The Federal System

In Malaysia
Basic Features of the Federal System

Historical Overview
Federated Malay States 1896
Unfederated Malay States 1890-1990s
Malayan Union 1946
Federal Structure
The Federation of Malaya and its
Constitution launched in 1896 was to
provide the basis for the structure of
government and the constitution of the
independent Federation of Malaya in 1957.

Federal system of government:

E.g Canada, US, India, and Australia adopt
the federal model of Government.
This form of territorial political organization
normally chosen by state that have large
territories and desire to accommodate unity
and regional autonomy within a single
political system.

Malaya 1957 choose federal system due to

several reason:
Need to preserve the sovereignty of Malay
Sultan in their separate territories.
Familiarity with federal ideas in Malaya
constitutional history.

FEDERAL FEATURES
To what extent Msia conform to federal
model? What is nature of federal-state
relationship in this country ?
Bear in mind: there is no prototype
federation and the many federal systems
operating in the world today exist in diverse
forms.

Basic Features of the Federal

System
1.Association of State
Number of state (previously semi independent
or independent ) unite to form central
governments for administration of certain affair
but retain independence of certain other
matters it is said to form Federation.
Federalism requires a special mode of political
and social behavior, involves commitment of
partnership and active cooperation.

2.Duality of Government
In Federation there is common central
government charged with administration of
affair of general concern.
Other than that several numbers of state
province with their own elected government
that has near complete authority over
certain affairs

Central and regional governments both

operate directly upon the people, and each
citizen subjected the two govt.
This principle called Non-centralisation
(and should be distinguish from decentralisation ) it requires a
constitutionality guaranteed diffusion of
power among a number of substantially
self-sustaining centers.

3.Semi-Autonomous units
Federalism linked people and institution in
lasting yet limited union by mutual consent
without the sacrifice of their respective
individualities.
State government is not legally and
politically subordinate to central
government in respects of matters assigned
to them.

State that form the federal union ,did not

sacrifice their authority in all matters to the
federal governments.
While retaining individuality they seek the
advantage of a common government in
matter related to general interest.

4.Demarcation of Powers
In all federal system ,there is
constitutionally defined division of
legislative, executive, judicial and fiscal
power between central and regional
authorities.
Powers of Federal and provincial
government must be well defined.

The federal relationship must be established

or confirmed through perpetual covenant of
union that outline the term which power is
divided / shared in political system.

5.Supreme Constitution

Federal / state allocation of power is

safeguard by adopting a written
constitution.
Which accepted as highest law of the land,
and which demarcates in an authoritative
manner the sphere allocated to both central
and regional governments.

6.Judicial Review
Art 128 (1) : The superior courts are given
the power to rule upon disputes and to
declare null and void any legislative or
executive action that violates the
constitutional division of competence.
In Malaysia, there are many occasion,
whereby the federal and state division of
power has been tested in the court and
decisions have gone both ways.

Government of Kelantan v Government of

Malaya [1963] MLJ 355

Kelantan objected to the admission of Sabah ,

Sarawak and Singapore in the federation.
Kelantan argued that the proposed constitutional
changes needed to consent of all constituent
states and that this had not been obtained.
Thomas CJ, in historic judgment held that
amending the Constitution to admit a new state
was solely within federal jurisdiction and the
consent of states was nowhere prescribed.

City Council of Georgetown v Government of

Penang[1967] 1 MLJ 169

Two state laws were invalidated because of

inconsistency with the federal Local
Governments Elections Act 1960.

7. Constitutional Amendments
Federal constitution should be difficult to
amend except by extraordinary procedures.
In a truly federal system the constituent
polities must have substantial influence
over the formal and informal constitutional
amending process.

8. Equality of the constituent units

In a federal system there is equality of status

amongst the constituent state of federation.
The regional authorities are not subordinate
one to another but coordinate with each other.
Within their spheres the state are co equally
supreme, equally represented in the upper
house of the Federal legislature and
proportionately represented in the lower house

Thank You