Faculty of Administrative Science & Policy Studies Universiti Teknologi MARA

DIPLOMA IN PUBLIC ADMINISTRATION (AM110) GOVERNMENT AND POLITICS (PAD170)

QUESTION 2: Discuss the classification of the executive as practice in Malaysia

AM110 2C

MADE BY: NURUL IZZAH BINTI RAMLI SITI NADHIRAH BINTI MOHAMMAD HATTA NURUL SHAHIDAH BT JASNI 2011819976 2011227688 2011620792

PREPARED FOR: ENCIK IDHAM BIN MOHD YUSOF

SUBMISSION DATE: 1 FEBRUARY 2012

1.0 INTRODUCTION

The second branch of government is the executive. The term of executive is used to designate all those officers of the government whose business it is to execute, or put into effect, the laws. It is the pivot around which the actual administration of the state revolves and includes all officials engaged in administration. Herman Finer says that it is most useful to look upon the executive as the residuary legatee, for that explains the mixed nature of its functions and parts. In early times, all power, of every kind, rested with one single person, the prince, and he exercised that power with narrow circle of advisers. They not only executed policy but planned it and sat in judgement. As the movement for responsible government advanced, it caused portions of the power to be taken over by other institutions the reminder itself being subjected to certain norms of constitutional morality and controlled by the new organs. As thus understood, the executive embraces the whole governmental organization with the exception of the legislative and judicial organs and includes all officials, high and low the head of the state, his principle advisers and ministers, as well as the whole body of subordinate officials through whom the laws are administered. In this wide sense the term executive is the aggregate or totality of all the functionaries or agencies which are concerned with the execution of the will of the state as that will have been formulated and expressed in terms of law.

EXECUTIVE

NOMINAL

REAL

HEREDITARY

ELECTIVE

SINGLE

PLURAL

POLITICAL (non-permanent)

NON-POLITICAL (permanent)

DEMOCRATIC

TOTALITARIAN

PARLIAMENTARY

PRESIDENTIAL

Figure 1.1 Table of Executive

2.0 DEFINITION
The executive is the oldest of all organs of the government. The legal executive is used to choose all those officers of the government whose business it is to execute or put into effect the laws. The term executive is also wide because it consists of people being in charge of the execution of policies of the state, and being in charge of the determination of the general rules. Executive is one of the three branches of government that responsible for successfully performing and enforcing the laws legislated by the legislative body. It means that every rules and regulations, laws and policies that has been made by the legislature and then written also stated in the constitution of the state must be carried out by the executives for the citizens to obey. Actions will be taken towards the disobedience. In the wider sense, executive can be defined as all government officials except those acting in legislative and judicial capacity. It is not only includes the head of government but also the entire officials staff that connected with the administration of public affairs of the state. While in its narrow sense, the executive means only the head of government, the chief executive head of state and members of the cabinet which also known as council of ministers. And these groups of executives are known as the political executives. Furthermore, the civil servants such as secretaries, police officers, teachers, lecturers and others who execute the laws and orders and carry on administration in details are the non political or permanent executive. Here, we can conclude that the main duty of the executive is to formulate policy and to see that is properly implemented. The policy execution function is the job of permanent civil service who actually run the various departments of the government and field officers. So, both political and non political executives are those who see that the bills are properly enforced and those who actually enforce them are certainly the two integral division of the similar structure or machinery which establishes the executive department.

3.0 CLASSIFICATION OF THE EXECUTIVE

This branch of government is responsible to carry out, enforce and put into effects, the laws that have been legislated by the lawmaking body. The executives are classified into many to see the types of executive that are used by the leaders, rulers, monarchs, kings, presidents in their own state or country.

3.1 NOMINAL EXECUTIVE In executive, the nominal executives are the head of state and their power are defined and limited by the constitution of their state. In other word, as a top executive, they are just a symbol in the administration because they are not the real person who conducts the administration of their state. That is why they are called nominal executive as there is a wide difference between theory and practice. In terms of law, the head of state may be the source of authority, but his legal function has become obsolete. As what Blum W.T. have said: The nominal executive may be either a monarch or an elected President. What makes him a 'nominal' executive is the fact that he does not enjoy any real powers. He is just a constitutional figurehead, performing some ceremonial duties but enjoying little or no powers, though the entire administration is carried on in his or her name (1971).

In the parliamentary system of government, the roles of the head of state and the head of government are played by two distinguish people. Take Malaysia for example. in Malaysia, the states are using a parliamentary system of government. So the there are two top executive in the administration of the state which are the head of state who are the nominal executive and the head of government who are the real executive. In Malaysia, the role of the head of state is played by the Yang Di-Pertuan Agong. They are elected by the Conference
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of Rulers in every five years. The newest Yang di-Pertuan Agong in Malaysia now is Tuanku Abdul Halim Mu'adzam Shah ibni Sultan Badlishah. As a nominal executive, his power to rule as an executive is limited by the federal constitution of Malaysia which has said that: In the exercise of his functions under this Constitution or federal law the Yang diPertuan Agong shall act in accordance with the advice of the Cabinet or of a Minister acting under the general authority of the Cabinet, except as otherwise provided by this Constitution; but shall be entitled, at his request, to any information concerning the government of the Federation which is available to the Cabinet (art. 40).

Unlike the parliamentary system, in the presidential system, the role of the head of state and the head of government is played by the same person. For example, the United States of America, the head of state and the head of government is played by the President of the state, Barack Hussein Obama II. As president, he played the role as a figure-head of the state and do the ceremonial event and he even have the power to govern his state. Unlike some head of state in the parliament system who are appointed by hereditary, the president in the government are elected using the indirect election in order to be the head of state of the government. They are elected by the Electoral College who is chosen by the citizen of the state. The college are the representatives who are elected by the population from each state. The number of the college is depending on the size of each state and each candidate is elected using the popular direct election.

3.2 REAL EXECUTIVE Unlike the nominal executive who are just a figure-head of the state, the real executive has actual powers and is directly involve in the administration of the country. In other words, they are the head of government for the state which they govern. As the head of government, they are the real executive because they are the one who has actual control over the country and make the decisions and policies for the state. By this, it shows that the real executive have the real power to govern and execute the policies towards the state compared to the nominal executive who are just an executive in name, but actually holds no power at all in administrating the state. Usually, the real executive is the one who become the prime minister or president. However, the monarchs who are still enjoying their absolute power as they do in Brunei or Saudi Arabia are also the real executive for their state.

In parliamentary system, the head of government are appointed by the King from among the leaders of political party or coalition of political parties that have secured a simple majority of support in the lower house, the House of Representatives (Governing Malaysia, pg.91). For example in Malaysia, the Prime Minister is appointed by the Yang di-Pertuan Agong among the leaders of Barisan National Party as that party have secured a simple majority of support in the House of Parliament (Dewan Rakyat) by winning 2/3 of seats in the House of Parliament. The prime minister then, will appoint the cabinet ministers. The cabinet is the supreme policy making body in and policy of the government is formulated by the cabinet and the implementation of policies is the individual responsibility of each minister, who is assisted by the civil service (Governing Malaysia, pg.117). The cabinets are actually led by the Prime Minister. In parliamentary system of government, the prime minister is the real executive because he is the one who rule the government by implementing the government policies. By implementing the government policies, means that he control the

cabinets that makes and implement the policies for the government under his supervision. He also makes the decision whether the policies that are made by the cabinets should or should not be implemented. Besides that, as Prime Minister, he is also the leader of two out of three branches of government which is the executive and the legislative branches because

Malaysia exercise the fusion of power which also shows that the prime minister is a very powerful person as a real executive of Malaysia.

In presidential system, the head of state and head of government are fused into a single office. The president is thus also the symbolic leader of the nation, as well as heading the day to day business of running administrative departments. By contrast with ruling monarchies, however, presidencies do not have dynastic accession in attaining office by the bloodline over more than two generations, and, although a few have declared themselves presidents-for-life, they usually hold power for a constitutionally fixed term of office. Take U.S.A for example, the president of U.S.A are elected by using the indirect election because they are elected by the Electoral College. The college is composed of a number of delegated electors drawn from each state, depending upon its population size each delegate is committed to voting for a specified candidate determined by the popular vote in each state. As a real executive, unlike the Prime Minister in the parliamentary system of government, the president can only involve in the executive branch of government. Even though its like that, the president is still a real executive because his role as a president is very wide as he also can control the military of the state.

COUNTRY
MALAYSIA CANADA UNITED STATES UNITED KINGDOM INDIA BANGLADESH GERMANY JAPAN THAILAND PAKISTAN SINGAPORE

HEAD OF STATE
KING GOVERNOR GENERAL PRESIDENT MONARCH PRESIDENT PRESIDENT PRESIDENT EMPEROR KING PRESIDENT PRESIDENT

HEAD OF GOVERNMENT
PRIME MINISTER PRIME MINISTER PRSIDENT PRIME MINISTER PRIME MINISTER PRIME MINISTER CHANSELOR PRIME MINISTER PRIME MINISTER PRIME MINISTER PRIME MINISTER

Figure 3.1 Nominal and Real Executive

3.3 SINGLE EXECUTIVE Executive power or authority is only lies in one hand of the particular single executive of the state. It means, in a decision making process or a discussion on solving any problem that occurred in a particular state, only that particular monarch will have the final say at the end of discussion because only him who has the final authority. In a simpler word, what the leaders said goes. The executive is organized on the theory that one bad general is better than two. The responsibility of single executive is undivided. A single executive occurs in a condition where a single person can, in the last alternative, apply an important and a final autonomy. Here, any orders that are come out from his mouth must be implemented and the governed must obey what he has commanded to them in that fastidious state. No matter how much the monarch has discussed on governing the public affairs with his boards of director, he would still be the one who make the ultimate decision. Other than that, since the monarch has the absolute power to control and govern his people, this has made the other two branches which are the legislative and judiciary has no function in the government of the state. This happen because the monarch is acting as the legislative and also as the judiciary. In addition, this is where centralization of power happened.

For example, in Libya, we can make Muamamar Gaddafi, the Prime Minister of Libya as an example for single executive because he was the one and only one who controlled all the affairs happened in the state. The state was ruling by him and all of decision making is from itself. Muammar Gaddafi shows us the single executive by implement the Muammar Gaddafi constitution. The laws have been written in the constitution must be followed by the entire citizen. This kind of executive is more to the autocracy system were the monarch not shared the power with the people. What the monarch says goes because the monarch exercises the ultimate authority as head of state and also head of government. The single

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classification of executive has a same concept with an absolute power because they control totally the government. No mechanisms to represent people. Public policy is a reflection of the wishes and desire of monarch. Among the few nations where the monarch still claims the power of both of head of state and government are Brunei, Oman, Saudi Arabia, and The United States of America.

3.4 MERITS AND DIMERITS OF SINGLE EXECUTIVE 3.4.1 MERITS OF SINGLE EXECUTIVE The single executives are prompt, vigorous and more powerful as authority is not divided. This type of executive gives the government many benefits because rather than many people who are unnecessary to involve in the government or the house of parliament where would make them spend a lot of money as they are discussing about public affairs, they could instead form an inexpensive government because they need nobody else to check and balance the decision made with. As the government is divided into three branches that consisted many departments, more expenses incurred to sustain the system. Thousands of people with a different specialization and expertise are employed to work in the system. The maintenance of the remuneration of all the three branches personnel needs a lot of money. Furthermore, by using this type of executive, the process of decision making is faster and more effective because all we need to refer to the only one person. We do not need to see many people also no need to fill many forms and it takes a short time in making policies or any decisions.

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3.4.2 DEMERITS OF SINGLE EXECUTIVE The demerits of single classification of executive are cause a misuse a power. When the executive is the only one who is ruling a government, they will get addicted to the power them holding and also might use the power for their own benefits and interest. Therefore, the publics welfare in the state is ignored. In a single classification, they unstable because single is to one decision making and that unstable because two is better than one in making decision. Just imagine, if many people involved in decision making we can collect their opinion and justify the best ways we can take. Other, people does not know their act is right or not without takes any opinion from others. Rules frequently come to power by force or violence. They force people agree with the monarch even the monarch doing a strongly wrong in making something to their government.

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3.5 PLURAL EXECUTIVE The plural or collegial executive means that the executive power is a vested not in one hand man but in a council of members, each of member is roughly equal in status and none subordinates to the other. The power of the executive is divided among a number of people. The plural executive exercised a separation of power. Their delegate a power and involved many people in making a decision and in term to run a government. The concept of plural is occurs when there is a collective responsibilities between the cabinet and the civil services. The cabinet is a body that formulating policy, while the civil services or the administrative departments of government is executing and enforcing the laws and orders. They act under a prime minister and both responsible to the parliament. The body of executive in a plural classification divided into two bodies which one political and the other one is non-political.

The example of political bodies is a prime minister, this executive member must implement the laws or policies, while a non-political is work as a public servants run what the prime minister ask and fulfill the people demand. This concept of plural use a concept give and take, where a prime minister gives a orders such implement a new policies to the citizen, the people need to followed the instruction. In the other hand, when the public have a problem and they will tell the public administrator and the public servant must tell the cabinet ministers what their action to solve it. The public servant is the intermediaries between government and public and also shows how the executive send their power to many. The government uses a concept of representative to do their works.

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Prime Minister

POLITICAL EXECUTIVE (Non-permanent)

Ministry Ministry of defense Ministry Ministry

NON-POLITICAL EXECUTIVES (Permanent) Figure 3.2 Political and non-political executive in plural type of government
TUDM ATM TLDM

3.6 MERITS AND DEMERITS OF PLURAL EXECUTIVE 3.6.1 MERITS OF PLURAL EXECUTIVE The merits of plural executives are it is avoiding a domination of power and it thwarts the possibility of dictatorship. It brings to the state a higher degree of ability. There would be an end of everything were the same manor the same body whether of the troubles or of the people, to exercise those three power that of enacting law, that of executing the public resolutions and try of trying the causes of individuals, (A. Appadoral, 1982). It is very dangerous if power is dominated by one person or a few persons or a group of people as the people with the power suppress the people without power.

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3.6.2 DIMERITS OF PLURAL EXECUTIVE The demerits are it lacks of promptness of decision and singleness of purpose and also it weak due to division of responsibility. The decision making by many will takes a long time, to making a decision. The turn to red tape because we need to filled many form with many information and too detail. And to many people works as a public servant make an expensiveness of government because the government needs to pay their salaries. Thousands of people with a different specialization are employed to work in the system. The system of plural is involved too many people and that makes a certain people take an advantages because they not seriously carry out their duties and responsibilities.

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4.0 CONCLUSION
In conclusion, we all should know that the executives are a very important element that must have in a government structure. Without executive, a state would be a chaos because there is no one to implement all the government policies and also the rules and regulation towards the citizen. In this assignment, we have learnt that there are many classifications for the type of executive such as nominal, real, single and plural. In these classifications, we finally knew what a nominal and real executive is as they are the head of state and the head of government for the state. These executive have two distinguish duty which the nominal executive are just a figurehead for the state who only perform a ceremonial duty and the real executive, the one who did all the ruling in the state and also the one who actually implemented the government policies. Besides that, we also learn about single and nominal executives. We finally know that by single executive, it means that the single person can, in the last resort, exercise a decisive and final authority. What the rulers says goes and the state that have single executive, are usually the state which implement the dictatorship or absolute monarchy. Finally, we also learn about the plural executives. This means that there is a collective responsibility between the Cabinet and the Civil Service while implementing the government policies towards the citizens of the state. All these classifications have help the executives in many way so that the executive could rule the state. Because of that, we must learn about these classifications so that we could know more about our own state.

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5.0 REFERENCE
BOOKS T.A. Baylis. 1989. Governing by Committee: Collegial Leadership in Advanced Societies. Albany: NY: State University of New York; Michael Laver and Kenneth Shepsle. Eds. 1994. Cabinet Ministers and Parliamentary Government. Cambridge: Cambridge University Press. Andr Blais, Louis Massicotte and Agnieszka Dobrynska. 1997. Direct presidential elections: A world summary. Electoral Studies 16(4): 441-455. For details, see John M. Carey. Presidentialism and representative institutions. In Constructing Democratic Governance in Latin America Eds. Jorge I. Dominguez and Michael Shifter. Washington DC: Johns Hopkins Press.

WEB SITES Center for American Progress. "Bush's Legal Obligation to Tell Congress about $700M for Iraq. http://www.americanprogress.org/site/pp.asp?c=biJRJ8OVF&b=4. (accessed on February 24, 2005).

CNN.com. "Homeland Security Nominee Withdraws. "http://www.cnn.com/2004/ALLPOLITICS/12/10/kerik.withdraws/ (accessed on February 24, 2005).

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