaysia – Parliament does not impeach the King or Ministers but has the power of
defeating a government by a vote of no-confidence or by removing a Minister, from a
cabinet who has been found guilty of a crime.

Function 7: Inquest and Interpellation


 Legislature at times works as an organ of inquest where it makes inquiries into matters of
general interest.
 The legislature appoints commissions of inquiry relating certain agriculture or industry or find
causes of social unrest or violence
 Commissions of inquiry will collect information, receive memoranda, hear evidences & make
recommendation to the government.

Function 8: Amending the Constitution


 The legislature not only plays an important role in making the constitution but also in
amending the constitutions
 The legislature is given this authority because it is considered to be the legitimate
representative institution of the people & is the original body which drafted the constitution.
 In Malaysia, Canada, Britain, India & United States – process of amending the constitution
must start in legislature
 3 methods in amending constitutions;
 Direct votes of the legislators alone where in some countries it requires unanimous approval
& in others a majority is necessary.
 An amendment proposal by the legislator, followed by the ratification by the constitutional
convention
 A proposal by the legislature, followed by the ratification of states.

Appointment and Removal of Members of the Legislature

Methods of Appointment - (Parliament and State Legislative Assembly)


 Members of the legislative bodies (in the unicameral system and lower houses in the
bicameral system) are elected through national elections or by-elections
 In Malaysia, members of upper houses or Senate are appointed by the Government or YDPA
(the head of the state with the advice from the head of the government)
 Every citizen resident in the Federation is qualified to be a member.
 For Senate, he must not less than thirty (30) years old while for the House of Representative,
he must not less than twenty-one (21) years old.
 The appointment of members of upper houses may different in other countries.

Methods of Termination FINAL EXAM


JAN 2019
 Termination refers to a process that causes a person become disqualified from being a
member of any House of legislature
 Article 48 of the Malaysian Constitution provides disqualification for membership of the
Parliament.

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 Article 48 of Malaysian constitution stated that a person is disqualified from being a member
of Parliament if:Below are the causes of disqualification of Parliament Members of Malaysia:
i. He is and has been found or declared to be of unsound mind (tidak waras)
ii. He is an undischarged bankrupt (seorang bankrap yang belum dilepaskan)
iii. He holds an office of profit (mempunyai syarikat perniagaan)
iv. He has failed to lodge any return of election expenses required within time and manner
required (Tidak mengemukakan penyata perbelanjaan pilihanraya)
v. He has been convicted of an offence by a court of law in the Federation and sentence
to imprisonment not less than one year or fine two thousand ringgit and not received a
free pardon (Didapati bersalah oleh mahkamah)
vi. He has voluntarily acquired citizenship of other countries (Meminta kewarganegaraan
lain)
 In other countries the provisions may different.

Types/ Forms of Legislature

• The forms of legislature depend on the way how they are organised
• Or the manner of the organisation of the legislature
• When there is only ONE legislative assembly, the system of organisation is called
unicameral
• When the legislature is organised into TWO Houses, it is called the bicameral system.

One Chamber or Unicameral System


• This system exists when there is only one House or Chamber in the legislative body
• e.g. Norway, Bangladesh, New Zealand, Finland, and Denmark
FINAL EXAM
Advantages DEC 2019

1. Allows speedy action


2. Allows clarity of the responsibility of the Cabinet in the Parliamentary system of government
3. Reduces duplication and confusion of responsibility relating to legislations.
4. Reduces conflicts between Upper and Lower Houses – adds the prestige and quality of
legislators
5. Less expensive and faster the decision making process

Disadvantages
1. It could not persist for long because at present the bicameral system is widely adopted
2. May cause difficulties to make decision when members of House do not keep in harmony with
popular opinion (before the expiry of its term of office).
3. Absence of highly intelligent discussion and criticism.
4. There is no balancing of authority because all law-making were concentrated at a single
centre.
5. (James Bryce) – There is a tendency of an assembly to become hateful, tyrannical, and
corrupt needs to check it.

Two Chambers or Bicameral System

 The bicameral system exists when the legislature is organised into two Houses or Chambers
– lower House and Upper House
 Upper House – Dewan Negara, Council of States, House of Lords, Senate, Rajya Sabha etc

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 Lower House – Dewan Rakyat, House of Commons, House of Representatives, House of


People, Lok Sabha, etc
 E.g. Malaysia, Canada, India, the U.S.A. and Britain
FINAL EXAM
JUN 2019
Advantages
1. Provides a check on hasty and ill-considered legislation
2. Can avoid the concentration of powers
3. Ensure better decisions - checked by more experienced body (Upper Houses)
4. Provides a convenient means of giving representation to different classes and interests
5. Assures representation of minorities and for professionals and vocational interests

Disadvantages - The critics


1. Regards second chamber as a clumsy addition – which prevents or delays the necessary and
urgent decisions.
2. Regards second chamber as destructive of national solidarity, creating deadlocks and
FINAL TEST
frictions between the different sections and interests of people.
JUNE 2020
3. Cause duplication of works, leads to delay in actions etc
4. An expensive system

Unicameral : Single House Bicameral : Two Houses

Permits Speedy Action Provide a check on hasty and ill-considered


legislation
Allows Despotism Avoid despotism and protect individual freedom
against legislative nepotism

Avoids obstruction of the will of the people Help public opinion to crystallize by interposing
delay
Reduces duplication & confusion of responsibility Help divide the workload
relating to legislation

Adds to quality & prestige of conflict Do useful and careful revision of legislation

It is less expensive & ensures speedy Allow representation to different classes & groups
transaction of business

Laws has been passed without careful Reflect the popular will at all times and there is no
consideration as there was no debate on bill time lag

Always involves bribery and injustice in decision Delay in decision-making due to the existence of
making many disagreement & misunderstanding

There is no check and balance legislative Possibility of overlapping duties and


decision that may caused depression to the responsibilities
people

All there are limited opinions from the general Non-cost effective due to lengthy debates at all
public parliamentary levels

Source: AC Kapur, 1986

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Differences between the “Upper House” and “Lower House” in the US, Britain and Malaysia

Malaysian

DEWAN NEGARA (SENATE) DEWAN RAKYAT (HOUSE OF


REPRESENTATIVE)

 The Dewan Negara (Senate) consists of 70  has 222 elected members Elected members
members. according to state allotted constituencies;
 26 members elected by the State Legislative
Assembly to represent 13 states (each state
represented by two members).
 44 members appointed by His Majesty the Yang
Di-Pertuan Agong on the advice of the Prime
Minister, including
 2 members from the Federal Territory of Kuala
Lumpur, and one member each from the
Federal Territory of Labuan and Putrajaya.

Qualities: Qualities:
 Persons that have rendered distinguished public  Won in election (general or by election).
services or have achieved distinction in (A General Election is held every five years to
profession etc, or interest or racial elect members of the Dewan Rakyat. Parties with
representatives. the most votes can form a government to rule the
country)

Age: Not less than 30 yrs old, Age: not less than 21 yrs old
a Malaysian citizen; be of sound mind;
not be an undischarged bankrupt; and
not have a criminal record (Further refer to the
Article 48 of Federal Constitution)

British

HOUSE OF LORDS (Upper house) HOUSE OF COMMONS (Lower House)

 Consist of heredity peers & 90% of the total  The development of lower has coincided with the
membership of the whole House (in course of development of popular representation, uniform
time custom became a right and a seat in the in their basis structure.
House of Lords descended from father to eldest  they are almost universally elected by a direct
son – law of primogeniture) vote of the people who reside in different
 10 % - non-heredity and includes the Lords territorial constituencies
Spiritual, the Law Lords, Peers and Women  House of commons is elected for 5 years,
Peers, Princes of the Royal Blood. subject to dissolution and the term of office.

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American

SENATE HOUSE OF REPRESENTATIVE

 It is fixed by the Constitution  435 elected members


 100 members (2 senators / 50 states)  Constt. merely stating that 1 Reps to every
 Senatorship for 6 years, but one-third of them 30,000 & each state should have at least 1
expire every 2 years Reps)
 elected by people  The term of Reps is 2 years, elected by people.

Qualities: Qualities:
 Senators must not hold any civil office during  Representative not restricted to be a resident of
senatorship, or vice versa a district, resting solely upon custom

 Age: at least 30 years old and been 9 years a  Age: Representative at least 25 years old and
citizen of USA been 7 years a citizen of USA

COMMITTEE SYSTEM OTHER COMMITTEES

 Committee system is a part of the formal  Other committee namely joint select or special
organization of Congress or conference
 Most of the work in congress is done through  Joint Committee composed of membership both
committee and the most significant is the Standing HOR & SENATE
Committee;  Conference Committee consist of few members
 Standing Committee are regular permanent from HOR & SENATE
committee of the HOR and Senate  Select or Special Committee created for
 There are 22 Standing Committee each in HOR & specific assignments etc.
Senate

The legislative process and constitutional amendments (Special reference to Malaysian


legislative process)

 They are processes of passing legislations and changing Constitutional provisions, by legislative
members or legislators.
Law making processes

 Necessary steps must be taken for due process;


1. Determine the acts or policies to be enacted in the bill with prior advice from the Attorney-
General Office
2. The acts or policies presented to the ministers
3. Notice to be given to House of Representatives & the Senate
4. The bill is printed and distributed accordingly

 A Bill introduced in either House in accordance with parliamentary procedure and usually goes
through four (4) stages;
1) First Reading – When a Bill is introduce only its title is actually read. After the Bill is passed
at this stage, its text is printed & distributed.

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2) Second Reading – Members debate the Bill. If accepted, it is passed on for consideration by
committee of the house.
3) A committee of House – Considers the Bill in detail and may amend any part of it. The
committee then submits a report on the Bill to the House. If the report is approved, the Bill
goes on to a third reading in the house.
4) Third Reading – Debates takes place and amendments may be put to vote. The house then
either passes or defeats the Bill
 Other house – when a bill has passed one house, it is sent to the other house, where it
follows a similar pattern. If there is amendment to the Bill must be returned to the first house
for approval.
 Royal Assent – When the Bill has passed both houses, it is sent to YDPA for royal assent.
The Bill becomes a law upon publication.
 Publication – Act comes into force.

1ST 2ND COMMITTEE


3RD DEWAN ROYAL PUBLICATION
READING READING READING NEGARA ASSENT

Obstacles (challenges) during the debate of a Bill on Parliament:

1. Hostility from the oppositions


2. Split within supporters
3. Outside opposition e.g.: pressure group

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4. Compromise not reached


5. Time delay ( a Bill pass by lower house but not by upper house will be returned to the lower
house for reconsideration)

Delegated legislation and subsidiary legislation


Delegated Legislation
• Passed by legislatures representing the people in absence during the process of law making
as practiced during the Era of Athens
• Delegated legislation may be made at federal, state and local level, whereby representatives
are elected to represent the masses.
• It means law made by an executive authority under powers given to them by primary
legislation in order to implement and administer the requirements of that primary legislation.
• It is law made by a person or body other than the legislature but with the legislature's
authority.

Subsidiary Legislation
 Subsidiary legislation is not passed by legislatures, but it is made by persons or bodies under
powers conferred on them
 Usually this type of legislation is generally based on legislation drawn up by legislatures
 E.g. Local Council By-Laws – gives legal authorization and power to local Council to act in
certain area of its jurisdiction, such as council taxes, fees, and fines.
 E.g. Merchant Shipping Act – provides authority to the Marine Department to issue certain,
licenses and permits to marine transports ( boats, ships, tanker)
 Subsidiary legislation is a detailed rule and regulation, which eventually becomes a procedure
to that legislation and it is practical.
Direct legislation – Referendum and Initiative

 During recent years, the representative democracy has been subjected to much criticism due
to the popular belief that the legislature play excessive party politics and the welfare of the
people is discounted.
 The whole government machinery is geared towards serving the party ends and the
governments will & decisions are actually that of the party‟s
 Legislators & the administrators have nothing to decide and determine & here once again the
people‟s welfare is jeopardized
 In order to rectify this problem, the direct participation of the people in the affairs of the
government is recommended.
 The system of direct legislation is hardly practiced, however it can be carried out through two
methods which are:
1. The Referendum
2. The Initiative
The Referendum

• Referendum literally means must be referred to. It is deciding on a policy or constitutional


issue by means of a popular vote at the request of a government or legislature.
• A.C. Kapoor (2002) its means the process by which the judgment of the people is sought on
a proposed law or constitutional amendment on which the legislature has already expressed
its opinion.
• It is ratified by the required majority of popular votes, then it becomes law however should it
be rejected, it is given up. The underlying idea of the referendum is that the law must be the

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manifestation of the people‟s will, thus every law passed by the representative assembly
should be submitted to the people for approval.
• The are two types of referendum which are:
1. Facultative or Optional
2. Compulsory or Obligatory

Facultative or Optional

 After the law has passed through the legislature, then it is submitted to the people for their
acceptance or rejection on a petition from a specified number of citizens.
 If the majority vote is in the affirmative (agree), it becomes law but if otherwise, the decision is
reversed.
 Example: In Switzerland a petition for facultative or optional referendum is required to be
made by 50,000 citizens or the legislatures of eight Cantons for ordinary law unless Federal
Assembly declares the matter urgent

Compulsory or Obligatory

 Here all laws of a specified type must necessarily be referred to the people for their
acceptance or rejection before they become laws.
 This form is considered more democratic as it requires expression of public opinion on every
law.
 In Switzerland and Australia, all constitutional amendments are subject to compulsory or
obligatory referendum.

Merits of Referendum

1. Surest method of discovering the real wishes of the people


2. A law which comes direct and straight from the people, carries with it fuller moral authority and
commands unquestioning obedience than a law made for them by their representatives.
3. Minimizes the importance of political parties and discourages partisan spirit;
4. Reduces the political high-handedness of the majority party (majority and minority in reps.
democracy)
5. There is no time-lag (always keep in touch with people than at General Election)
6. It has more educative value, prompted people with keener and active interest in public affairs
7. It refrains from making sweeping changes in laws (avoid from radical changes)
8. It is best means of resolving deadlock between the 2 houses of the legislature (e.g.: Australian
Constt. Direct legislation is recommended as a device for breaking the deadlock between two
chambers)
9. It is only the people who can put an end to controversy (final decision)

Demerits of Referendum
1. It has undermined the prestige of the legislative assemblies and has adversely reacted on the
quality of membership
2. Inadequate qualification to deliver opinion on the technically and complication of legislation
3. The result of the ballot does not fairly represent popular opinion ( as in most cases, due to low
percentage of attendance )
4. Involves unnecessary and harmful delay in passing many laws of vital national importance
5. It accentuates political rivalry and partisan spirit that, in parliamentary government, may prove
embarrassing to the party in power.

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The Initiative
 System whereby when a law has been ratified (approved) by the people then it becomes a
law even if it has been disapproved by the legislature. It is claimed that, by this process a
voter can make his influence felt (use this device) in cases where the legislature may not
agree to adopt a law or a constitutional amendment.
 Advocates of this system feel that the referendum is not sufficient to remove the defects of the
representative system.
 They assert that it is the inherent right of the people to propose legislation without regard to
the opinion of the legislature and even against its wishes.
 Initiatives may take two forms:
1) Formulated Initiatives
 If the proposal is formulated in the form of a Bill complete with all respects, it is the
duty of the legislature to consider the measure as it is.

2) In General Terms Initiatives


 When the demand is express in general terms, it is obligation of the legislature to
draft, consider and pass law as desired by the required number of citizens, subject to
the ratification of people.

Advantages of Direct Legislation


1. Provides an opportunity & freedom for people to voice their opinion & make their choices
2. Encourages the existences of justice for the people
3. Guarantees that the principles of democracy be uphold.

Disadvantages of Direct Legislation


1. This system is viable only in small areas with a small number of people.

Legislature in an Islamic System


 In every Islamic political system, there must exist a Shura, and the Khalifa must consult this
Shura in making decisions.
 Shura has the power to dismiss or impeach the Khalifah.
 Legislative assembly must have the right to interpret and apply ijtihad which would then
constitute the authoritative consensus of the community (ijma).
 Muslim scholars conceive legislature in terms of the Ahl al-Hall wa al-‟Aqd (the people who
loose and bind) and Shura.
 These TWO institutions, have mostly been two distinct institution; the former is smaller in size
than the latter.
 The two bodies occasionally merged to perform certain important functions such as electing
the caliph.

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Left: We hope that all the discussion and consultation done will benefits the people
Right: Illustration of Shura that had been done in previous time

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Choose A or B
1. Legislature is the _______ government body.
A. First
B. Third

2. Legislature is also known in some countries as


A. Cabinet
B. Parliament

3. Legislature is responsible to
A. Execute laws
B. Formulate policies

4. Multi-members of legislature mean


A. Legislature consists of 1 superior person
B. Legislature consists of many people

5. Members of Lower House in Malaysia is


A. 222
B. 70

6. Upper House in Malaysia is known as


A. Dewan rakyat
B. Dewan negara

7. What is the meaning of “arrive at decisions by deliberating on alternatives?”


A. The representatives must obey the decisions made by Prime Minister
B. All the alternatives will be considered during the debating of the bills

8. In order to amend constitution __________ is needed


A. Simple majority is needed
B. 2/3 majority is needed

9. How many senators that are appointed by the King in Malaysia?


A. 68
B. 40

10. After 14th Malaysian general election, PKR secures _____ seats in Selangor.
A. 20
B. 18

11. While Barisan Nasional secure the highest number of seats in _________
A. Perak
B. Pahang

12. ___________ did not involve in 14th General Election.


A. Sabah

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B. Sarawak

13. Below are among the functions of legislature.


A. Representation
B. Military

14. Below are correct stages of law-making process


A. Drafting bill, First Reading, Second Reading, Third Reading and House Committee
B. Drafting Bill, First Reading, Second Reading, House Committee and Third Reading

15. What is the most important level in law-making process?


A. House committee
B. Second reading

16. In Malaysia, the representative in Dewan Rakyat may occupy position in ______
A. Executive
B. Judiciary

17. Parliamentary system makes the country practice


A. Fusion of power
B. Separation of power

18. How President deliver his message in Congress


A. Via the presidential message
B. Cannot pass the message

19. Financial function of legislature is


A. Presentation and consideration and authorization of budget
B. Spending fund

20. Electoral functions of legislature is


A. When legislature elects executive officials
B. When legislature elects members of parliament

21. In Malaysia, Parliament does not impeach the King or Ministers but
A. Has power to remove King by vote of no confidence
B. Has power to remove Prime Minister by vote of no confidence

22. What is the activity in inquest and interpellation?


A. Collect information, receive memoranda, hear evidences and make recommendation to
government
B. Judge the situation

23. In Malaysia, Canada and ______, process of amending the constitution must start in
legislature.
A. Indonesia
B. India

24. How members of legislative bodies being appointed?


A. Elections
B. Nominations

25. To become members of senate, he or she must not less than ____ and for Dewan Rakyat,
must not less than ____.
A. 31, 21
B. 21, 30

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26. Below are the conditions on how members of legislature can be terminated
A. Declared to be poor
B. Declared to be unsound mind

27. They are TWO forms of legislature which are


A. Internal and external
B. Unicameral and bicameral

28. What is the advantage of One Chamber house?


A. Speedy action
B. Absence of highly intelligence discussion ad criticism

29. What is the demerit of One Chamber house?


A. Less expensive
B. No balancing of authority

30. Two Chamber house is


A. Unicameral
B. Bicameral

31. Advantage of bicameral house is


A. Provides a check on hasty and ill-considered legislation
B. Expensive

32. Disadvantage of bicameral house is


A. Ensure better decisions
B. Duplication of works and leads to delay in action

33. House of Lord and House of Common can be found in


A. British parliament
B. American Congress

34. Senate and House of Representative can be found in


A. British parliament
B. American Congress

35. What happened if the YDPA does not give assent to a bill within 30 days?
A. The bill will be return to Dewan Rakyat
B. It shall automatically become law

36. Delegated legislation is


A. Law made by an executive authority
B. Authority is not given by primary legislation

37. Example of Subsidiary Legislation


A. Merchant Shipping Act
B. Merchant Shopping Act

38. Direct legislation can be carried out by two methods:


A. Referendum and Initiative
B. Delegated and subsidiary legislation

39. What is the merit of referendum


A. Can discover the real wish of people
B. Weaken the prestige of legislative assembly

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40. Initiative is
A. Law approved by legislature
B. Law approved by people

41. Two form of initiatives are


A. Formulated initiatives and general terms initiatives
B. Compulsory and obligatory

42. Demerit of direct legislation


A. People have freedom of choice
B. Only viable only in small areas with low population

43. In Islam, legislature is known as


A. Khalifah
B. Shura

44. Ijma means


A. Leader
B. Consensus

45. One of the duties perform by Shura is


A. Electing the Qadi
B. Electing the caliph
End of Question

YOUR SCORE:

/ 45

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Critical Thinking Questions

1. Legislature is
__________________________________________________________________________

2. What is the function of YDPA in Malaysian Parliament?


__________________________________________________________________________

3. Give ONE issue in Malaysia that required parliament to exercise its inquest and interpellation

function.

__________________________________________________________________________

4. Presentation of Bajet must be initiated in Dewan Rakyat and not Dewan Negara. Why?

__________________________________________________________________________

5. Why rakyat need to be represented?

__________________________________________________________________________

6. In Malaysia , two-third majority vote from the members of parliament to amend the

constitution. Explain two-third majority.

__________________________________________________________________________

7. Which one is better? Unicameral or bicameral?

__________________________________________________________________________

8. What should be done when the seat is vacant in legislative assembly?

__________________________________________________________________________

9. The most important stage in law-making process is____________________ because

__________________________________________________________________________

10. Why direct legislation is not good?

__________________________________________________________________________

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Describe any TWO (2) stages of the law-making process in Malaysia (10 marks).

Point 1 (5 marks): _________________________________________________________________

Your elaboration here:

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

Your example here:

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

Point 2 (5 marks): _________________________________________________________________

Your elaboration here:

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

Your example here:

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

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Topic 4: The Judiciary

Chapter Outline

Please (X) when you have finished the lessons below:


Definition and functions
Independence of the judiciary – meaning and significance
Independence of the judiciary – evaluation in the context of the US and Malaysia
The courts structure in Malaysia
Rule of law and rule by law
Judiciary – Islamic Perspective

Definition of Judiciary
• The judiciary is the third branch or arm of any government.
• Its existence or establishment is to separate the three major functions of government to
uphold justice and equality for all.
• It is done through the administration of justice – through courts.
• Judiciary is a branch of government that is concerned with the administration of justice.
• It upholds law and order by ensuring that all are equally treated before the law.
• It is composed of a body of judges in a constitutional system and is always separated from
the other two branches of government to guarantee the judicial qualities of objectivity and
detachment.
• In a democratic as well as an Islamic political system the independence of judiciary is
regarded as essential prerequisite of a just and free society.
• In Malaysia, judiciary has its unique background of a given constitutional structure, part of
which is rooted in history.
• Some of the existing court (in Malaysia) has its roots in the British colonial years.

Palace of Justice (Istana Kehakiman)

The Palace of Justice / Istana Kehakiman


houses the Malaysian Court of
Appeal and Federal Court, which moved
to Putrajaya from the Sultan Abdul Samad
Building in Kuala Lumpur in the early 2000s.

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Functions/ Roles of Judiciary

Judicial
review

FINAL EXAM
Preventing
DEC 2019 Establishing
infraction of
laws Facts

Upholding the Interpreting


constitution laws

Creating laws

1. Establishing Facts
- Courts establish and determine facts in order to infer the truth. Courts are the
agencies that provide platform to settle the disputes between individuals, between
them and state and trial of persons accused of crime.
- When a case comes before the court, it usually remains ambiguous.
- The responsibility of the court is to determine fact in order to deduce the truth.
- The procedure is that the conflicting parties bring forward witnesses to produce
evidence in support of their respective contentions (arguments).
- Witnesses present evidences either in writing, orally or both.
- The court formulates a set of rules to govern the parties in producing witnesses and
subjecting them to interrogation.
- The judges listen to those witnesses and weigh the testimony.
- Finally, based on these evidences the court determines the fact.
- Adjudication process requires elaborate procedures for gathering evidences in order
to establish the facts in a case.
- Adjudication allows those who actually are affected by a law to present information
about their case.

2. Interpreting laws
- Judiciary second task is to apply the law to the facts which have been found by
investigation and then render decisions or deliver verdict or opinion.
- The judge does not evaluate the merit and demerit of law related to the case.
- The task of the judge is to accept the relevant law to the case as it is and apply it to
ascertained facts. A judge is the interpreter of law.
3. Creating laws

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- Laws are made to deal with broad issues. However, in dealing with specific case, the
existing law may appear to be ambiguous.
- They may be worded in such a way that it is difficult to determine the exact meaning.
- Also, with changing conditions in the society, issues are presented which were not
considered when the laws were made.
- More importantly, it can happen that a particular type of crime is not fully covered by
the existing law, therefore, it is the task of the judge to create a new law in dealing
with a case where the existing law may not be consistent with the present situation
due to the changing condition and thus court has to decide the nature, scope and
meaning of the law.
4. Upholding the constitution
- Judiciary acts as a guardian of the Constitution especially in the Federal system by
delimiting the jurisdiction of various agencies and units of government.
- Neither the central government nor the state government can pass legislation which
is contrary with the constitution.
- Also, the court has power to judge the conflict that happened between the legislature
and executive.
- Provisions in the constitution very important in upholding the interest of the nations,
therefore, it is best to leave to judge to take care of it.
5. Preventing infraction of laws
- The court performs the function of preventing infraction of laws and violation of
human rights.
- Courts are given authority to issue orders prohibiting any attempts that can violate the
rights of the citizens. The orders are known as injunctions or restraining orders.
- Citizens can approach the court for protection before their rights had been actually
violated.
- If such persons have reasons to believe that attempts will be made to violate their
rights, they can appeal to the courts and the courts will issue orders prohibiting such
attempts until the rights of parties were determined.
- The orders issued by court is called restraining order or injunctions.
What is an injunction? The word appears frequently in the media but is rarely
explained. An injunction is a court order, which requires parties to continue, or
cease, particular actions. Failure to comply with an injunction may result in fines,
arrest, or even prison time, depending on the situation. It is a flexible, but powerful,
legal tool that can be applied to a seemingly endless variety of scenarios.
- For example, court order a man stop bothering his ex-wife.

6. Judicial review
- The Court has the power to declare any act of the legislature or of the executive null
and void, and consequently invalid (if they are found to be in conflict with the
Constitution).

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- The court has power to review actions of legislative and executive.


- Judicial review is the effective means for securing supremacy and fundamental
quality of the constitution.

Independence of the judiciary – meaning and significant FINAL TEST


 Since judiciary is an important organ of the government, it is essential to maintain the JUNE 2020
independence of the judiciary.
 Judges must be independent, efficient, honest and impartial.
 The judges should be those persons who have integrity, dignity and independence of mind.
 If the lack of freedom in discharging their duties, justice cannot be secured.
 Therefore, the judiciary is said to be independent if:
1. The freedom of judges and courts from outside pressure and interference i.e. the
government.
2. Judges at all levels have to be confident that they will not face consequences if they act
according to the government decisions.
3. The judiciary is free from liability – the government would take any hostile criticism and
not the judiciary as the act was initiated by the government and not the judiciary.
4. They simply enforce the law that created by the Parliament.
5. Without independent judiciary, a democratic society cannot develop.
FINAL EXAM
Methods to ensure independence of Judiciary JAN 2019
1. Appointment of the judges
 It is highly desirable that the judges are appointed on the basis of merit.
 There are three methods of appointing judges;
i. Election by legislature
 this is not a common method
 not good as judges will be elected on political considerations
ii. Election by the people
- This is the worst method because judges then will be highly
politicized
- e.g. in some of the Cantons in Switzerland, in some of the states in
the U.S.A
iii. Appointment by the executive
- is the most common method e.g. Malaysia (Art122B-Appointment of
judges of Federal Court, Court of Appeal and of High Courts)
- most appropriate method to judge the qualities necessary for judicial
office
- Judges chosen by the executive are likely to be independent of
popular influence or political considerations.
- However, simple nomination of the executive is not adequate; the
judges should be appointed based on the merits.
2. Judicial tenure
 Judicial tenure means length or tenure of judges‟ service.
 Usually during good behaviour with compulsory retirement at a definite age
 In Malaysia, judges hold their office until the age of 66 (Refer Article 125 of Federal
Constitution)
 Once appointed, they cannot be terminated at the will of top executive (President or
Prime Minister).
 Judges should hold office until their term is over unless they are involved in corrupt or
immoral activities.
 They should not be made subject of dismissal by the executive.
 They may be removed only for serious misconduct established by a formal process of
impeachment or an address by both houses of legislature.

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 Judges can work independently if they have job security and tenure.
 If the tenure of a judge is to depend upon the pleasure of a particular person or
agency, independence and impartiality cannot be ensured.
 Judicial crisis in Malaysia in 1998 had witnessed that the Lord President of the
Supreme Court, Tun Salleh Abbas had been removed from his office by the tribunal.

3. Promotion
 The promotion of the judges should be absolutely based on merit and seniority.
 This should be done by the executive on the recommendation of the committees of
judges who can present the responsible minister annually a list of who should be
promoted.
 If any vacancy arises in a higher court, the committee of judges can suggest the
name from the judges of lower courts that is considered best for the post.
 Seniority, ability and legal eminence (reputation) should be the basis of promotion.

4. Salaries
 Fixed and adequate salary earned by judge in order to avoid corruption and bribery.
 In Malaysia, judges‟ remuneration and other terms of appointment (including pension)
cannot be altered as in Art 125(7).
 All judges‟ remunerations can be found at Judge Remuneration Act 1971.
 Judges‟ salaries are charged on the Consolidated Fund, without the need for
Parliamentary approval.

5. Non-interference of the executive


 The judges must be free from the control of the executive.
 If the executive could shape the judicial decisions in accordance with its own desires,
it would be unlimited master of the state because it controls the legislature also.
 If so, the judges cannot play an independent role.
 The will of the judges should not be bound by the desire of the executive; rather the
executive should be accountable to the judiciary.
 The more independent the judges are in their position, the more likely they will be
able to maintain justice.
Independence of the judiciary – evaluation in the context of the US and Malaysia
 Will be given later

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FINAL EXAM
The Court Structure in Malaysia JUNE 2019

Federal Courts  Consists of the Chief Justice of the Fed.crts, the Chief Justice of
the High crts, 4 judges and a number of additional judges
 Decides on the validity of laws made in Parliament or the State
Legislature
 Decides on dispute between Federal and State govs.
 Decides on dispute between two states
 Deliberates on appeals of civil and criminal cases from the High
Crt
 Advises the YDPA on the Constt
High Court  Headed by the Chief of the High Crt
 Generally the High Crt has the jurisdiction to hear cases which
carry the death penalty
 The High Crt has the jurisdiction to hear cases such as
matrimonial cases, bankruptcy and company cases,
guardianship of disabled persons
Sessions Court  Headed by a sessions court judge
 The highest of the lower crts
 Hear all criminal offences other than except those punishable
with death
 Can impose jail sentences, fine and whipping befitting the
offence committed, as permitted by the law
 Hear civil cases where the amount disputed does not exceed
RM 250,000
 Hear civils cases on landlord and tenant
Magistrate Court  Headed by Magistrate
 Hears light cases, max imprisonment does not exceed 10 yrs or
punishable by fine only
 Hears claim for repayment of debts in the monetary form
 Can impose caning for criminal cases

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„Penghulu‟ Court (sub-  Headed by the Penghulu or Head of the Mukim in the penghulu
district level) hall (found in peninsular Malaysia)
 Examines light criminal cases where the fine does not exceed
RM 25
 Examine civil cases where the fine does not exceed RM 50
 Appeals against the court‟s decisions on criminal and civil cases
can be made in the First Class Magistrate Crt
Juvenile Court  Headed by a Sessions crt judge
 Hears offences committed by a juvenile of less than 18 yrs of
age. Offenders cannot be sentenced but are sent to
rehabilitiation centers such as Henry Gurney school until 21
Syariah Court  Headed by a religious head appointed by the ruler or Sultan
 Examines cases of offences against the Islamic religious law
involving Muslims only
 Adminster and handle Islamic laws
Industrial Court  Judges and settles employer-employee and trde union disputes

Rule of law and rule by law

Derived from internationally accepted standards, the World Justice Project‟s definition of the rule of
law is a system in which the following four universal principles are upheld:
1. The government and its officials and agents as well as individuals and private entities are
accountable under the law.
2. The laws are clear, publicized, stable, and just; are applied evenly; and protect fundamental
rights, including the security of persons and property and certain core human rights.
3. The process by which the laws are enacted, administered, and enforced is accessible, fair,
and efficient.
4. Justice is delivered timely by competent, ethical, and independent representatives and
neutrals who are of sufficient number, have adequate resources, and reflect the makeup of

The Supremacy of Law/ Rule of Law

• The term 'supremacy of law' was first introduced by Professor Dicey, one of the most
outstanding constitutional lawyers. It means that “all persons are subject to the law”.
• Dicey in his Introduction to the Study of the Law of the Constitution in 1885 explained the
concept of the rule of law to mean;

1. the absolute supremacy or predominance of the law as opposed to arbitrary exercise of power;
2. that every man is subject to the ordinary law of the country and
3. the principles of the constitution pertaining to personal liberties were a result of judicial decisions
determining the rights of private persons in particular cases brought before the Courts.
• Dicey, when he was referring to this third aspect was of course, referring to the British
Constitution which is an unwritten Constitution and not to a written Constitution like the
Malaysian Constitution.
• In Malaysia, where there is a written Constitution, the Constitution itself provides that it is the
Constitution and not Parliament which is supreme.
• Article 4(1) of the Federal Constitution provides: This Constitution is the supreme law of the
Federation and any law passed after Merdeka Day which is inconsistent with this Constitution
shall, to the extent of the inconsistency, be void.
• Indications that shows the Supremacy of the Constitution in Malaysia:
1. Legislature may make laws only as authorized by the Constitution.

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2. Legislature may make laws only in the way prescribed by the Constitution
3. Legislature may make laws which are consistent with the Constitution otherwise they
are void.
4. A State Legislature may only make laws that are consistent with valid Federal laws
5. Judiciary is not free from control by the legislative and government as there will
always be the element of check and balance among these three branches of
government.
6. Judges and judicial department should decide based on the constitution and give
reasons for their decisions.

The Supremacy of Law vs. The rule of law

1. Rule of law means the ordinary law should be everywhere supreme and every person is
subject to the ordinary law courts.
2. Taken in its broadest sense this means that people should obey the law and be ruled by it.
3. But in political and legal theory it has come to be read in a narrow sense, that the government
shall be ruled by the law and be subject to it.
4. The ideal of the rule of law in this sense is often expressed by the phrase, government by law
and not by men.

Judiciary in Islamic System


 The judiciary called Qada is independent of the executive and is to adjudicate in strict
accordance with the Shariah.
 The Ulama convention stipulated in their suggested constitution that the judiciary shall be
separated from and independent of the executive so that it may not be influenced by the
executive in the discharge of its duties.
 Scholars are of the opinion that appointment of judges by the executive should not affect the
independence and impartiality of judiciary.
 The executive and judiciary are bounded by the same law and need no authorization from any
other institutions in the implementation of the Shariah.
 On the contrary, the scope of its adjudicative function is so wide as to include all organs and
functionaries of government.
 The chief executive, like everybody else is liable to be called upon appear in a court of law as
a plaintiff or a defendant.
 As Turabi argues, “He (the ruler) enjoys no special immunities and can, therefore, be
prosecuted or sued for anything he does in his private or public life. This is a fundamental
principle of Islamic constitutional law ensuing from the supremacy of the Shariah.
 Functions of judiciary: -
 Settlement of dispute
 Prevention of wrongful acts
 Issuing of declaratory judgments.
 Some modernist thinkers would not permit the judiciary to possess the power to judge the
constitutionality of the laws. Instead they would restrict the role of the judiciary to seeing that
the laws, as framed are carried out according to the intentions of the legislature.
 Hasan al-Turabi holds the contrary opinion and considers that the judges, as the guardians of
the Shariah, adjudicate in all matters of law.
 Another scholar, Sayyid Mawdudi argues that even though the judiciary did not exercise such
powers during the period of Khulafa Al-Rashidun, the lack of people of a very deep and true
insight in the Quran and the Sunnah makes it imperative to give the judiciary power to declare

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void and ultra vires of the constitution all laws and legislations enacted in contravention of the
Quran and the Sunnah.

Qadi is the magistrate or judge of the Shariʿa court

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Choose A or B
1. Judiciary is the ______________ branch of government.
A. First
B. Third

2. Its existence is to ________ the three major functions of government.


A. Separate
B. Combine

3. Among the roles of judiciary are


A. To create laws and to establish facts
B. To execute law and to uphold the constitution

4. How can you explain the judiciary is establishing facts?


A. The defendant will select who is going to become the witness
B. The judges listen to the witness and weigh the testimony

5. In what circumstances that judge make laws?


A. When a particular type of law is fully covered by the existing law
B. When a particular type of law is not fully covered by the existing law

6. What is injunction?
A. A ministry order, which requires parties to continue, or cease particular actions
B. A court order, which requires parties to continue, or cease particular actions

7. Below are among the indicators of the independence of judiciary, EXCEPT:


A. Judges at all levels have to be confident that they will not face consequences if they act
according to the government decisions
B. Judges are not free from outside pressure and interference

8. One way to ensure the independence of judiciary is


A. Appointment of the judges
B. Interview of the judges

9. There are three method to appoint judges that have been practiced all over the world. But in
Malaysia, judges are elected or appointed through
A. Election by legislature
B. Appointment by executive

10. In Malaysia, judges hold their office until


A. 66-year-old
B. 65-year-old

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11. The promotion of the judges is based on


A. Political belief
B. Seniority, ability and legal eminence

12. All judges‟ remuneration can be found at


A. Annual Budget
B. Judge Remuneration Act 1971

13. What is the highest court in Malaysia according to the court structure?
A. High Court
B. Federal Court

14. Session court only hear


A. All criminal cases except those punishable with death
B. Matrimonial cases, bankruptcy, company cases and guardianship of disabled persons

15. Syariah court is court for


A. Muslims only
B. All citizens that done offenses related to Islam

16. One of the principals of rule of law is


A. The laws are clear, publicized, stable and just; are applied evenly; and protect fundamental
rights, including the security of persons and property and certain core human rights
B. Justice is delivered not on time by incompetent, unethical and independent representatives

17. In Malaysia, which is the most supreme?


A. Parliament and YDPA
B. Constitution

18. Below are the indications that show the supremacy of constitution
A. Legislature can make laws more than what is authorized by the Constitution
B. Judges and judicial department should decide based on the constitution and give reasons for
their decisions

19. What is the implication if state legislature make laws that is inconsistent with Federal laws
A. The law shall be void
B. The law is valid

20. Rule of law means


A. Ordinary law should be everywhere supreme, and every person is subject to the ordinary law
courts
B. Not all laws should be publicized to the citizen

End of Question
YOUR SCORE:

/ 20

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Critical Thinking Questions

1. Why is it important to have judiciary that is independent?

_________________________________________________________________________________

2. Shariah court is only for Muslim. Why?

_______________________________________________________________________________

3. What is the highest court in Malaysia?

_______________________________________________________________________________

4. Court that settle employer and employee issue is

_________________________________________________________________________________

5. Why judiciary must safeguard the constitution?

_________________________________________________________________________________

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Explain any FOUR (4) functions of a judiciary (25 marks).

Introduction (3 marks)

_________________________________________________________________________________

_________________________________________________________________________________

______________________________________________________________________________

Point 1 (5 marks): _________________________________________________________________

Your elaboration here:

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

Your example here:

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

Point 2 (5 marks): _________________________________________________________________

Your elaboration here:

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

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Your example here:

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

Point 3 (5 marks): _________________________________________________________________

Your elaboration here:

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

Your example here:

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

Point 4 (5 marks): _________________________________________________________________

Your elaboration here:

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

Your example here:

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

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Conclusion (2 marks)
_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

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Topic 5: Political Parties

Chapter Outline

Please (X) when you have finished the lessons below:


Definition and functions
Origins of political parties
Classification of party systems
 Single-party system
 Two-party system
 Plural-party system / multiparty system
 Coalition/Alliance system

Definition of Political Parties


• Political parties are voluntary organisations that link the people and their government. Parties
recruit candidates and campaign to elect them to public office, and they mobilise people to
participate in selecting government leaders.
• A political party can be defined as an organised group of citizens who hold common views on
public questions and acting as a political unit seeks to obtain control of the government with a
view to further the programme and the policy which they profess ( A.C. Kapur, 1984).
• Political parties must have these elements:
1. A group of people with a certain degree of agreement on fundamental principles
(members)
2. The people holding similar views that are duly (properly) organised.
3. The members able to formulate a clear and specific programme to be placed before
the electorate to win their support and work out all possible means to maintain it.
4. The conformation to constitutional means to carry out their policies (e.g. elections and
legislatures).
5. The efforts to promote national interests (as distinguished from members of sub-
group or communal interests).
• Political parties also have several importance which are:
1. They provide the means which enable the machinery of the government working.
2. Political parties need to be continually operative to ensure the democratic
government to work effectively.
3. They are instruments for carrying on popular government by concentrating public
opinion. (e.g.: manifesto)
4. Political parties make the systematic representative government workable (joint a
large number of men for common idea.

Origins of Political Parties

 Political parties are created in the modern day. They emerged in the 19th century with the
expansion of democracy, with the extension of rights to vote and parliamentary power.
 The diagram below shows the origin of political parties.
FINAL EXAM
JAN 2019

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7.Penetration crisis

1.The development
6. Integration crisis of interest groups

THE ORIGIN OF
POLITICAL PARTIES
5. Religious and
communal 2. The growth of the
sentiments modern electorate

4.Environmental 3. Conflict of
effects economic interests

1. The development of interest groups – political parties began to emerge in the forms of
popular clubs, philosophical societies, parliamentary groups etc but not real parties.

2. The growth of the modern electorate – the emergence of political parties is associated with
the growth of democratic practices (i.e. when the right to vote became more extended and
multiplied) that make the organisation of political parties became necessary.

3. Conflict of economic interests i.e. differences in the possession of wealth and properties
are the vital forces that led to the formation of political parties.

4. Environmental effects i.e. influences imposed by individuals‟ background such as parents /


family, groups they joined etc

5. Religious and communal sentiments – Influenced by religious & ethnic affinities or


similarities. They were many political parties established based on religion and race. For
example, UMNO for Malays and PAS for Islam

6. Integration crisis – Political party when they have internal conflict and the former members
establish new political party after separating with old one, Semangat 46 against UMNO.

7. Penetration crisis – Happened when people form political parties to protect themselves from
external threats e.g. in Indonesia

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Functions of Political Parties

Viable opposition

Forming a A link between


government people and
government

FUNCTIONS OF
POLITICAL PARTIES

Aggregation of
interests
Mobilisation of voters

Political socialization

• As portrayed by the diagram above, political party has its unique functions.
1. A link between people and government – they perform the linkage function i.e.
provide link between the government and its people.
2. Aggregation of interests – they are coalition of interests (seek to widen the interests
they represent, harmonise the interests each other, help interests groups moderate
their demands, resolve interest group conflicts, cooperate and work for the good of
the party)
3. Political socialization – political parties teach political training to the ordinary voters,
teach their members to play the political game, help their members to improve their
political competence and as instruments for political recruitments for political
leaderships.
4. Mobilisation of voters – to mobilise / arouse the masses‟ interests and educate
them to vote on Election Day (through campaign and mass media).
5. Forming a government – political parties aim at capturing political powers; they try
their best to win majority support (during Elections) to form a government or remain in
power.
6. Viable opposition – political parties which win fewer seats will form the opposition
party to oppose the government (as a check and balance).
FINAL TEST
JUNE 2020
Classification of Political Parties (Party System)

• The party system makes democracy workable because it acts as mechanisms for securing a
change of government, promote legislative excellence, facilitate elections etc.
• Usually scholars classify party systems into:
1. No party system

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2. Single-party system
3. Two-party system (bi-party, dual party)
4. Multiple / multi (plural)-party system and;
5. Three-party system (as an addition)

No party system

• Although most countries possess political parties, some countries have none.
• For example, traditional monarchical systems (mostly Middle East and parts of Asia) have no
parties and rule on the basis of traditional ethnic ties (as reflected in Saudi Arabia and
Jordan).

Single Party System


• In this system, the party in power either dominates all other groups or suppresses all
opposition groups in the name of national unity and development. (Curtis, 1968).
• They are found mainly under totalitarian regimes (like Nazi Germany or Communist Russia),
usually after the opposition has been wiped out.

Beside picture shows the flag of Nazi party that govern


the German from 1933 till 1945. Nazi Germany means the
period in German history, when Germany was governed
by a dictatorship under the control of Adolf Hitler and the
Nazi Part.

• The then Soviet Union, China and many of the emerging nations of Africa and Asia are or
were one-party states.
• These are characterised by a single party that controls every level of government and is only
party legally allowed in the country.
• The leaders under this system claim that they represent what the people really want and need
and, therefore they are democrat. However, they do not allow fair elections or honest public
opinion poll to substantiate this claim.
• The leaders also claim that single party system is good because it does not allow the country
to become divided and disunited.
• This would also help the leaders to concentrate on the social, economic and political
developments of the country.
• However, single-party system is undemocratic. In it, people have no chance to express their
opinion, and they are expected to obey the rules and regulations promulgated (spread) by the
party in power.

Merits of Single-Party System


1. Ensure loyalty and discipline among party members
2. Ensure singleness of wills and singleness of actions
3. The domination of a party is assured
4. No conflict of authority or opinion between the ruling party and the government

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Demerits of Single-Party System FINAL EXAM


JUNE 2019
1. Opposition is not permitted to exist
2. No alternative government
3. No genuine choice among electors
4. The influence of people and political decisions is reduced to a minimum
5. Legislature and judiciary become functionless.

The Two-Party System


• A two-party system has two essential features:
1. Only two parties which share the major part of the electoral vote and exercise political
control
2. The two major parties alternate in the exercise of power
• The United States of America, Britain, Canada and New Zealand all have two major parties
with a fairly equal chance of winning and they alternate in the exercise of power.
• Although there may be third parties, such as the thet of Britain‟s Liberal Democrats, they
secure a limited number of seats, not enough to form a government to become the official
opposition.
• It has been argued that the two-party system provides stability to the government because it
is controlled by one party rather than a coalition of parties.
• The system is relatively simple and easier for the voters to elect from a limited number of
candidates and policies.
• It has also been claimed that the two-party system allows opposition to be stronger and hence
it could act as a check on the arbitrary exercise of power by the incumbent party.
• The system, however, has also attracted some criticisms.
• The two-party system, according to some scholars, may give rise to the dictatorship of the
cabinet. This is because legislature is controlled by one party which can discipline its rank and
file and can do whatever it wants.
• There are other scholars who point out that the two party-system limits people‟s choice. This
is against the principle of democracy which allows unfettered (unrestrained) freedom to the
people to express their views and to choose from a number of alternatives.

The United States has only two major political


parties: the Democrats and the Republicans.
These parties have a duopoly, meaning that
they share almost all the political power in the
country. Most democratic countries have more
than two parties.In recent election, Republicans
party has win the majority votes.

Merits of Two-party System


1. It ensures more permanent and stable cabinets
2. The political homogeneity makes them a well-organised and a responsible team workers.
3. It secures a real representative government – the system allows electors to choose the
government directly.

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4. It ensures careful attention by representatives – the clearly defined policies had been put
before the electorate at the time of the General Election.
5. It offers more well-defined programmes to the electors.

Demerits of Two-party System


1. Limited choices - the choice of people is reduced to a simple acceptance or rejection of the
whole political programmes of one of the parties.
2. Bi-party system has destroyed the prestige of the legislature and has given the rise of the
dictatorship of the cabinet.
3. It divides the political life into two parties and denies the representation to many interests.
4. It creates strong party prejudices.
5. Extreme rigidity and discipline discount free expression of opinion and encourages spoils
system.

The Multiparty System


• It is a system in which no party is able to obtain the majority in the legislature to enable it to
form a government.
• There are three or more parties competing in the elections, they win seats in legislature, and
form coalitions among themselves to form a government.
• The parties in competition vary in size and support base.
• In France, the number of organised parties varies from 17 to 20. Spain has up to 55
organised parties taking part in elections whenever they are held.
• The multi-party system is advocated by many because it provides the people with greater
liberty to express their views on public affairs.
• The greater the number of parties the greater possibility of marketing different ideas and
viewpoints.
• The multi-party system also saves country from the possible tyranny of either absolute one-
party government or the tyranny of cabinet in a two-party system.
• However, this system is often criticised as being unstable and hence do not permit continuity
of policy.
• Italy has many parties and has not been able to keep any government in power for a long
time.
• The Netherlands, Sweden and Norway generally manage to construct stable multiparty
coalitions that govern effectively.
• Based on the example above, we can conclude that the number of parties is not the only
reason for cabinet instability. Much depends on the political culture, the degree of agreement
on basic issues, and the rules for forming and dissolving a cabinet.

Merits of Multi-party system


1. It provides greater elasticity and mobility.
2. It gives an opportunity to various opinion groups to organise themselves.
3. It allows free expression of opinion (through political parties).
4. It ensures every kind of opinion to get due representation
5. It allows people to associate and organise without a serious compromise on principles.

Demerits of Multi-party system

1. No one party is sufficiently representative of the nation as a whole to form a government.

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2. The combination of heterogeneous political elements may weaken the coalition government.
3. It may lead to the establishment of weak and unstable government.
4. The electors normally vote for personalities, not for the programmes – they do not even know
who will form the government.
5. The life of the government is uncertain and short – cause difficulties to obtain the objectives of
policies.

Parti Sosialis Malaysia


Parti Islam SeMalaysia Parti Amanah Negara Barisan Nasional
PSM
PAS PAN BN

Parti Keadilan Rakyat Parti Warisan Sabah Parti Pribumi Bersatu Democratic Action Party
PKR Warisan Malaysia PBBM DAP

Among the political parties that exist in Malaysia

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Choose A or B

1. Choose which one below that could be associated with political party
A. The members hold similar view
B. Formulate programme if only they win general election

2. What is the importance of political party to the government?


A. To make the systematic representative government workable
B. To support their own candidate

3. One of the origins of political party is the growth of the modern electorate. Choose statement that
best describe on this factor
A. Modern electorate is influenced by the communication technology and globalization
B. Modern electorate influences by parents and families

4. Choose CORRECT match


A. UMNO – for Malays only
B. DAP – for Chinese only

5. What are the functions of political parties?


A. To disconnect between people and government
B. To mobilize voters

6. Political party can form government when


A. They win election
B. They win state election

7. What it is important to have viable opposition?


A. So that there will be check and balance to the ruling government
B. So that the opposition will get ready to assume position as government

8. There are a few classifications of party system. System that practices in Malaysia is
A. Two-party system
B. Multi-party system

9. Country that practice one-party system is


A. United States of America
B. Jordan

10. One of the advantages of single-party system is


A. The domination of part is assured
B. Opposition is not permitted to exist

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11. Among countries that practice two-party system are


A. Canada and New Zealand
B. Malaysia and Brunei Darussalam

12. What is the merit of two-party system?


A. More permanent and stable cabinets
B. Limited choice

13. One of the demerits of two-party system is it is limited choice. What the problem brought by
limited choice?
A. People must choose between these two parties only
B. Choices are open

14. What is the meaning of multi-party system?


A. Only two party compete with each other in election
B. A system in which no party is able to obtain the majority in the legislature to enable it to form
a government

15. Multi-party system provides greater elasticity and mobility because


A. People do not have choice
B. People have many choices and can change their preferences

16. Why multi-party system allows free expression of opinion?


A. Because the opinion of people is confined according to the political party
B. Because it allows various opinion from various parties

17. What is the demerit of multi-party system?


A. May lead to the establishment of weak and unstable government
B. The life of ruling government is more certain and permanent

18. Choose one political party in Malaysia


A. Republican
B. National Front

19. Which is current ruling party of Malaysia


A. Pakatan Harapan
B. Barisan Nasional

20. One of the component parties of Pakatan Harapan is


A. Parti Amanah Negara (PAN)
B. Parti Islam SeMalaysia (PAS)

End of Question

YOUR SCORE:

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Critical Thinking Questions

1. Political party is important in a political system because

__________________________________________________________________________

2. Viable opposition party means

__________________________________________________________________________

3. Can you give examples of countries that practice two-party system?


1. ___________________________________________________

2. ___________________________________________________

3. ___________________________________________________

4. Which party system that is similar with autocratic system? Why?

_____________________________________________________________________________

_____________________________________________________________________________

5. What is your favourite political party in Malaysia and why?

_____________________________________________________________________________

_____________________________________________________________________________

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Discuss FOUR (4) disadvantages of One-Party System (10 marks).

Point 1 (5 marks): _________________________________________________________________

Your elaboration here:

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

Your example here:

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

Point 2 (5 marks): _________________________________________________________________

Your elaboration here:

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

Your example here:

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

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Chapter 6: Interest or Pressure Group

Please (X) when you have finished the lessons below:


Definition
Functions
Differences between political parties and pressure groups
Types of Interest and pressure groups
Methods used by pressure groups to gain influence

Introduction
 The political area is not complete without the existence of interest or pressure groups. They
are part and parcel of democracy.
 Even though this group does not seek to obtain power in government, their voice is vital for
the development of the society.
 Among the pressure groups that are active and influential in Malaysia are:

Examples of Pressure/ Interest Group Focus


CUEPACS Civil Servants

CAP Consumer

SAM Environment

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Definition of Pressure/ Interest Group


 Both the terms „pressure group‟ or „interest group‟ are interchangeably used in political
science. They essentially carry the same meaning.
 Below are the definitions of the pressure group:

Any organised groups which attempt to influence Government decisions without seeking
itself to exercise the formal powers of government. (Moodie)

A pressure group is collective individuals whose members want to influence laws

A pressure group is any organised group that does not seek power / government but
look to influence government policy.

Pressure groups (also called interest groups) are organisations that seek to influence
government decision-makers to adopt policies to benefit their members. ” e.g. trade
unions

 The aim of the pressure or interest group is to affect the decisions of those in power which is
the ruling government.
 Illustration below shows on how government make decision. The input comes from many
sources. One of them is from the voice of pressure group.

Rakyat
Pressure
Group

Political
Parties

Government
Decision

Functions of Pressure/ Interest Group (by Rashid Moten)


1. Mechanism for political representation
- The people‟s interests are well represented in a political system in an organised way.
- Apart from political parties, pressure group can represent the voice and needs of the
people.

2. Allows the political process to be more responsive.


- The government knows that its policies will have an impact on active or concerned
groups who can create bad publicity for ruling elites.

3. As mediator
- Pressure group provides a useful link between the people and the government.
- Therefore, this will help the administrators (executive) or legislators to secure
information on facts and attitudes.

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- Any democratic government would like to know and assess the reactions of its policy
or programme.
- It helps the government to get the information, or inputs from the groups before
making any decisions.

4. Support or as supplement to the government agencies


- Many pressure groups helps the government agencies in exercising their functions.
- For example, Malaysian Medical Association (MMA) conducts research on serious
diseases like cancer, AIDS, diabetes, and the research output help the government to
adopt the right public policies.

5. Strengthen the voice of the people.


- Each citizen may be weak as an individual.
- It may difficult to put in his/her demands or grievances, but through an association,
individuals become strong.
- Organizing themselves in a group will ease them to channel their voice and will get
more government attention.

6. Prevents concentration of power


- Interest group forces the government to remain a constitutional government.
- It means that the pressure group does not want the government has vast power and
neglect the needs of the people.
FINAL EXAM
Differences between political parties and pressure groups DEC 2019

 Pressure or interest group and political party seem similar as both of them grouped the
individuals that hold similar view in one team.
 Actually, there are many differences between them.
 Political parties seek political power and are consequently accountable to the people while
pressure groups do not compete in national elections for political power.
 Political parties deal with national issues (wider issues) while interest groups are concerned
with sectional (narrower) interests.
 Obviously, the organisation of a political party is huge, while the organisation of a pressure
group is narrow or smaller.

Interest Group Political Party

Differences between Political Parties and Pressure Groups by Roskin


Aspect of Political Parties Pressure Group
Differences
1)Goals - To acquire power through - Concerned with a specific
elections programmes and issues
- Rarely represented in the formal

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structure of the government


- Try to win the favour of political
parties
- E.g. In US, environmentalists want
the support of both Republicans and
Democrats in their fight to minimise
ecological damage
- BN, PAS & PH contested in GE 14 - CUEPACS tried to influence ruling
government on issues pertaining to
civil servant wages and salary
2)Nature of - Have huge membership - Have more selective membership
Membership People in all income level and - They may be have similar
occupations. characteristics (same living and
working conditions, same education
and culture background
PKR has members of various races - CUEPACS can be joined by civil
and religion servants only.
3)Number - Number of political parties must be - No limit number for pressure group
limited. - They can be created according to the
- Even in the multiparty system, all interest of the people
the parties can usually not more than
40 in a country.
- There are 31 political parties that - There are thousands of association in
are registered with Suruhanjaya Malaysia based on religion, sports,
Pilihanraya Malaysia gender, entertainment, occupation
and many more
*4)Issue The issue focus by political party is - The issue focus by pressure group is
wider as they represent national narrower or smaller as they represent
interest narrower section of individuals
- BN focuses on national issue on - Sahabat Alam Malaysia (SAM)
politics, economic and social of focuses only on the environment
the country. matter of the country.
*5)Example PAS, UMNO, PKR, UPKO, PAN, - Angkatan Belia Islam Malaysia
PBBM (ABIM), Gabungan Penulis Muda
Kelantan, Pahang FA.

Types of Interest and pressure groups


 The most commonly accepted classification of pressure group was developed by Gabriel
Almond that applies to both democratic and non-democratic societies.
 These are:
i. Associational pressure groups
FINAL EXAM
ii. Non-associational pressure groups DEC 2019
FINAL TEST
FINAL EXAM JUNE 2020
iii. Institutional pressure groups JAN 2019
iv. Anomic pressure groups

1. Associational pressure groups


- These groups have distinctive name, national headquarters, and professional
employees and use effective procedures for pursuing their interests.
- They include business, industrial, and trade associations, labour unions, professional
associations, farmers groups and etc.
- The number of associational groups is more and more in every country.
- Nowadays they are active participants in the political process and play an effective
role in bringing changes in public policies.
- Example of the associational groups Malaysian National Council of Women‟s
Organisations and Consumers Association (FOMCA)

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2. Non – Associational pressure groups


- These groups do not have a name or lack of formal structures.
- However, they are aware of their own distinctiveness from others because they
possess similar characteristics and interests.
- They have a feeling of their own identity.
- But, they reflect largely unarticulated social ethnic, cultural or religious interest. The
best examples of these groups are unemployed individuals, members of particular
religious or ethnic groups or normative groups of all non-smokers.
- Example: Senior Citizens Associations.

3. Institutional Pressure Groups


- They exist within the government.
- It has specific functions and activities and always being monitored by government.
- They are well establishment, such as government bureaucracies, members of armed
forces, members of Parliament,.
- They have vested interest and they lobby from the inside, often out public sight.
- The purpose of this pressure group is to implement and to execute government
policies, to become the centre for public meeting as well as to act upon certain
matters in relations to nation development
- Example: Public Service Department (PSD), States Economic Development
Corporation (Perbadanan Kemajuan Negeri)

4. Anomic Pressure Group

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- Born when people strongly oppose specific policies. ANOMIE: means a sense of
separation from social norms. E.g. without any pre-planning or organization when the
people want to show their disappointment about a particular government policy that
groups of people is called anomic pressure groups, in United States, the nation-wide
demonstrations against the VIETNAM WAR in 1960s or against the IRAQ WAR in
2002.
- In Malaysia, the formation of UMNO during opposition of Malayan Union by British.
UMNO later become political party.

FINAL EXAM
JUNE 2019

Methods used by pressure groups to gain influence


1. Approaching judiciary – through „class „action or „ friend of the court „ esp. when the court is
supreme.
2. Demonstration / picketing – expressing grievances, supports or protests openly by public
rallies.
3. Riots – violent protests (a disturbance / chaos made by an unruly mob)
4. Money -through personal contacts with them, supplying research or bribery (monetary
supplies).
5. Issues - by influencing members of Parliament / Congress e.g. David Steel 1967 Abortion Act
(Steel was helped by the pro-abortion pressure groups).
6. Lobbying - using a professional lobbyist in Legislatures to put their views across e.g. the
National Farmers Union used a professional lobbyist in the Parliament. lobbying technique
especially in the country where Parliament is supreme like in the U.K.
7. Supporting political candidates - become supporters to the parties that are in line with their
objectives e.g. labour unions support Labour Party
8. Propaganda
9. Bargaining

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Choose A or B
1. Choose correct match:
A. CUEPACS – Environment
B. CAP – Consumer

2. Choose best statement to define pressure group.


A. Want to influence government to get position
B. Influence government policy without seeking power

3. Government may make decision after getting input from:


A. Animal
B. Opposition parties

4. One of the functions of pressure group is as mechanism for political representation. Choose one
situation that best describe this function
A. Sahabat Alam Malaysia represent the importance of environment and nature in Malaysia
B. Malaysian Medical Association conducts research on serious diseases

5. Why it is said that pressure group will make the political process to be more responsive?
A. Because government will respond if pressure group “make some noise”
B. Because the voice of interest group is not significant

6. Why pressure group can strengthen the voice of people


A. Each citizen may be weak as an individual
B. Pressure group does not want the government has vast power and neglect the needs of
people

7. Pressure group has _______ issues as compared to political party does.


A. Wider
B. Narrower

8. What is the goal of political party as compared to pressure group?


A. Political party want to win general election while pressure group wants to win general
election
B. Political party want to acquire power as government while pressure group only concerned
with specific issues

9. What is the difference between political party and interest group in terms of their membership?
A. Membership of political parties is bigger as compared to interest group
B. Membership of interest group is bigger as compared to political party

10. Choose correct example

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A. Political party – ABIM and UMNO


B. Interest group – Pahang FA and Gabungan Penulis Muda Kelantan

11. There are ___ types of pressure group. One of the is _____________
A. 3, Anomic Pressure group
B. 4, Associational Pressure group

12. Example of Associational Pressure Group is


A. Senior Citizen
B. Consumer Association (FOMCA)

13. Non-associational pressure group does not have


A. Formal structures
B. Members

14. Institutional pressure groups lobby the government


A. Out of public side
B. Openly and public knows

15. Anomic pressure group originated from


A. When people disagree with opposition parties
B. When people strongly oppose specific policies

16. One of the methods used by NGOs to gain influence by demonstration. Explain
A. To express their feeling to the public
B. A violent protest to show hatred to government

17. Money can be used by two ways; positive or negative. The negative way is
A. Supplying research
B. Bribing

18. What is the benefit gain if the pressure supports political candidates?
A. The political candidates may bring their issues in campaign
B. The political candidates may become their members

19. What is propaganda?


A. Information, especially of a biased or misleading nature, used to promote a political cause
or point of view.
B. Thing that is known to be consistent with objective reality and can be proven to be true with
evidence.
20. Bargaining is
A. negotiate the terms and conditions
B. the expression of disapproval of or objection to something

End of Question YOUR SCORE:

/ 20

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Critical Thinking Questions


1. Define pressure group.
_________________________________________________________________________________

_________________________________________________________________

2. Explain the FOUR (4) types of pressure group

i.________________________________________________________________________

ii.________________________________________________________________________

iii.________________________________________________________________________

iv._______________________________________________________________________

3. Identify any TWO (2) functions of a pressure group.

i. ___________________________________________________________________

ii. ___________________________________________________________________

4. Identify any FOUR (4) strategies used by pressure group to achieve their goals.

i. ________________________________________________________________

ii. ________________________________________________________________

iii. ________________________________________________________________

iv. ________________________________________________________________

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Identify TWO (2) strategies taken by pressure group to influence policy makers (10 marks).

Point 1 (5 marks): _________________________________________________________________

Your elaboration here:

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

Your example here:

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

Point 2 (5 marks): _________________________________________________________________

Your elaboration here:

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

Your example here:

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

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Chapter 7: The Election System

Chapter Outline

Please (X) when you have finished the lessons below:


Definition of Election
Theories of Franchise
 Limited Franchise
 Universal Franchise
Factors which influence voter behaviour
Defining electoral areas
 Single – member constituency
 Multiple – member constituency
Process of election in Malaysia
Election Commission of Malaysia (SPR)

Introduction
 In a representative democracy/indirect democracy (remember PAD120, Chapter 7), ordinary
citizens do not govern but they choose those who do.
 Election word itself derived from the Latin verb “eligere” that carry meaning of to pick out, to
choose.
 Elections in Malaysia exist at two levels: federal level and state level.
 Federal level elections are those for membership in the Dewan Rakyat, the lower house
of Parliament,
 While state level elections are for membership in the various State Legislative Assemblies
(Dewan Undangan Negeri; DUN).
 The heads of executive branch at both the federal and state levels, the Prime
Minister and Menteri Besar/Chief Ministers respectively, are indirectly elected, usually filled by
a member of the majority party/coalition in the respective legislatures.
 In this chapter we are going to learn about the election system, the pillar of democracy.

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Definition of Election (and voters)


 Below are among the definition of election:

Election is an organised process in which people choose a person, to a position


of public importance such as presidency, or a group of people to represent them
in national or state assemblies (S.S. Islam & A.R. Moten).

Elections are the primary way of achieving popular goals and of orderly change in
the personnel who run the administration.

 This process involves the following:


1) the act of selecting someone or something;
2) the exercise of deliberate choice;
3) casting votes to select the winner of a position or political office
4) can be held in many settings from students‟ unions to corporate office or national polling

Voters
 Voters can be defined as people or citizens who enjoy the rights to elect their representatives
or who has a legal right to vote.
 They exercise the power of voting and periodically elect their representatives.
 They are small fraction of the whole population.
 The entire body of voters or electors is known as electorate (the whole population minus
those (at any time) are denied the right to vote).

FINAL EXAM
Functions of Election JAN 2019
1. The means/method to decide governments accountable to the governed
- The election decide who will govern
- If they govern poorly, then they will be removed from positions of power in the next
election.
- Competition between parties forces them to respond to the views of the FINAL EXAM
electors/voters. DEC 2019

2. The means to choose those who will guide and direct affairs of government
- Whoever win the election, then they will direct the government and policy for the
people
3. To provide legitimacy to the government
- The winning in election shows that the particular party is legal to rule
- Opposite to the coup de etat (overthrown the power by illegal means)
4. To give power to the people to choose their leader
- Election is the only venue that give right to the people to choose freely who they want
as leader.
- Their vote is their voce.
5. To mobilize/ change the destiny of a state
- Election can make a difference to the country future.
- Choosing a good leader and topple down a bad government will change the fate of a
country.
FINAL EXAM
JUNE 2019

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Theories of Franchise
 Franchise refers to the rights to vote granted to citizens by the State in a country.
 Franchise deals with the question who can vote.
 Below is the comparison of suffrage in year 1776 and 2011. What do you think?

 One of the most difficult problems of democracy is what should be the true basis of franchise?
 Two prominent schools of thought or theories:
2) Limited franchise
3) Universal franchise
Limited Franchise
 This school was led by Bluntschli, Lecky, J.S. Mills and Sir Henry Maine which against the
idea of universal suffrage.
 Idea :
1. It is suggested that all citizens of the State should not possess the right to vote
2. Franchise was not an inherent right of a citizen. It was a right which was conferred by
the State and should not grant to all.
3. It was a sacred right which required an informal exercise of judgment in the election
of representatives.
4. To extend it to the unenlightened and ignorant masses was to invite dark days for
democracy.

During ancient Greek, female were not allow to vote. Why? Can you think one reason?
______________________________________________________________________________

Universal Franchise
 This school emerged in the eighteenth century – i.e. when the doctrines of natural rights,
equality of men, and popular sovereignty were favourite themes of every political thinker.

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 Idea/ viewpoints on limited franchise are:


1. Sovereignty ultimately resided in the people and it was the right of every citizen to
vote and participate in the determination of the policy of government.
2. Democracy postulated equality of men and political equality could be assured only
when all citizens were granted the right to vote.
3. To safeguard and represent the interests of all elements of population, it was
essential that everyone must possess the right to have his / her opinion counted in
the final decision of public affairs.
 The modern view in regard to the nature of suffrage:
- Universal suffrage admitted that universal suffrage meant universal adult suffrage
(male and female).
- Thus, it may not grant the suffrage to those who are not capable to make decision
such as minor, lunatics and the aliens.
- Suffrage is conferred by the State upon only such persons as are believed to be most
capable of exercising it for the public good and not a natural right which belongs
without distinction to all citizens of the State --depends on the State‟s electoral laws.
- Basic requirement:
i. citizenship
ii. age
iii. residence
iv. registration
- Example: Malaysia
 Groups had always been excluded from the right to vote are (voting exclusion):
i. The minor (below 18 years old)

ii. The lunatics or idiot (unsound mind)


iii. The aliens (not the citizen)
iv. The criminals in confinement etc. (prisoner)

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Factors which influence voter behaviour

 Why do people vote the way they do?


 Some factors are related to the voters and some are related to the candidates or parties.
1. Sociological factors – ethical values, civic duty, social pressures, parental influence etc
2. Demographic factors – gender, age, residence etc
3. Religion and ethnic background – people tend to vote parties or candidates from the same
religion or ethnic group
4. Social class, income, and occupation - United States: Republican:-Upper and middle
classes go for the GOP (Grand old Party-anti- slavery expansion activist); Democrat:- Lower
classes go for Democrats; Unions vote Democrat, while professionals and business people
support the Republicans.
5. The candidates - the impression a particular candidate makes on the voters can have an
impact on their preferences.
6. Psychological factors - what is in the mind of the voters: their perceptions of parties,
candidates, and issues

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This picture indicates how the perception of voters to the political party can be influenced by the social
media like Facebook, Whatsapp, Instagram Tweeter and many more.

7. Mass Media
- Functions of media
i. Entertaining: Stimulate discussion of important issues by presenting them in dramatic form
ii. Reporting the news: a primary function of the media in a democratic society
iii.Identifying public problems: a crucial role that helps to set the public agenda
iv. Socializing new generations: the content of media, particularly television, offers children
and immigrants a view of the basic (American and others) values
v. Providing a political forum: offers citizens a way to participate in the public debate
vi. Making profits: the various media are privately owned businesses. This makes for a
complex relationship and balance among public opinion, government, and the media.

In Malaysia, people use these platforms in receiving the information including political matters.

Defining electoral areas


 There are ways on how electoral areas are defined which are:
1. Single-member constituency
2. Multiple-member constituency
 Constituency: Tempat mengundi
Single-member constituency
 A single-member district is a constituency, or electoral district, with just a single elected
representative.
 In other words, only one person, such as a congressman, represents the people living in a
single-member district.
 Most of the time, this person will have been elected via the first-past-the-post electoral
system.
 Often, this will mean that the representative is elected without an absolute majority of the
public vote.
 MAJORITY SYSTEM electoral formula usually used in single-member constituency according
to which the candidate who receives the majority of votes cast is elected.

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 There are two options: absolute majority (the candidate who obtained 50%+1 of votes cast is
elected) or simple majority or plurality (the candidate who obtained the largest number of
votes cast is elected)
 This kind of electoral system is referred to as a "single-member plurality" or a "first past the
post" system.
 This sort of electoral systems are used in Canada, the United States, New Zealand, Malaysia
and the United Kingdom.

Multiple-member constituency
 A multi-member electoral district (MMD) is an electoral district electing more than one
representative to office.
 All proportional representation (PR) systems use MMDs, simply because it is impossible to
distribute anything proportionally if there is only one seat.
 In proportional systems, the simple rule is that the larger the district size the more proportional
the system.
 Other systems using MMDs are Block Vote, Party Block Vote, Mixed Member Proportional
systems and Parallel systems.
 PR systems are specifically designed to allocate seats in proportion to votes, in the hope that
assemblies and governments will accurately reflect the preferences of the electorate.
 In other words, PR a family of electoral systems, where the seats are allocated on
proportional basis according to the number of votes cast for each candidate or political party.
 It includes Party List PR, Single Transferable Vote, and Mixed Member Proportional
 PR systems are now the most frequently used electoral systems in western democracies
 Under PR, political parties are assigned a number of seats in parliament corresponding to the
degree of support they have received in a given electoral district.
 Of necessity, this arrangement dictates that all PR systems rely on multi-member districts.
 PR systems are of two basic types:
i. Party List Systems and
ii. Single Transferable Vote (STV) Systems.
In Malaysia, one district can be represented by one representative only

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Constituencies at Kelantan State

Process of election in Malaysia


Step 1: Writ and notice of election
 As soon as Parliament is dissolved, the Election Commission (EC) issues a writ to the
returning officers of the various constituencies authorising them to conduct elections in their
respective areas.
 At the same time, a notice of election is posted in various places for public viewing. This
notice contains the nomination date and the dates for early voting and regular voting.

Step 2: Nomination
 A date is also set for candidates to present nomination papers to their respective returning
officers. In the case of GE13, they must do so between 9am and 10am tomorrow.
 Every candidate must pay a deposit of RM10,000 for a parliamentary seat or RM5,000 for a
state seat. The deposit is confiscated if a candidate fails to garner one eighth of the total
number of votes cast in the constituency he is contesting.
 The returning officers must ensure that nomination forms are complete and that candidates
are eligible to contest. A candidate is disqualified if he is a bankrupt, is of unsound mind or is
not a citizen of Malaysia. If only one candidate is eligible to contest in a constituency, the
returning officer will announce his uncontested win.

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 For the first time in Malaysian history, there is no grace period for candidates to object to the
candidacy of their rivals on the ground of their failure to fulfil eligibility criteria. Objections must
be raised during the nomination process.
 The EC also forbids any candidate from withdrawing from his contest once his nomination is
accepted. Previously, candidates were allowed to pull out from contesting within three days
after nomination day.
 The returning officer will announce the names of the eligible candidates after 10am.

Step 3: Campaigning Period


 The campaigning period begins as soon as the nomination process is complete and ends at
midnight before polling day. A candidate for Parliament may spend a maximum of RM200,000
on campaigning and a state assembly candidates is allowed up to RM100,000.
 A task force set up by the EC will monitor the conduct of campaigns to ensure that candidates
comply with the rules. It can, for instance, remove campaign materials that do not comply with
the law and stop illegal forums with police help.

Step 4: Polling
 A date for advance polling has been introduced for GE13. Police and military personnel will
cast their ballots on April 30 at their stations or camps before 7pm. The ballot boxes will be
locked away in secure locations until the regular polling day, when they will be tallied with the
regular votes.
 On May 5, voting will begin at 8am.
 The EC officer handing out ballot papers will first check a voter‟s identity card against the list
of registered voters at the station and then examine the index finger of his left hand to ensure
that it has not been marked by indelible ink.
 A second officer will then mark the voters‟ left index finger. A third officer will tick off the
voter‟s name on his list and hand him his ballot papers – one for him to choose his member of
parliament and the other for him to elect his state assembly representative.
 The voter will proceed to the voting booth, make his choices and then deposit the ballots in
the appropriate boxes. The entire process will be observed by election officials and the agents
of contesting candidates.
 The polling centres will close at 5 p.m

Step 5: Ballot Counting


 Once polling closes, the presiding officer will tally the ballots. He will ensure that the number
of ballot papers received by the station at the beginning of the day equals the sum of papers
given to voters and the number unused.
 Ballots with ambiguous and unclear markings will be set aside. After the other votes are
counted, the officers will go through the ambiguous votes to determine if they can be
accepted. Forms showing the tally of ballots will be brought to the vote-tallying centre, where
the returning officer will announce the result for each polling station.

Step 6: Announcement of results


 The returning officer for each constituency will declare the winner.
 Any candidate who is not satisfied with the announced result can make a petition with Election
Court.

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Election Commission of Malaysia (SPR)


 This institution was firstly formed on 4th September 1957 through Articles 113 and 114 of the
Constitution of the Federation of Malaya.
 It provided for the appointment of a Chairman and three members.
 In 1981, Article 114 of the Federal Constitution was amended to provide for the appointment
of a Deputy Chairman.
Formation
 Article 114(1) – the Commission shall be constituted by the King (YDPA) after consulting the
Conference of Rulers.
 The King acts upon the advice of the Prime Minister (and the sitting members of his cabinet).
 This implies the relations between the Commission and the sitting government – that led to
the question on the Commission‟s independence.
Members of the Commission
 Members are appointed through Article 114(2).
 Three principal members:
- Chairman
- Deputy Chairman
- Three other members
 Terms of service:
- Members shall hold office until they reach the age of 65
- They may resign by writing to the King
- They may not be removed from their office but,
- They may be removed under condition similar in manner to remove a judge of the
Federal or High Courts.

FINAL TEST
Weakness of Election Commission
JUNE 2020

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Choose A or B
1. Election exist at two levels which are
A. National level and international level
B. National level and state level

2. Federal level election winner will become the member of


A. Dewan Rakyat of Parliament
B. Dewan Negara of Parliament

3. Menteri Besar and Ketua Menteri must bring his party to win
A. Federal Election
B. State Election

4. What is election?
A. Where government is formed
B. Where people choose their own representatives

5. Example of setting where election can be done


A. Choosing student representative
B. Choosing lecturers who is going to teach you for the semester

6. Voter is
A. Who has right to enjoy the act of voting
B. Who has no privilege to become voter

7. One of the functions of election is to decide government accountable to the people. This means
A. Who won election will become opposition
B. Who won election will guide and direct affairs of government

8. What is the meaning of “provide legitimacy to the ruling government”?


A. Competition between parties forces them to respond to the view of electors
B. The winning in election shows that the particular party is legal to rule

9. How can election change the destiny of the state?


A. Choosing a good leader and topple down a bad government will change the fate of
government.
B. Election makes no difference to the future a country

10. In limited franchise, the right to vote granted is very limited. Among groups that was not allowed to
vote was:
A. Illiterate
B. Male

11. Below are the viewpoints on why limited franchise were introduced

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A. Ignorant masses should not allow to vote because it will lead to wrong choice
B. Voting is right that must be conferred right after we reach certain age. Eg. 18

12. Why Universal Franchise must be practised?


A. Because not all knows about politics and doesn‟t care about it
B. Because it is right of every citizen to vote and participate in the determination of the policy of
government

13. Groups that always been excluded from right to vote are:
A. The minor and lunatics
B. The career woman and citizen

14. Demographic factors are one of the factors that influence voters‟ behaviour. Explain.
A. Younger voter demand is different from senior citizen demand
B. Parental influence gives great impact on their votes

15. People tend to vote parties or candidates from the same religion and ethnic group. Choose
correct example to illustrate this factor:
A. Muslims will vote for Parti Islam SeMalaysia (PAS)
B. Non-Malays will vote for UMNO

16. The picture below shows that ________________ is the factor that influence the voter

A. Candidates
B. Mass media

17. What is the function of mass media in influencing voters?


A. Providing political forum
B. Hide information

18. What was the most active social media platforms in 2017?
A. Facebook
B. Youtube

19. What is the meaning of constituency? YOUR SCORE:


A. Where the voters vote
B. When the voters vote
/ 20
20. How many Federal Constituencies that Kelantan has?
A. 14
B. 45

End of Question

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Final Exam Questions


October 2016

a) Describe the TWO (2) theories of Franchise.

i.________________________________________________________________________________

ii. _______________________________________________________________________________

b) Identify any THREE (3) factors that shape voters‟ behaviour.

i.________________________________________________________________________________

ii. _______________________________________________________________________________

iii._______________________________________________________________________________

March 2015

Discuss any FOUR (4) groups of people who are excluded from the right to vote.

i.________________________________________________________________________________

ii. _______________________________________________________________________________

iii._______________________________________________________________________________

iv.______________________________________________________________________________

March 2014

b) Explain any THREE (3) functions of election in a democratic country.

i.________________________________________________________________________________

ii. _______________________________________________________________________________

iii._______________________________________________________________________________

March 2013

Distinguish Universal Franchise from Limited Franchise.

Aspect of Universal Franchise Limited Franchise


differences

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Elaborate TWO (2) functions of an election.

Point 1 (5 marks): _________________________________________________________________

Your elaboration here:

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

Your example here:

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

Point 2 (5 marks): _________________________________________________________________

Your elaboration here:

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

Your example here:

_________________________________________________________________________________

_________________________________________________________________________________

_____________________________________________________________________________

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Chapter 8: Foreign Policy

Chapter Outline

Introduction
Definition of foreign policy
How to study foreign policy: Approach.
- The systemic level
- The nation-state level
- Level of individual decision maker
Instrument of foreign policy
Malaysian Foreign policy

Introduction
1. The exposition of national power is reflected in the foreign policy of a state.
2. No nation can survive today without having developed foreign relations with other countries of
the world.
3. This leads to the formulation of foreign policy.

Definition of Foreign Policy


According to Roseanau,

“Foreign policy is a set of administrative decisions taken in the name of the state that are
intended to achieve certain goals in international arena. In other words, foreign in
foreign policy applies to anything beyond the legal boundaries of a particular state and
policy is defined as a guide to action intended to realise the goals a state has set for
itself.”

Objectives and Goals of Foreign Policy


1. In contemporary times, foreign policy goals fall into three categories which are:
a) Core Objectives
- Self-preservation of a political unit
- To defend the neighbouring countries
- To defend the strategic and vitally important areas
- To support own ethnic, linguistic and religious groups in the globe
b) Middle Range Objectives
- Improvement of economic situastions

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- Increasing national prestige (e.g. industrial development and territorial expansion


- Self-extension achieved through occupying a territory or seeking entry into the
procurement of raw materials of another country
c) Long Range Objectives
- To maintain ideological solidarity
- To support arms control
- To establish a New Economic Order

Factors of Foreign Policy


1. Any state may choose below types of foreign policy:
a) Isolation or
- The policy of isolation is determined by the low level of involvement in most
international issues, thus creating low level of diplomatic and commercial transaction
- Countries which do not perceive any threat follow the policy of isolation
- They are self-sufficient and protected by geographical barriers
b) Non-alignment or
- Countries which pursue a policy of non-alignment are not self-sufficient and depen on
foreign aid or assistance
c) Coalition/ Alliances
- Countries which share common economic values, are self-sufficient and conceive a
common threat or insecurity, usually form alliances or coalitions
- E.g. In the Cold War Period, the U.S formed a coalition with the Western European
Countries, while the former Soviet Union established alliances with Eastern European
Communist countries.
- However, the alliances could break down whenever there is a conflict of interest
among the coalition partners.

2. There are a few factors that influence the choice of the above policies which are:
a) Structure of the international system or the position of the state in the international
system
b) The economic needs of the state, in terms of raw materials, etc
c) A perceived threat
d) The geographic location of the country
e) Leadership

Formulation and Execution of Foreign Policy


1. In general, there are 3 types of foreign policy decisions made by a state:
a) Pragmatic decisions
- Which is the result of long-range detailed information
b) Crisis decisions
- Which are made during the times of great threat
c) Tactical decisions
- Which lead to change in pragmatic decision
2. There are 5 variables/ factors which determine foreign policy decisions

Idiosyncratic
- Implies the individual perception of the top decision-maker
- Usually attends to crisis decisions

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Role
- Signifies the role of office bearers, the government and allying forces.
- This variable normally attends to pragmatic decisions

Bureaucratic
- Bureaucrat is primarily the intelligence department or members of the Ministry of
Foreign Affairs.
- This variable also attends to pragmatic decisions

National
- National refers to a vast number of national attributes that influence foreign-policy
outcomes,
- This variable contributes to both pragmatic and tactical decision.

Systemic
- Refer to those external to the country whose foreign policy decisions are made.
- It includes the policies and actions of other nation states.

All of above factors contribute to the formulation of foreign policy of a state. Once the policy is made,
it is usually executed through four major methods:

i. Political – diplomacy, treaties, pacts


ii. Economic – foreign aid, tariff control, embargo
iii. Propaganda – propaganda, media
iv. Military – used of forces, armed forces

Malaysian Foreign Policy


Please summarize Malaysia foreign policy according to below Prime Minister

Tunku Abdul
Rahman

Tun Abdul
Razak

Tun Hussein
Onn

Tun Dr.
Mahathir

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Tun Abdullah
Ahmad
Badawi

Dato Seri
Najib Abdul
Razak

Tun Dr.
Mahathir

End of Chapters

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