Federalism in Malaysia
FEDERALISM IN MALAYSIA
By: Iffa Syafiqa
Introduction
The existence of federalism in Malaysian history dates back in 1895 during the establishment of the Federated Malay States which are the ‘Protected States’ of Selangor, Negeri Sembilan, Pahang and Perak. Federation of Malaya then came later in 1948 with the unification of the nine Malay states and Settlements of Penang and Malacca by the British.
Federal principle was described by K.C. Wheare as "the method of dividing powers so that the general and regional governments are each within a sphere co- ordinate and independent." His definition elaborates that under a federal system, there lies an autonomous sphere of power resides in each of the general and the regional government in which can be exercised independently of the other level. Wheare’s definition on federal principle is the separateness of the central and regional authorities and this provides the distinction of a federal government from other forms of government.
A.V. Dicey, also another scholar identified the three leading characteristics of a "completely developed federalism" herein includes the distribution of powers among governmental bodies (each with limited and coordinate powers), along with the supremacy of the constitution and the authority of the courts as the interpreters of the constitution.
Throughout this circa 118 years since 1895, Malaysia has been evolving in the application of this federal principle, being practiced the federal parliamentary democracy with a constitutional monarch. The objective of this paperwork is to analyse whether or not Malaysia is applying the true concept of federalism in which lies the occurrence of separate central and regional authorities. It is also to be taken as a main concern whether or not Malaysia is merely practicing a ‘quasi-federation’ system. Facts and further analyses of distinguished authors will be provided to strengthen this paperwork with factual legitimacies.
Federal Constitution
By: Iffa Syafiqa
Introduction
The existence of federalism in Malaysian history dates back in 1895 during the establishment of the Federated Malay States which are the ‘Protected States’ of Selangor, Negeri Sembilan, Pahang and Perak. Federation of Malaya then came later in 1948 with the unification of the nine Malay states and Settlements of Penang and Malacca by the British.
Federal principle was described by K.C. Wheare as "the method of dividing powers so that the general and regional governments are each within a sphere co- ordinate and independent." His definition elaborates that under a federal system, there lies an autonomous sphere of power resides in each of the general and the regional government in which can be exercised independently of the other level. Wheare’s definition on federal principle is the separateness of the central and regional authorities and this provides the distinction of a federal government from other forms of government.
A.V. Dicey, also another scholar identified the three leading characteristics of a "completely developed federalism" herein includes the distribution of powers among governmental bodies (each with limited and coordinate powers), along with the supremacy of the constitution and the authority of the courts as the interpreters of the constitution.
Throughout this circa 118 years since 1895, Malaysia has been evolving in the application of this federal principle, being practiced the federal parliamentary democracy with a constitutional monarch. The objective of this paperwork is to analyse whether or not Malaysia is applying the true concept of federalism in which lies the occurrence of separate central and regional authorities. It is also to be taken as a main concern whether or not Malaysia is merely practicing a ‘quasi-federation’ system. Facts and further analyses of distinguished authors will be provided to strengthen this paperwork with factual legitimacies.
Federal Constitution
Bibliography: Abdul Aziz Bari, F. S. (2004). Constitution of Malaysia: Text and Commentary. Pearson Prentice Hall. Aun, W. M. (1975). The Malaysian Legal System (1st Ed.). London: Heinemann Educational Books (Asia). Aun, W. M. (1996). The Malaysian Legal System (2nd ed.). London: Longman Malaysia . Faruqi, S. S. (2008). Document of Destiny - The Constitution of the Federation of Malaysia. Malaysia: Star Publications (Malaysia) Berhad. Monahan, P. J. (1997). A. Federalism Defined. Retrieved from Constitutional Law (1997): http://www.angelfire.com/ca/globalcom/freeniversity/4_1.htm Saleem, M. Y. (n.d.). Chapter4 - Federalism: Origin and Applications.