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Assignment 2 Answer all questions. 1. Explain the monarchy form of government.

Discuss the differences between the types of monarchy system. It is a form of government in which there is a single Head of State, a m o n a r c h , w i t h t h e t i t l e o f K i n g , Q u e e n o r E m p e r o r, o r S u l t a n . T h e monarch inherits the throne for life (as in the United Kingdom) or is elected for a fixed period (as in Malaysia). When the monarch rules with full executive, legislative and judicial powers unlimited by constitutional or legal restrictions, the system is often referred t o a s a n a b s o l u t e m o n a r c h y. W h e n t h e p o w e r s o f t h e m o n a r c h a r e effectively limited or restricted by law or the constitution, the s y s t e m i s n o r m a l l y c a l l e d c o n s t i t u t i o n a l o r l i m i t e d m o n a r c h y.

The differences between the types of monarchy system are: Absolute monarchy Absolute monarchy government refers to the same shape in which a king has unlimited political power to rule the country. In this form of government, the king holds all legislative power, executive and judicial. Each law is under the authority and approval and he is the cause / source of sovereignty. The rule of absolute monarchy pattern has positive features such as quick and fast action, with continuity and consistency in public policy. All of these are required for the effective administration of a country, especially in times of emergency and national crisis. Because all the power of the state - the executive, legislature and judiciary and military - is in the hands of the king, it is capable of implementing and administering a sound basis for effective and efficient country. However, when Limited monarchy In other words, constitutional monarchy government must share power with the elected representatives of the people. In Malaysia, which the King who is a constitutional monarchy, is to exercise its functions in accordance with the provisions set forth in the Constitution - that is, act in accordance with advice of the Cabinet (article 40). Great Britain, Sweden, Norway, Denmark, the Netherlands, New Zealand, Nepal, Bahamas and Malaysia adopt constitutional monarchy. Under this form of government, the rule carried out based on the principles of democracy and also according to the principles contained in the constitution. Guaranteed human rights and the interests of the majority and the minority are protected.

Constitutional monarchy means the

one king has absolute power, it can be dangerous to the country. This will happen when the king was not aware or concerned or responsive to the interests and needs of the people and govern arbitrarily. Negligence and recklessness king can make people's revolt and the country may be in a state of chaos

government of the same shape in which the power of the king by the constitution. King who is the head of state is required to carry out his or her duties in accordance with the powers granted him under the constitution.

2. Describe the differences between unicameral and bicameral and stated the advantages and disadvantages of these system. The differences between unicameral and bicameral are: Unicameral is a legislature composed of a single chamber or house (dewan). Usually the members of a unicameral legislature are directly elected by the people. Singapore, New Zealand, Finland and Norway have a unicameral system. Bicameral consists of two houses or chambers - a lower house called House of Representatives and an upper house known as the Senate. The members of the lower house are directly elected by the people while the members of the upper house are either elected or appointed. Malaysia, the United States of America, Britain, Australia, Japan, France, Germany and Canada have a bicameral system of legislature.

Stated the advantages and disadvantages of these systems. ADVANTAGES OF UNICAMERAL Proposed legislation can be enacted more quickly since the law- making process is simple and straightforward. Since only one chamber is responsible for legislation, there is greater transparency (ketelusan), unity and accountability (to the electorate). It is easier and less expensive to maintain a legislature with only one chamber and fewer representatives. ADVANTAGES OF BICAMERAL It allows for representation on a fair and balanced representation for both small and large states. States with large populations are satisfied because the number of each states representatives in the lower house (House of Representatives) is determined by population, and the less populated states are generally satisfied because the number of representatives of the upper house (Senate) are equal, being set at two per state (e.g. USA, Malaysia).

A unicameral legislature represents the will (kehendak), concerns and preferences (keutamaan) of the people as its members are directly elected by them. It reduces duplication and confusion of responsibility within the legislative process. It avoids conflicts and deadlocks (kebuntuan) which could slow down the process of law-making. A single-house legislature, knowing that its decisions are final, acts with great care and diligence. Lobbyists are less influential in the unicameral legislature because the law-making process is more public and transparent. In a unicameral system, it is easier to achieve cooperation between the Executive and the legislative branch.se.

It has the capacity to formally represent diverse constituencies (e.g. regional, ethnic, class, professionals, and minorities). It hinders the passage of hasty, illconsidered or flawed legislation, as one chamber acts a check upon the other and agreement of both chambers are required for the passage of a bill. With two legislative bodies, there is enhanced oversight and control of the Executive branch. Bicameralism fosters quality results by requiring strict scrutiny of proposed legislation, slowing decision-making and by creating more opportunities for debate, discussion, reflection and sober second thought. A double - chamber legislature saves time by dividing the work of scrutinizing and studying proposed legislation between the lower and upper house. A second chamber is a safeguard against the tyranny of the majority party and a single chamber. A second chamber is necessary in a federal system of government. One house represents the people in general on a national basis while the other chamber is used to give representation to the various states of the federation.

DISADVANTAGES OF UNICAMERAL

DISADVANTAGES OF BICAMERAL

The unicameral system supports simple majority rule. As such, it is not responsive to and does not protect the rights and interests of the minority groups in a state. In other words, there is no balanced and fair representation of diverse interests in a large nation. The unicameral system is not accountable to the electorate because the legislative process is not open to public view. A single-chamber legislature is tyrannical and is a great threat to the liberties of the people. A smaller legislature means a weaker power check on the Executive. Without the check and balance that a second chamber would provide, a unicameral legislature would find it difficult to hinder (menghalang) the passage of flawed or hasty (terburuburu) and ill-considered legislation.

A second chamber obstructs (menghalang) the will of the people. Where there are two houses, there will be conflict and deadlock. The will of the people will be hindered by inaction. The bicameral system is expensive as several representatives have to be paid and numerous institutions and their staff have to be maintained. A second chamber is not a revising chamber. It only duplicates the work of the lower house. The membership of the second chamber generally consists of vested interests (kepentingan diri). This blocks the passage of legislation demanded by the people. Bicameralism makes meaningful political reforms more difficult to achieve and increases the risk of deadlock. This risk is greater in cases where both chambers have equal powers.

A unicameral system cannot effectively accommodate the vast and diverse constituencies that a large nation has- it is suitable only for smaller and more culturally homogenous states.

A bicameral legislature is less accountable to the electorate than a unicameral legislature. Legislators in one house can blame decisions on the other house.

3. Describes the function of public administration in Malaysia and discuss the dichotomy in Public Administration

The basic purpose of the public administration is to work for the community development that supports the idea of socialism. This can be in the form of providing education to the masses, proper health, transportation system and all. apart from this their job is to give powers to people, provide equal resources, promote businesses in the private sector, keep proper check and balances in the execution of policies to achieve desired goals. but for this, there should be the difference between policy makers and policy executers to avoid the political interference that is the basic cause of the failure of public enterprises

Discuss the Dichotomy in Public Administration In his essay on The Study of Administration Woodrow Wilson (1880), an US scholar and statesman, suggested that there is a difference between administration and politics. They are not the same. This came to be known as the politics-administration dichotomy. According to him, Politics is the expression of the will of the state and administration is the execution of that will. In other words, politics is about policy- making and administration concerns policyexecution. In short, policy-making is the business of politics and policy implementation is the business of administration. This means that administration has no role to play in policymaking, and is limited to only policy execution. Elected law-makers represent politics and politically neutral technocrats and bureaucrats represent administration. This theory has been rejected by most scholars. It is no longer valid. Scholars like Appleby, Simon and Waldo are of the view that there is no clear separation between politics and administration. Public administration is policy- making and is part of the political process. In other words, public administration contributes to both the formulation and execution of policies. We can say that in the modern world public administrators, particularly the senior officers, play an important role in the policy-making process. They identify problems and issues and carry out research and studies and initiate and prepare policies and laws for submission to the political executive. They also advise politicians on national issues and policies.

4. Explain the function and responsibilities of legislative in Malaysia

A legislature is a representative and deliberative body responsible for enacting, amending and repealing laws in a state. It is commonly known as parliament or congress or legislative assembly. The legislature performs the following functions:

a. Law-making
The most important function of the legislature is to enact various laws that govern a nation. This is known as rule-making or law-making. The legislature, after a detailed scrutiny and debate introduce new laws or amend or replace laws which have become obsolete. In Malaysia, laws are introduced by a Minister in the form of a bill (rang undang-undang) and every bill has to go through three main stages before it is passed.

b. Representation
It represents the various constituencies and members of the legislature, as representatives of their constituencies and the public, raise various issues (such as increase in food and fuel prices, unemployment, unfair government policies, administrative inefficiency or weakness), problems and matters of interest and concern of their constituents from time to time.

c. Control of the Executive


The legislature controls and scrutinises the actions and activities of the Executive branch. Members of parliament raise questions/issues of public interest during Question Time and members of the Executive (i.e. Ministers) are required to provide answers to queries raised. Parliamentary Committees such as the Public Accounts Committee (PAC) investigates mismanagement of public funds or wasteful expenditure government departments. The findings of the PAC are given wide publicity in the mass media.

d. Control of National Finance

The legislature alone has the authority to raise or impose taxes and authorize public expenditure. The Executive is required to table in parliament the proposed annual budgets and proposals for either raising or abolishing existing taxes. Public agencies are required to limit their expenditure to the allocation approved by the legislature. Moreover, the allocation must only be spent on activities and programmes for which the funds were allocated. In this regard, it must be noted that Articles 96, 99, 100 and 101 of the Federal Constitution (Malaysian) require the Executive to submit national accounts, proposed expenditure and taxes to parliament on an annual basis.

e. Election of Head of State


In some countries the legislature elects the Head of State. For example, in India the members of the lower and upper houses and the state legislative assemblies elect the President of the nation. In Switzerland, the legislature elects the Executive Council as well as the Supreme Court judges.

f. Impeachment of Head of State


The legislature also performs judicial functions in some countries. The US Senate sits as a court of impeachment for the trial of the President and Vice-President. The charges of impeachment against them are brought by the House of Representatives. In India, either of the two houses of Parliament can prefer a charge for the impeachment of the President. If the charge for improper conduct is preferred by the lower house it is investigated by the upper house.

5. Discuss the function of Judiciary in Malaysia and explain the step that should be taken to ensure its independency.

The judiciary, also known as the judicial system, is a system of courts of law for the administration of justice in a state. It consists of the judges and the superior and subordinate courts. The functions of the judiciary may be stated as follows:

a. It is responsible for the administration of justice in a state. b. It hears and decides disputes and cases according to the rules of procedure and
evidence.

c. It interprets laws, including the constitution, statutes and regulations. d. It also makes law in a limited sense. When the provisions of the existing law are
ambiguous or when two or more laws of a country are in conflict under a given circumstance, the judiciary can determine what the law is and which shall prevail. This is called judge-made law.

e. In Federal States like Malaysia, Australia, Canada, USA, etc., the judiciary is the
guardian of the Constitution. In case the laws made by the states conflict with the constitutional provisions, the judiciary has the power to declare them illegal or invalid

f. The judiciary has advisory jurisdiction. In certain cases, the advice of the superior court
is sought by the government. For example, the Federal Court in Malaysia, under Article 130 of the Federal Constitution, has the power to give its opinion on any constitutional issue that the Yang di-Pertuan Agong has referred to it.

g. It also acts the defender of the peoples rights and liberties it prevents individual
rights from being violated.

h. It acts as a check on the other two branches of government.

In Malaysia, Judicial independence is secured in the following ways:

a)

Judges are independent of the Executive and the Legislature and they do not get involved in political debate or political activities.

b) Judges cannot be sued or prosecuted for what they do or say in their capacity as a judge and in the course of their duties. c) Rules concerning the tenure of office, remuneration, qualifications and powers of the judges are enshrined in the Federal Constitution. d) The conduct of superior court judges cannot be discussed in Parliament. It could be discussed only if one quarter of the total members of either house submits a substantive motion to that effect. Their conduct cannot be discussed in any State Assembly. e) f) The tenure of office of the judges is guaranteed by the Constitution. Judges hold office during good behavior and retire at 66. The remuneration of the judges is fixed by law (Judges Remuneration Act 1971) and shall not be reduced after their appointment. Their Remuneration is charged on the Consolidated Fund (Kumpulan Wang Yang Disatukan) and it is not reviewed annually by parliament. g) A special Tribunal is set up under Article 125 (3) and (4) of the Federal Constitution to remove a judge if he is guilty of breaching the judicial code of ethics prescribed under Article 125 (3B) and (3C) and the Judges Code of Ethics 1994. (Under the Code of Ethics, a judge cannot put his private interest over his judicial duties; use his judicial position for his personal advantage; bring the judiciary into disrepute or discredit; or be a member of any political party or participate in any political activity).