Update > The Nature of Federalism

The Nature of Federalism

2022-09-06

Q: What is the federal principle?

A: The federal principle refers to the principle that governmental powers and responsibilities may be divided between the federal (national) government and the state (regional and local) governments. Matters that the state governments cannot handle satisfactorily are entrusted to the federal government – and the federal government’s authority is limited to those matters.

Q: How is the federal principle realized?

A: The federal principle is realized through a federal constitution, which defines the functions and powers of the federal and state governments. In the Malaysian constitution government functions and powers are contained in a provision consisting of the Federal list (Functions and Powers of the Federal Government) State list (Functions and Powers of the State Government) and the concurrent list (Functions and Powers of both Federal /State Government).

Q: How did federalism develop?

A: Federalism developed as a response to the need to link separate political communities together in order to pursue effectively objectives that each could not obtain on its own, but without subsuming their respective identities.

Q: What is a federal system?

A: Most experts agree that there are five features that capture the essence of the federal model as it is practiced in virtually all cases. These are:

1. At least two orders of government, each acting directly on their citizens; a formal distribution of legislative and executive authority and allocation of resources between the orders of government, including some areas of autonomy for each order

2. Provision for the representation and respect of regional and group views within the federal (central) policy-making institutions

3. A written supreme constitution not unilaterally amendable and requiring the consent of all or a majority of the constituent units

4. A referee to rule on disputes between the various orders of governments

5. Mechanisms and processes to facilitate intergovernmental relations for those areas where responsibilities are shared or overlap.