Federalism

and Federation
Federalism
 Federalism
Gordon Robertson:

A method of political organization

in which two levels of government
have constitutional power to legislate and govern;
one level governs with respect to the country as a
whole,
the others with respect to one of the provinces or
states that make up the federation’.
 Federation

A federation
is a country whereby
a number of individual states join together
to form
an association of states.

The association is called a federation.

The essence of federalism is
the division of power to
govern a country
between
federal government and
state government
Federal System
and
Unitary System
Unitary System
 Unitary Country
Great Britain, for example, has a unitary government.

Its Parliament has ultimate authority over all things that

occur within the United Kingdom.

Even if it delegates power over local matters,

Parliament can require its towns or counties to do
whatever it deems appropriate; it can even abolish
them or change their boundaries if it chooses to do
so.
Federal System
 Federalism
and
The Constitutional
System of Malaysia
The members of the Reid Commission were
appointed with terms of reference as follows:

"…To make recommendations for a federal

form of constitution for the whole country
as a single, self-governing unit within the
Commonwealth based on Parliamentary
democracy with a bicameral legislature,
which would include provision for:
(i) the establishment of a strong central
government with the States and
Settlements enjoying a measure of
autonomy…”
Lord President Tun Suffian:

‘…Malaysia has 14 heads of state,…14

Parliaments,…14 governments, 14 prime
ministers…and 14 Cabinets’ and
‘In addition each state has its own
constitution.’
 Raja Azlan Shah FJ (as he then was)
'The Constitution is not a mere collection of
pious platitudes. It is the supreme law of
the land embodying 3 basic concepts: …
The second [concept] is the distribution of
sovereign power between the States and the
Federation,
that the 13 States shall exercise sovereign
power in local matters and
the nation in matters affecting the country at
large…'
 A Federal Constitution
Establishes-

Federal Organs State Organs

Federal Legislature State Legislature
Federal Executive State Executive
Federal Judicial Body State Judicial Body
 Division of Power

-Power to govern the country is divided in

the constitution

-The division is made between two levels of

government namely:
• Government at the Federal/National level
• Government at the state/regional level.
 The Federal Constitution of Malaysia
Divides
Legislative power – Article 74
Executive power – Article 80
Judicial power – Article 121
between
Federal Government State Governments
Commerce & External Affairs Religious affairs & Local
Government

List 1 (Federal List) of 9 th List 2 (State List) of 9th

Schedule Schedule