The document discusses the concept of federalism in Malaysia. It begins by explaining how federalism was introduced in 1895 through the Federation of Malay States, which united four states under a central government. Federalism was further established in Malaysia in 1948 with the formation of the Federation of Malaya and in 1963 with the formation of Malaysia. The key features of federalism discussed include the distribution of powers between federal and state governments, and the separation of powers among the executive, legislative and judicial branches. Examples of federal and state functions are also provided, such as the federal government dealing with federal issues while states deal with intra-state matters.
3. INTRODUCTION
As we can see from a historical
perspective, the concept of federalism in our
country has been around and used since
1896. It started when the government of the
Federated Malay States was introduced by
the Federal Agreement 1895 which
incorporates the British colonized the four
states of Selangor, Perak, Pahang and
Selangor under a central government led by
a Resident-General. Each state is headed by
a Resident governing power was based on
guidance outlined.
4. BEFORE THAT, THE FOUR STATES RULED BY THE RESIDENT EACH
WITH A VERY WIDE POWERS TO PROGRESS AND DEVELOPMENT IN
THE FOUR STATES THAT ARE NOT BALANCED. BRITISH
IMPLEMENTED THE CONCEPT OF FEDERALISM THAT HAS BEEN
CHANGING THE LANDSCAPE OF THE DEVELOPMENT IN ALL STATES.
MANY PROBLEMS CAN BE SOLVED THROUGH THE CENTRALIZED
RULE. ON FEBRUARY 1, 1948, THE FEDERATION OF MALAYA WAS
ESTABLISHED ON THE PRINCIPLES OF FEDERALISM TO REPLACE
THE MALAYAN UNION (UNION OF MALAYA) WHICH WAS
ESTABLISHED IN 1946 BUT ENCOUNTERED FIERCE RESISTANCE OF
THE MALAYS. WHEN THE COUNTRY GAINED INDEPENDENCE IN
1957, ALL THE STATES IN MALAYA SIGNED A FEDERAL AGREEMENT
AND ACCEPT THE EXISTENCE OF THE COUNTRY KNOWN AS THE
'MALAYA' WITH CENTRAL GOVERNMENT IN KUALA LUMPUR.
5. THUS, IF WE EXAMINE THE ORIGINAL
PROVISION OF THE CONSTITUTION ARTICLE 1
(1) OF THE CONSTITUTION ACT 1957 CLEARLY
STATES THAT 'THE FEDERATION SHALL BE
KNOWN AS THE FEDERATION OF MALAYA
(FEDERATION OF MALAYA).' ON 16
SEPTEMBER 1963, THE IDEA OF AN INSPIRED
IDEA MALAYSIA TUNKU ABDUL RAHMAN IN
1961 WAS FULLY REALIZED. SABAH, SARAWAK
AND SINGAPORE AGREED TO BE IN THE
FEDERATION KNOWN AS THE FEDERATION OF
MALAYSIA.
6. IN SHORT….
the concept of federalism, highlighting the features of power
distribution between the federal government and state
governments. The doctrine of separation of powers is also set
there is the division of powers between the three main bodies
of the executive, the legislature and the judiciary. The
doctrine of separation of powers to ensure that all branches of
power is not interrupted or affected by the other branches of
power.
7. DEFINITION OF FEDERALISM
A system of government which has created,
by written agreement, a central and
national government to which it has
distributed specified legislative (law-
making) powers, and called the federal
government, and regional governments (or
sometimes called provinces or states)
governments to which is distributed other,
specified legislative powers.
8. WHAT IS A EXAMPLE OF FEDERALISM?
ANSWER:
A GOOD EXAMPLE IS THE UNITED STATES. THE
FEDERAL LEVEL IS COMPOSED OF THE PRESIDENT, THE
CONGRESS, AND THE SUPREME COURT. WHILE
FEDERAL LAWS DO NOT AUTOMATICALLY TRUMP WHAT
THE STATES DO, THEY CAN IF STATE LAW CONFLICTS
WITH FEDERAL LAW. THIS IS WHY SLAVERY AND
SEGREGATION ARE NO LONGER LEGAL... THE FEDERAL
GOVERNMENT HAS FORBIDDEN THE STATES TO HAVE
LAWS ALLOWING FOR IT. NOR CAN STATES PRINT THEIR
OWN MONEY OR SET UP TOLLS ON BORDERS TO OTHER
STATES.
10. FEDERAL STATE RELATIONS
definition a federalism is one in which the federal and
state governments have their separate and distinctive
powers. In its proper form, it is a system of
government that allows simultaneous recognition of
diversity and common identity. In a country as diverse
as Malaysia, federalism would be an ideal system of
ensuring states preserve their individual and regional
identities.
11. PRINCIPLES FOR STATE-FEDERAL RELATIONS
GOVERNORS BELIEVE THAT FEDERAL ACTION
SHOULD BE LIMITED TO THOSE DUTIES AND
POWERS DELEGATED TO THE FEDERAL
GOVERNMENT UNDER THE CONSTITUTION. TO
ENSURE THE PROPER BALANCE BETWEEN STATE
AND FEDERAL ACTION AND TO PROMOTE A
STRONG AND COOPERATIVE STATE-FEDERAL
RELATIONSHIP, GOVERNORS ENCOURAGE FEDERAL
OFFICIALS TO ADHERE TO THE FOLLOWING
GUIDELINES WHEN DEVELOPING LAWS AND
REGULATIONS.
12. FEDERAL STAND FOR THE MAIN CITY
AND
STATE IS UNDER THE FEDERAL. EG : SABAH,
SARAWAK,MELAKA ETC…
13. FEDERAL FUNCTION
One of the functions of the federal
government is to deal with federal
issues. Some of these issues are federal laws,
foreign policies and trading between
states. The federal government also deals
with issues that cannot be dealt with by the
state and local governments. Basically, the
federal government deals with big problems
and responsibilities of the country.
14. A FEDERATION (LATIN: FOEDUS, FOEDERIS,
'COVENANT'), ALSO KNOWN AS A FEDERAL
STATE, IS A POLITICAL ENTITY
CHARACTERIZED BY A UNION OF
PARTIALLY SELF-GOVERNING STATES OR
REGIONS UNITED BY A CENTRAL (FEDERAL)
GOVERNMENT
15. STATE FUNCTION
The function of the state level government is to deal
with issues within the state. Some of these issues
might be elections and trading between districts. The
state government deals with issues between
districts. Any cases that are appealed in the local
courts go to the state government. The state
government deals with average issues.
16. FUNCTION OF SHARED POWER BETWEEN
STATE AND FEDERAL GOVERNMENTS
The federal government and the state government
have some similar functions. They both collect taxes,
though for different things. They both make and
enforce laws. The state government holds elections
for representatives in the federal
government. Together, they work to sort out the
problems in the United States.
17. CONCLUSION
In short, there is no interference with each other. However, the
check and balance each other remain in place in accordance with
their respective roles. In practice, the central government has the
power to rule over the House of Representatives, while the state
government through the State Assembly. Between the powers
available to the federal government is the Federal citizenship,
foreign affairs, defense, internal security, finance, education,
trade and industry. So far, the concept of federalism since
independence is still going on in this country effectively. The
principle of separation of powers of the three main bodies of the
executive, legislature and judiciary are still going well. YDPA
position remains strong and able to function well.