School of Accounting & Finance
Malaysian studies 3
MPU3173System and administration structure of Malaysia
Malaysia is a federal constitutional monarchy located in the Southeast Asia, Composed of the southern Malay Peninsula of Malaya and is located in the northern Kalimantan island of Sarawak, Sabah. This report is talking about the system and the administration structure of Malaysia. The system of the Malaysia government is closely modeled on that of the Westminster parliamentary system, a legacy of British colonial rule. The head of the country is the Yang di-Pertuan Agong who is the king of this state. Power in Malaysia is divided into 3 parts by the 3 agencies responsible for it. They are the legislature, the judiciary, and the executive. Meanwhileï¼Œin this paper , we also discussion to the system and the administration structure of my country, China. We will study the two counties’ different and contrast. Thereby, we can better understand each other. Understand each other’s culture, history, politics, is conducive to exchange between us.
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2. Literature Review..................................................2
3. Method and materials for Malaysia.................................4
4. Method and materials for China......................................6
Malaysia is a country in Southeast Asia consisting of thirteen states and three Federal Territories, with a total landmass of 329,845 square kilometers (127,354 sq mi). The United Malays National Organization(UMNO), together with a coalition of political parties known as the National Front(BN), has held power since independence in 1957. The capital city is Kuala Lumpur, while Putrajaya is the seat of the federal government. The population stands at over 28 million. The country is separated by the South China Sea into two regions, Peninsular Malaysia and Malaysian Borneo (also known as East Malaysia). Malaysia borders Thailand, Indonesia, Singapore, and Brunei. It is near the equator and has a tropical climate. Malaysia’s head of state is the Yang di-Pertuan Agong, an elected monarch, and the head of government is the Prime Minister. The government is closely modelled on the Westminster parliamentary system. In other words, is Malaysia a “constitutionally limited monarchy”, as the “new royalists” really suggest and seek to maintain, or a “constitutional monarchy”, as many others hold and have long believed. Malaysia is a democracy.
The system and the administration structure of Malaysia is be develop to 3 parts. Legislative power is divided between federal and state legislatures. Executive power is vested in the cabinet, let by the prime minister. Malaysia's legal system is based on English Common Law. Although the judiciary is theoretically independent, its independence has been called into question and the appointment of judges lacks accountability and transparency.
The Federation of Malaya was a federation of 11 states (nine Malay states and two of the British Srtaits Settlements, Penang and Malacca) that existed from 31 January
1948 until 16 September 1963. The Federation became independent on 31 August 1957, and in 1963 was reconstituted as Malaysia with the addition of Singapore, North Borneo, and Sarawak. The combination of states that formerly made up the Federation of Malaya is currently known as Peninsular Malaysia.
The politics of Malaysia takes place in the framework of a federal representative democratic constitutional monarchy, in which the Yang di Pertuan Agong is head of state and the Prime Minister of Malaysia is the head of government, Executive power is exercised by the federal government and the 13 state governments. Federal legislative power is vested in the federal parliament and the 13 state assemblies. The judiciary is independent of the executive and the legislature, though the executive maintains a certain level of influence in the appointment of judges to the courts.
The Constitution of Malaysia is codified and the system of government is based on the minister system. The hierarchy of authority in Malaysia, iin accordance to the Federal Constitution, has stipulated the three branches (administrative components) of the Malaysian government as consisting of the Executive, Judiciary and Legislative branch. Whereas, the Parliament consists of the Dewan Negara (Upper House/House of Senate) and Dewan Rakyat (Lower House/House of Representatives).
Always on Time
Marked to Standard
BRANCHES OF GOVERNMENT
YDPA(as discussed above)
YDPA(·The country supreme head·Above every one and cannot be convicted in any trial·constitutional monarchyHold the post for five years·Selection)
STATE LAGISLATIVE ASSEMBLY
RULES/YDN(Yanch, Pertuan, Neger)
STATE EXECUTIVE COUNCIL
PRIME MINISTER(how is Prime Minister approved; Function/Role; Ministers - how)
COUNCIL OF THE RULES(What; Function/Role)
MENTERI BESAT/CHIEF MINISTER
HOUSE OF REPRESENTATIVE
Legislative power is divided between federal and state legislatures. The bicameral parliament consists of the lower house, the House of Representatives or dewan Negara (literally the “Chamber of the Nation”). All seventy Senate members sit for three-year terms (to a maximum of two terms); twenty-six are elected by the thirteen state assemblies and forty-four are appointed by the king based on the advice of the Prime Minister. Parliament has a maximum mandate of five years by law. The king may dissolve parliament at any time, and usually does so upon the advice of the Prime Minister. General elections must be held within sivty days of the dissolution of parliament. I practice, this has meant that elections have been held every three to five years at the discretion of the Prime Minister.
Legislative power divided between federal and state legislatures. Malaysia has two sources of law. The national constitution, the nation’s supreme law, can be amended by a tow-thirds majority in parliament. (Since its formation, the VN has never lacked the necessary two0thirds until 2008”s General Election) The second source of law is syariah (islamic law), which applies only to Muslims. Ther federal government has little input into the administration of syariah; it falls to the states to implement Islamic law, and interpretations vary from state to state. The parliament follows a multi-party system and the governing body is elected through a first-past-the post system.
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Executive power is vested in the cabinet led by the Prime Minister, the Malaysian constitution stipulates that the prime minister must be a member of the Lower House of parliament who, in the opinion of the Yang di-Pertuan Agong (YDPA), commands a majority in parliament. The cabinet is chosen from among members of both houses of Parliament and is responsible to that body.
The executive branch of the government consists of the Prime Minister as the head of the government, followed by the various ministers of the Cabinet. Strictly speaking, the Executive branch does not have the right to intervene in the Legislative or Judicial branches of the state. This is to ensure that the principle of separation of power is adhered to, as guaranteed by Article 127 of the Federal Constitution.
The judiciary is theoretically independent of the executive and the legislature, although supporters of the government hold many judicial positions. The highest court in the judicial system is the Federal Court, followed by he Court of Appeal, and two High Courts, one for Peninsular Malaysia, and one for East Malaysia. The subordinate courts in each of these jurisdictions include Sessions Courts, Magistrates’Courts, and courts for Children. Malaysia also has a Special Court to hear cases brought by or against all Royalty.
There is also a Special Court, established in 1993 to hear cases brought by or against Ruler. Before its establishment, Rulers were immune from any proceedings brought against them in their personal capacity. Rulers include the Yang di-Petuan Agong, and the heads of state of Malaysia’s component states.
Separate from the civil courts are the Syariah Courts, which decide on cases which involve Malaysian Muslims. These courts run parallel to the normal court system, and are undergoing reforms that include the first ever appointment of female judges. Debate exists in Malaysian over whether the country should be secular of Islamic. Some state governments controlled by the Pan-Malaysian Islamic Party, including that of Terengganu, have passed Islamic laws, but these have not gone into effect due to opposition from the federal government.
China is a communist country, is also a one-party state. Since October 1, 1949, the founding of China's legislation, administration and judiciary are perfect, China is also the rule of law.Economics, starting in the 1970 s reform and opening up, after more than 30 years of spectacular growth, China finally surpassed Japan, became the world's second largest economy after the United States.
The National People's Congress of the People's Republic of China is the highest organ of state power. Its permanent body is the standing committee of the National People's Congress (NPC), have to amend the constitution, supervise the implementation of the constitution, enacts and amends criminal, civil, and state agencies and other basic laws of power. The National People's Congress and the standing committee of the National People's Congress exercise state legislative power.
Chinese administrative leadership level are divided into: the National Day, deputy at the national level, provincial level at the, provincial deputy, sent at the, internal deputy, the county level at the county level deputy, XiangKeJi at, XiangKeJi deputy. China's administrative organs in general can be divided into 5 levels: national, provincial, internal, county level, XiangKeJi. Particular case is: (1) under the state council (national);(2) the various ministries and commissions under the state council, the provinces (municipalities and autonomous regions) government (provincial);(3) the various ministries and commissions under the state council has departments, the provincial government office consists of the hall, around the city (internal);(4) the ministries and departments under the office of the state council, the provincial bureaus under the office, the prefecture has office, counties and county-level city (county level);(5) the relevant units, villages and towns government department (XiangKeJi)
Administrative divisions shall be the state administration for ease of management and hierarchical division of region. Therefore, administrative division also called administrative areas. At present, the total is divided into 23 provinces, five autonomous regions (including Taiwan), four municipalities directly under the central government, two special administrative region. China's administrative division By the end of 2010, the national total of 34 provincial administrative region (including: four municipalities directly under the central government, 23 provinces, five autonomous regions, two special administrative region), 333 regional administrative units (of which: 283 places, 17 regions, 30 autonomous prefectures and three au), 2856 county-level administrative units (of which: 853 of the 370 districts, 370 county-level cities, counties, autonomous counties, and 117 49 flag, three first-hand data, two zones, one forest), 40906 township administrative division unit Now in many cases,
often used in east China, north China, south China, central China, northeast, southwest, northwest seven area distribution, specific as follows: north China (Beijing, tianjin, hebei, shanxi, Inner Mongolia), east China (Shanghai, shandong, jiangsu, anhui, jiangxi, zhejiang, fujian), central China (hubei, hunan, henan), south China (guangdong, guangxi, hainan), southwest (chongqing, sichuan, guizhou, yunnan, Tibet), northwest (shaanxi, gansu, qinghai, ningxia, xinjiang), northeast (heilongjiang, jilin, liaoning).(below the provincial level administrative unit statistics does not include Hong Kong, Macao and Taiwan).At the provincial level administrative region (area code) (or nickname) area (km2) population (ten thousand people) or capital, provincial seat of government, the provincial capital, and the zip code of the administrative area
The judicial organs to exercise the jurisdiction of the state organs. In the capitalist countries, the judiciary and the legislature, the administrative organ mutually dependent; In a socialist country, the judicial organs from belongs to the organs of state power and relatively independent of other state organs.
China's judicial institutions, general office, political department, the bureau of prisons, reeducation through labor bureau, press and publicity department of legal system, the guidance law notary department, grass-roots work instruction, the state judicial examination department, legal department, laboratory, judicial assistance, foreign affairs department, financial equipment department, organs of the party committee, in the administration of the discipline, agency services.
Now, let’s look at about what China and Malaysia on a different system of government. Malaysia is a constitutional monarchy, the head of state called the Supreme Head of Malaysia. China is a socialist country, the implementation of the people’s congress system, the People’s Congress is the highest authority. The highest authority is different because of the different national systems of two countries.
China is the People's Republic of China State Council executive. The Judiciary is the People's Court, People's Court is a national judicial and divided the Supreme Court local levels and special people's courts. Malaysia's political structure is the ruler of the meeting, the Conference of Rulers has a high power, the Prime Minister and State Minister of Justice states, Chief Minister to assist the meeting. Parliament, also known as the Congress, the highest legislative body. By the House of Lords and House of Commons.
Finally, there are political questions about the two countries. Communist Party of China, is China's ruling party. State institutions Party People's Republic of China is the vanguard of the Chinese working class, while the vanguard of the Chinese people, is the leading core of socialism with Chinese characteristics and represents the development requirements of China's advanced productive forces, the orientation of China's advanced culture, and the Chinese the fundamental interests of the people. Multi-party cooperation and political consultation under the leadership of the Communist Party of China is a basic political system of People's Republic of China is the political party system with Chinese characteristics.
Chinese People Consultative Conference under the leadership of the Communist Party of China, there are various democratic parties, democratic personages without party affiliation, people's organizations, ethnic minorities and all patriots who participated in by all socialist workers, patriots who support socialism and reunification of the motherland Patriots composition, including our compatriots in Taiwan, Hong Kong and Macao compatriots and overseas Chinese compatriots, including the broadest patriotic united front organization.
Malaysia has more than 40 registered political parties. National Front coalition by 14 political parties in power. National Frontï¼ŒBarisan National: The ruling coalition. From April 1974 to expand the party's base in the Malayan Union, the members of the party opposed independence. Each party's campaign logo and uniform when the Declaration of election candidates seats allocated internal consultations. Emphasize economic development, coordinating all political parties, the establishment of peace, stability, prosperity and social justice. The main ruling party: The United Malays National Organization, Malaysian Chinese Association, Malaysian Indian Congress.
Summarize, different countries are politically in order to adapt to the country's basic national conditions and development, the differences on the executive authorities of the two countries also reflects the different cultures and backgrounds.
Now, Malaysia is an emerging diversified economy. Economy by leaps and bounds in the 1990s is one of the "Asian tigers." Asia has become a compelling diversified emerging industrial countries and emerging market economies in the world. Tourism has become Malaysia's third largest source of foreign exchange earnings, knowledge-based economy in the service sector also synchronized expansion. Has a long history of exchanges between China and Malaysia. Malaysia established diplomatic relations since the two countries continue to expand and deepen bilateral relations, bringing tangible benefits to both sides, but also to promote the prosperity and progress of the two countries and the region played an important role. The two sides will further strengthen coordination and cooperation in a wide range of areas, work together to promote peace, stability, security, harmony and development in the two countries and the region. We came to Malaysia for six months, felt the sides of the people are very warm and friendly, more open culture, economy is booming development. This is a country that makes people fell comfortable and happy. We believe that Malaysia will develop better and better, with an increasingly important international status, to maintain friendly relations with China.
That’s all. Thank you.
7. Reference list
Nazaruddin haji mohd jail, ma’rof redzuan, asnarulkhadi abu samah dan ismail hj mohd Rashid. (2004). Pengajian Malaysia : kengaraan dan kewarganegaraan. Edisi kedua. Petaling jaya. Prentice hall.
Jayum A. jawan (2002) politics and government in Malaysia. Shah alam: karisma publications.
Nazaruddin hj. Mohd jail et.al (2001) pengajian Malaysia , prentice hall: selangor