FEDERALISM THE

STRUCTURE AND THE

PROBLEM

By Group 16

CHAPTER
8.1 FEDERAL AND UNITARY-THE FORM AND THE
ESSENCE
8.2 THE ORIGINS AND DEVELOPMENTS OF MALAYSIAN
FEDERALISM
8.3 FEDERALISM IN THE REID COMMISSION REPORT
8.4 THE CONSTITUTIONAL PROVISIONS
8.5 THE PROVISIONS AND THE FEDERAL-BIAS
FORMULA
8.6 FEDERALISM AND THE COURT
8.7 IS MALAYSIA A TRUE FEDERATION?
8.8 MALAYSIAN FEDERALISM AND DEMOCRACY
8.9 THE FUTURE OF MALAYSIAN FEDERATION

WHAT IS FEDERALISM ?
Federalism is a
system of
government in
which power is
divided between a
central authority
and constituent
political units.

Theory or advocacy
of federal principals
for dividing powers
in common
institutions.

INTRODUCTION
Federation was thought to be the best devise to
maintain the balance between the need for
centralization and regional identity and individuality.
A discourse on Malaysian federalism must start from
its very history.

8.1 FEDERAL AND UNITARY-THE FORM AND

THE ESSENCE
Must be aware of the more recent formula such as the
commonwealth of independent state (CIS) which
emerged after the collapse of Soviet Union.
There have been developments towards the so-called
federal Europe
Federal state was said to be the most popular option
after World War ii which saw the emergence of newlyconstituted states.
D.J. Elazar defi ned federalism as the mode of political
organization.

8.1 FEDERAL AND UNITARY-THE FORM

AND THE ESSENCE
Federal system allow this by disturbing powers
between central and constituent authorities in a way.
William H. Riker explained the concept of federalism
which are :
- two levels of governments
- the existence of at least one area if action
- the existence of guarantees of autonomy
K.C gave more less for a federal state :
- Coordinate independent government at federal ,
state levels
- The method of dividing powers between them.

8.1 FEDERAL AND UNITARY-THE FORM

AND THE ESSENCE
W.S Livingston has argued in a federal state.
The component states retain their identity, giving up
only those power and function that are necessary.
Diffi cult to deny essentially if it is the party system
that are in legal provisions merely state the division
of powers.

8.2 THE ORIGINS AND DEVELOPMENTS OF

MALAYSIAN FEDERALISM.
Earliest form federalism in Malaysia to be the Negeri
Sembilans loose arrangements of nine diff erent
localities under fi gurehead Yamtuan Besar in 18th
century.
Came Federated Malay states which was created by
British administration in 1895.
Consisting of 4 Malay states: Perak, Selangor, Negeri
Sembilan and Pahang- under British protection .
Underrated Malay states: Kedah, Perlis, Kelantan,
Terengganu and Johor.
Malayan Union never implemented strong opposition
of the Malays-some of the ideas carried through
Federation of Malaya.

8.2 THE ORIGINS AND DEVELOPMENTS OF

MALAYSIAN FEDERALISM
Development did not stop under the independent
constitution in 1957. Became bigger federation in
1963 when Sabah, Sarawak and Singapore joined the
federation.
Singapore was asked to leave in 1965 format agreed
in 1963 remained until today both Sabah and Sarawak
enjoy a position.
Creation of federal territories- acquisition of Kuala
Lumpur from Selangor in 1974, Labuan from Sabah in
1984 and Putrajaya in 2000- another development
merits scrutiny.

8.3 FEDERALISM IN THE REID

COMMISSION REPORT
The main factor been prioritized:
- fi nancial autonomy level for the states
- proposals for concurrent powers
federal and states have their own exclusivity but in
some situation, the federation have power to
override it showing the overriding concern by the
commission itself.
Commission was concerned more on how were to be
resolved, and by giving the federal authorities the
upper hand.

8.3 FEDERALISM IN THE REID

COMMISSION REPORT
The commission thought that it was necessary as
there may be situations where diff erent parties are
having power at the federal and state levels.
The concern was legitimate but how the commission
resolved it could lead to highhandedness and abuse
and might harm the democracy and constitutionalism.
However, one must not confi ne oneself to those
recommendations as the ideas on federalism were
evidently felt throughout the report.

8.4 THE CONSTITUTIONAL PROVISIONS

Federal constitution are to be found under a specifi c
chapter.
Other parts of constitution whose impact may
enhance of the working of federal principles.
Relevant provisions are really capable of keeping the
federal character on needs to see their operations.
Major provisions pertaining to federal principles have
been put under Part VI of the Federal Constitution
under the title Relations between the Federation
and the States

8.4 THE CONSTITUTIONAL PROVISIONS

Federal Constitution includes schedules to fl esh out
further for the above provisions and thus one fi nds.
Have a direct eff ect on the workings of federal
principles.
Called as an art.
150 on the power of the federal government to
declare emergency
2 which regulates the admission of new territories
into the federation.
One must not lose sight on the existence of various
federal bodies and institutions whose advise and
recommendations are binding on or diffi cult to be
avoided by state authorities.
The states contention was rejected by the court.

8.4 THE CONSTITUTIONAL PROVISIONS

The position of states has been weakened by the fact
that the Constitution has allowed.
International relations has been put under the federal
jurisdiction.
The provision gives power to legislate on state matter
for the purpose of uniformity.
There have been cases of confl icts.
The Supreme Court handed down an important
principle such as principle of pith and substance
in Mamat Bin Daud .

8.4 THE CONSTITUTIONAL PROVISIONS

The new provision made the doing of an act on the
grounds of religion that had the likelihood of causing,
among others.
The center of the case lies within the jurisdiction of
the state and thus the requirement imposed by the
federal law was inapplicable.
The Federal Court upheld the states right to
withdraw his work permit as well as the order for him
to leave the state.
Constitution has put an obligation to the federation to
pay certain grants to the states in recent years
complaints and allegations of deliberate delays on
the part of the federal government.

8.4 THE CONSTITUTIONAL PROVISIONS

The Constitution has allowed the federal government
to declare an area or areas of a state to be
development areas.
The division of powers between federal states have
virtually been reduced to a mere theory and that the
states are being put to he mercy of the federal
authorities.
The provision completes the list to federal
government to encroach the states jurisdiction.
Some may point to Art. 77 which lays down the
principle pertaining to residual legislative power.

8.4 THE CONSTITUTIONAL PROVISIONS

Most of the executive and legislative powers as well as
financial resources are already expressly in federal hands.
Allow both federal government and parliament to encroach
the states of jurisdiction.
This provision gives the federal government both legislative
and executive powers to take over the state.
Federal government having a wide range of power as its
disposal.
Have to be utilized in accordance with policies laid down by
the National Land Council.

8.4 THE CONSTITUTIONAL PROVISIONS

The provision have the tendency to make federal
authorities behave in a patronizing manner towards
the states.
The states have to accept the federal offi cers and
hence, federal policies and preferences.
Legal adviser come from the federal judicial and legal
service offi cer.
Its not easy for the states to their rights, let alone
their individuality and autonomy.

8.5 THE PROVISION AND THE FEDERALBIAS FORMULA

This is so called federal bias formula or pattern has
been said in view of the fact that most of the
provision lean toward the federal authorities.
This is either directly of through their operation.
The pattern in the allocation of power, resources and
so on all of which put the state at the mercy of the
central authorities
The placing of emergency powers in the hand of the
central could make it diffi cult for state to assert their
legitimate position and right.

8.5 THE PROVISION AND THE FEDERALBIAS FORMULA

As a result the same diffi cult will arise to the central
authorities to pass law to contain subversion.
The political culture that surround the constitution
also contributed to the handicap the state to fi nd
themselves in.
Its may be argued that the situation would not have
become worse if the provision have been
implemented as they are.
There should be no reason or question grant being
denied or delayed for political reason.

8.5 THE PROVISION AND THE FEDERALBIAS FORMULA

The situation would not have deteriorated the state
government put the constitution above their partys.
The politician now give more priority to their parties
rather than their state.
The procedures laid down by the constitution was
reduce to a mere formality.

8.6 F E DE RA L ISM A N D T H E C O U RT

The court has a major part to play to make sure that

the ideals of the federation are achieved. Apart from
history show that the court needs to ensure that the
end result does not run counter to the democratic
principles and spirit.
The positive approach the court tend to dwell more
on the provision by be it in the constitution or in the
statutes but there had complication of the decisions.
In the majoritys decision in Mamat bin Daud, the
court chooses to rule in favour of the states and
emphasized the important of essence over label.

8.6 FEDERALISM AND THE COURT

It is not easy to make sure that federal principles
work in harmony with others interests.
But both federal and state governments were working
together on the massive dam project that was oppose
by the aff ected natives and environmentalists.

IS MALAYSIAN A TRUE
FEDERATION ??

8.7 MALAYSIA TRUE FEDERATION

The federal principal must be respect and follow the
low by the constitution by federal government and
state government
Each government is own exclusive power but in many
cases the diff erent orders of government share the
same power in certain area.
All the federal government and state government in
federal system derive their authority from the
constitution.

8.9 THE FUTURE OF MALAYSIAN FEDERATION

The changing in constitution, one may argue that
Malaysian federalism could be recast to ensure that
justice and equity among the state or between
federation.
The constitution just an agreement, it may be
changed if such is necessary.
All parties must take part especially, ordinary people
ought to be given change to have a say as well.

8.9 THE FUTURE OF MALAYSIAN FEDERATION

The changes & adjustment must refl ect the
need of people to make all states happy and
contented.
The direction and the future of a federation
will eventually depend on the politic and
political system.
The federal and government state could sit
down to discuss various problem as part of
consultative machinery.

8.8 MALAYSIAN FEDERALISM AND

DEMOCRACY
Yang di Pertuan Agong is the symbol of unity

Democracy not part of agenda to build a federal

states in Malaysia

Sometimes its dubbed as quasi-federation or

quasi-unitary
National integration and unity issues always
been argued

8.8 MALAYSIAN FEDERALISM AND

DEMOCRACY
Federalism and democracy have to looked from
the law view and its impact towards law and
other issue
Problem and complaints must be addressed
either through constitutional channels or others
Federal have a great power such as the power to
declare emergency and contain subversion

Federal have no power obstruct the citizen right

to freedom of movement

8.8 MALAYSIAN FEDERALISM AND

DEMOCRACY
States autonomous are not necessarily against
national unity
Sabah and Sarawak are not arbitrary use their
power even they posses it
The power have to be monitored so the states
could walk in democracy line

THANK YOU