Professional Documents
Culture Documents
Module PAD240 Oct 2020
Module PAD240 Oct 2020
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.
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
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
9
13/12 MID TERM TEST – WILL BE HELD DURING LECTURE HOUR
(COVERS CHAPTER 2, 3 & 8 (10%))
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
RECOMMENDED TEXT:
Abdul Rashid Moten & Syed Sirajul Islam (2015), Introduction to Political Science, 4 edition, Malaysia: Cengage
th
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
_______________________ ______________________
Nor Zaini Bt Hj Zainal Abidin, PhD Dean
Resource Person PAD240 Faculty of Admin. Science & Policy
Studies
ASSESSMENT
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
1.0 Introduction
2.0 Content
3.0 Conclusion
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
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
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
Chapter 1: Government
Chapter Outline
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”.
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.
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.
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
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
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.
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‟.
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)
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
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
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.
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
3. Monarchy is
A. Rule by one
B. Rule by many
6. Limitless monarchy is
A. The monarch who has limited power within his territory
B. The monarch has unlimited power within his territory
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
22. There are two methods to classify government power, which are:
A. Territory aspect & level aspect
B. Territory aspect & function aspect
25. In unitary system, the government may at any time _______ the boundaries of local units.
A. Abolish
B. Delegate
27. Unitary system will __________ the central government with local agenda
A. Overcrowd
B. Help
30. Below are the countries that practice federal system, EXCEPT
A. United States of America, India and Malaysia
B. Japan, Brunei Darussalam and Singapore
34. The division of power between central government and regional government is clearly spell out in
A. General Order
B. Constitution
40. Our Duli Yang Mulia Yang Di-Pertuan Agong (DYMMYDPA) is currently from
A. Kelantan State
B. Pahang State
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3. How Malaysia divide the administration between Head of State and Head of Government?
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Conclusion (2 marks)
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Chapter Outline
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:
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.
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.
Legislative Functions
Judicial Functions
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.
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.
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
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)
Method of termination
If he or she loss in election Retirement. In Malaysia, the civil
servant retired at 60.
Characteristics/
Aspect of Differences Permanent Executive
Temporary 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
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)
• 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.
Power Power is defined & limited by the constitution Implement the policy of the state
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.
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:
2. Direct popular election The choice of the Chief Executive is by the direct vote of the
people
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
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
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.
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.
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‟.
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
7. Public policy is
A. The result of whatever executives want to do
B. The result of people‟s choice
11. Generals and commanders of Army, Navy and Air Force are appointed by
A. The head of state
B. The head of executive
B. To protect the welfare of the people in terms of food security and road safety
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
18. Anwar Ibrahim received ________ from the Malaysian king on 16th May 2018.
A. Royal pardon
B. Prime Minister pardon
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
27. In Canada, the head of state is _______, while the head of government is________.
A. Monarch, Prime Minister
B. Governor General, Prime Minister
34. Which country uses direct popular election to choose the governors of constituents at state
level?
A. Saudi Arabia
B. United States of America
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
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
End of Question
YOUR SCORE:
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Chapter Outline
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
Direct legislation
▪ Referendum – advantages and disadvantages
▪ Initiative – advantages and disadvantages
Legislative – Islamic Perspective
- 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
(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 :
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
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
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.
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.
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.
• 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.
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.
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
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
All there are limited opinions from the general Non-cost effective due to lengthy debates at all
public parliamentary levels
Differences between the “Upper House” and “Lower House” in the US, Britain and Malaysia
Malaysian
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
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.
American
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 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
They are processes of passing legislations and changing Constitutional provisions, by legislative
members or legislators.
Law making processes
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.
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.
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
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
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.
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.
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
Choose A or B
1. Legislature is the _______ government body.
A. First
B. Third
3. Legislature is responsible to
A. Execute laws
B. Formulate policies
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
B. Sarawak
16. In Malaysia, the representative in Dewan Rakyat may occupy position in ______
A. Executive
B. Judiciary
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
23. In Malaysia, Canada and ______, process of amending the constitution must start in
legislature.
A. Indonesia
B. India
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
26. Below are the conditions on how members of legislature can be terminated
A. Declared to be poor
B. Declared to be unsound mind
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
40. Initiative is
A. Law approved by legislature
B. Law approved by people
YOUR SCORE:
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1. Legislature is
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3. Give ONE issue in Malaysia that required parliament to exercise its inquest and interpellation
function.
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4. Presentation of Bajet must be initiated in Dewan Rakyat and not Dewan Negara. Why?
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6. In Malaysia , two-third majority vote from the members of parliament to amend the
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Chapter Outline
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.
Judicial
review
FINAL EXAM
Preventing
DEC 2019 Establishing
infraction of
laws Facts
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
- 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).
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.
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
„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
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 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.
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.
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.
void and ultra vires of the constitution all laws and legislations enacted in contravention of the
Quran and the Sunnah.
Choose A or B
1. Judiciary is the ______________ branch of government.
A. First
B. Third
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
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
13. What is the highest court in Malaysia according to the court structure?
A. High Court
B. Federal Court
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
End of Question
YOUR SCORE:
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Conclusion (2 marks)
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Chapter Outline
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
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.
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
Viable opposition
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
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).
• 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.
•
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.
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 Keadilan Rakyat Parti Warisan Sabah Parti Pribumi Bersatu Democratic Action Party
PKR Warisan Malaysia PBBM DAP
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
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
8. There are a few classifications of party system. System that practices in Malaysia is
A. Two-party system
B. Multi-party system
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
End of Question
YOUR SCORE:
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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:
CAP Consumer
SAM Environment
Any organised groups which attempt to influence Government decisions without seeking
itself to exercise the formal powers of government. (Moodie)
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
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.
- 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.
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.
- 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
Choose A or B
1. Choose correct match:
A. CUEPACS – Environment
B. CAP – Consumer
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
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
11. There are ___ types of pressure group. One of the is _____________
A. 3, Anomic Pressure group
B. 4, Associational Pressure group
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
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ii.________________________________________________________________________
iii.________________________________________________________________________
iv._______________________________________________________________________
i. ___________________________________________________________________
ii. ___________________________________________________________________
4. Identify any FOUR (4) strategies used by pressure group to achieve their goals.
i. ________________________________________________________________
ii. ________________________________________________________________
iii. ________________________________________________________________
iv. ________________________________________________________________
Identify TWO (2) strategies taken by pressure group to influence policy makers (10 marks).
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Chapter Outline
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.
Elections are the primary way of achieving popular goals and of orderly change in
the personnel who run the administration.
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
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?
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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.
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.
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
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.
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 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
FINAL TEST
Weakness of Election Commission
JUNE 2020
Choose A or B
1. Election exist at two levels which are
A. National level and international level
B. National level and state level
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
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
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
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
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
18. What was the most active social media platforms in 2017?
A. Facebook
B. Youtube
End of Question
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ii. _______________________________________________________________________________
i.________________________________________________________________________________
ii. _______________________________________________________________________________
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March 2015
Discuss any FOUR (4) groups of people who are excluded from the right to vote.
i.________________________________________________________________________________
ii. _______________________________________________________________________________
iii._______________________________________________________________________________
iv.______________________________________________________________________________
March 2014
i.________________________________________________________________________________
ii. _______________________________________________________________________________
iii._______________________________________________________________________________
March 2013
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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.
“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.”
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
Idiosyncratic
- Implies the individual perception of the top decision-maker
- Usually attends to crisis decisions
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:
Tunku Abdul
Rahman
Tun Abdul
Razak
Tun Hussein
Onn
Tun Dr.
Mahathir
Tun Abdullah
Ahmad
Badawi
Dato Seri
Najib Abdul
Razak
Tun Dr.
Mahathir
End of Chapters