scholarly journals Federalism Concepts and Issues in Managing the Malaysian Water Sector

2018 ◽  
Vol 7 (3.30) ◽  
pp. 163
Author(s):  
Rasyikah Md Khalid ◽  
. .

Federalism refers to an agreement between several states which agree to be united as a nation state but with shared administrative responsibility. Under the dual federalism theory, the federal and the state governments are co-equals with specific powers granted by the constitution. In contrast, cooperative federalism denotes that although the federal government is supreme over the states, both acts cooperatively to solve common problem. Malaysia practices dual federalism as legislative powers of the federal and state governments are separated in the Federal Constitution. Rather than fostering cooperation, dual federalism in Malaysia has created tension between different levels of governments in the water sector as highlighted in the Selangor water woes. This paper evaluates issues arising in the Malaysian water sector from the federalism perspectives. Towards this end, doctrinal analysis on relevant laws and commentaries are made to appreciate the meaning of federalism and different approaches towards federalism. The paper concludes that different approaches towards federal-state relation can assist in improving the water sector and solve water conflict between different levels of governments in Malaysia.   

Author(s):  
R. Kelso

Australia is a nation of 20 million citizens occupying approximately the same land mass as the continental U.S. More than 80% of the population lives in the state capitals where the majority of state and federal government offices and employees are based. The heavily populated areas on the Eastern seaboard, including all of the six state capitals have advanced ICT capability and infrastructure and Australians readily adopt new technologies. However, there is recognition of a digital divide which corresponds with the “great dividing” mountain range separating the sparsely populated arid interior from the populated coastal regions (Trebeck, 2000). A common theme in political commentary is that Australians are “over-governed” with three levels of government, federal, state, and local. Many of the citizens living in isolated regions would say “over-governed” and “underserviced.” Most of the state and local governments, “… have experienced difficulties in managing the relative dis-economies of scale associated with their small and often scattered populations.” Rural and isolated regions are the first to suffer cutbacks in government services in periods of economic stringency. (O’Faircheallaigh, Wanna, & Weller, 1999, p. 98). Australia has, in addition to the Commonwealth government in Canberra, two territory governments, six state governments, and about 700 local governments. All three levels of government, federal, state, and local, have employed ICTs to address the “tyranny of distance” (Blainey, 1967), a term modified and used for nearly 40 years to describe the isolation and disadvantage experienced by residents in remote and regional Australia. While the three levels of Australian governments have been working co-operatively since federation in 1901 with the federal government progressively increasing its power over that time, their agencies and departments generally maintain high levels of separation; the Queensland Government Agent Program is the exception.


2008 ◽  
pp. 2439-2451
Author(s):  
Robert Kelso

Australia is a nation of 20 million citizens occupying approximately the same land mass as the continental U.S. More than 80% of the population lives in the state capitals where the majority of state and federal government offices and employees are based. The heavily populated areas on the Eastern seaboard, including all of the six state capitals have advanced ICT capability and infrastructure and Australians readily adopt new technologies. However, there is recognition of a digital divide which corresponds with the “great dividing” mountain range separating the sparsely populated arid interior from the populated coastal regions (Trebeck, 2000). A common theme in political commentary is that Australians are “over-governed” with three levels of government, federal, state, and local. Many of the citizens living in isolated regions would say “over-governed” and “underserviced.” Most of the state and local governments, “… have experienced difficulties in managing the relative dis-economies of scale associated with their small and often scattered populations.” Rural and isolated regions are the first to suffer cutbacks in government services in periods of economic stringency. (O’Faircheallaigh, Wanna, & Weller, 1999, p. 98). Australia has, in addition to the Commonwealth government in Canberra, two territory governments, six state governments, and about 700 local governments. All three levels of government, federal, state, and local, have employed ICTs to address the “tyranny of distance” (Blainey, 1967), a term modified and used for nearly 40 years to describe the isolation and disadvantage experienced by residents in remote and regional Australia. While the three levels of Australian governments have been working co-operatively since federation in 1901 with the federal government progressively increasing its power over that time, their agencies and departments generally maintain high levels of separation; the Queensland Government Agent Program is the exception.


2021 ◽  
Vol 4 (4) ◽  
pp. 195-200
Author(s):  
Celia dos Santos Silva ◽  
Marcio França Teixeira ◽  
Cleberson Aparecido de Morais Silva

This paper deals with Cooperative Federalism and its reflexes on public health. Federalism is a form of state that is characterized by the union of autonomous states. The Federal State is, therefore, an alliance or union of States. The formation of the Brazilian Federal State is characterized by the centrifugal movement, that is, part of the one for the parts that are classified as federative entities: Union, States, Federal District and Municipalities. The purpose of this article was to explain the issues related to federalism and competing competences provided for in the Federal Constitution. As a method, it was developed from the perspective of a qualitative approach of bibliographic character based on existing publications and the use of Brazilian legislation. As a result and conclusion, it was observed that in the beginning of the year 2020 and 2021 it brought more than any citizen could imagine in the most expansive and optimistic for a new year. The federal government at other times had and still has acentralizing role. Governors acted, others less so. In short, there was and is a major crisis in federalism, originating from the urgent need for measures to be taken with a view to protecting the health of the administrated. And that was done. Several measures have been taken, but often reaching third party competencies or limiting those competencies. It is hoped that this article may generate guidelines for new discussions and reflections for new studies.


2019 ◽  
Vol 53 (6) ◽  
pp. 1040-1066
Author(s):  
Okechukwu Marcellus Ikeanyibe ◽  
Patrick Chiemeka Chukwu ◽  
Jide Ibietan

Abstract Nigeria struggles to establish and sustain cooperative, interdependent state-local intergovernmental relations (IGR) by providing for the powers and rights of local governments in the federal constitution. Despite the provisions, the practice of state-local IGR has remained inclusive, hierarchical, dependent and competitive. This paper investigates the extent to which constitutional provisions determine state-local relations as against the macrostructure of intergovernmental relations between the federal government and states. The authors argue that it is difficult to expect a cooperative, interdependent, state-local IGR through constitutional provisions of the powers and rights of local governments, if the federal-state relations, which should be the determining framework of IGR is inclusive, hierarchical and dependent. The paper suggests that the lower forms of IGR in a federation (e.g. the state-local IGR), largely depend on the super-structure, which is that between the federal government and the lower tiers. The implication is that the level of autonomy enjoyed by local governments largely depends on the level of autonomy the states themselves enjoy.


2019 ◽  
Vol 53 (6) ◽  
pp. 1040-1066
Author(s):  
Okechukwu Marcellus Ikeanyibe ◽  
Patrick Chiemeka Chukwu ◽  
Jide Ibietan

Abstract Nigeria struggles to establish and sustain cooperative, interdependent state-local intergovernmental relations (IGR) by providing for the powers and rights of local governments in the federal constitution. Despite the provisions, the practice of state-local IGR has remained inclusive, hierarchical, dependent and competitive. This paper investigates the extent to which constitutional provisions determine state-local relations as against the macrostructure of intergovernmental relations between the federal government and states. The authors argue that it is difficult to expect a cooperative, interdependent, state-local IGR through constitutional provisions of the powers and rights of local governments, if the federal-state relations, which should be the determining framework of IGR is inclusive, hierarchical and dependent. The paper suggests that the lower forms of IGR in a federation (e.g. the state-local IGR), largely depend on the super-structure, which is that between the federal government and the lower tiers. The implication is that the level of autonomy enjoyed by local governments largely depends on the level of autonomy the states themselves enjoy.


2018 ◽  
Vol 29 (2) ◽  
pp. 250-262
Author(s):  
Braham Dabscheck

This review article discusses MacLean’s study of the ideas of a group of economists and their embracing by an oligarchy of business groups to implement a Neoliberal agenda and its implications for American democracy. It mainly focuses on the Nobel Prize winning economist James McGill Buchanan and the industrialist Charles Koch. Business groups provided funds to Buchanan and others to train right-minded people in the precepts of Neoliberalism, established think tanks and institutes to disseminate their views, and ‘directed’ and/or provided advice and draft legislation for Republican politicians at both the state and federal level. Inspiration for how to achieve this Neoliberal ‘revolution’ can be found in Lenin’s 1902 What is to be Done?. The Neoliberal attack on government and statism is consistent with Orwell’s notion of doublethink. It constitutes a weakening of those parts of the state which are inimical to the interests of a wealthy oligarchy, the federal government and agencies/government departments who are viewed as imposing costs (taxes) on and interfering with (regulating) the actions of the oligarchy, and strengthening other parts such as state governments, the judiciary, at both the state (especially) and federal level and police forces to protect and advance their interests. JEL codes: B10, B22


Significance The move follows the Senate's failure again yesterday to agree on spending priorities and immigration, the same policy disagreements which prevented a spending deal being passed by midnight on January 19. This has thrown the federal government into its first shutdown since 2013. Impacts Trump's support for "comprehensive immigration reform" may not hold. If US economic growth continues, this may push up illegal immigration, absent security enhancements. Challenges from the state governments over immigration reforms are possible. If Republicans are seen as anti-immigrant, gaining non-traditional constituencies' votes, including minorities, will be hard.


1978 ◽  
Vol 10 (8) ◽  
pp. 923-935
Author(s):  
L H Wang

The paper examines the fiscal arrangement between the Federal Government and the State Governments of Peninsular Malaysia. The transfer of federal grants as a form of fiscal adjustment fails to equalize regional fiscal imbalance, as the allotment system favours the rich states. This increases regional growth differentials of the country.


2019 ◽  
pp. 42-48
Author(s):  
O.F. Kadykova ◽  
A.P. Duzhnikov ◽  
T.N. Chuvorkina ◽  
A.V. Dolbilin

Авторами рассмотрена система правового обеспечения организации земельного надзора на региональном уровне, приведены результаты анализа деятельности государственных инспекторов по использованию и охране земель в Пензенской области, представлены нарушения земельного законодательства, определены основные направления повышения эффективности земельного надзора. Проведенный анализ правовых источников по исследуемой проблеме показал, что при осуществлении государственного земельного надзора применяются нормативно-правовые акты разного уровня. Согласно существующему законодательству государственный земельный надзор осуществляется специально уполномоченными федеральными органами исполнительной власти. Среди ведомств наибольшими полномочиями в области земельного надзора обладает Федеральная служба государственной регистрации, кадастра и картографии (далее Росреестр). На основе проведенного анализа основных показателей государственного надзора по Пензенской области определена эффективность деятельности Управления Росреестра. Рассмотрены показатели, характеризующие деятельность государственных инспекторов Росреестра по охране и использованию земель за 2015-2018 годы. Приводятся конкретные примеры нарушений земельного законодательства в регионе. Выявлено, что спорные ситуации, возникающие в ходе проведения проверок, связаны с самовольным занятием земельного участка или его использованием без соответствующих документов. Результаты анализа показателей результативности деятельности государственных инспекторов Росреестра по охране и использованию земель в регионе свидетельствуют, что исполнение государственной функции по государственному земельному надзору по Пензенской области находится в пределах нормы. Предлагаемые авторами контрольно-надзорные мероприятия позволят повысить эффективность земельного надзора в Пензенской области.The article presents the system of legal support for the organization of land supervision at the regional level, the results of the analysis of the activities of state inspectors on the use and protection of land in the Penza region are presented, violations of land legislation are presented, the main directions for improving the effectiveness of land supervision are identified. The analysis of legal sources on the studied problem showed that in the implementation of state land supervision regulatory and legal acts of different levels are applied. According to existing legislation, state land supervision is carried out by specially authorized federal executive bodies. Among departments, the Federal State Registration, Cadastre and Cartography Service (hereinafter referred to as the Rosreestr) has the largest powers in the field of land supervision. Based on the analysis of the main indicators of state supervision in the Penza region, the effectiveness of the Rosreestr Directorate is determined. The indicators characterizing the activities of state inspectors of the Rosreestr on the protection and land use for 2015-2018 are considered. Concrete examples of violations of land legislation in the region are given. It was revealed that controversial situations arising in the course of inspections are related to unauthorized occupation of a land plot or its use without appropriate documents. The results of the analysis of the performance indicators of the state inspectors of Rosreestr on the protection and land use in the region indicate that the performance of the state function of state land supervision in the Penza region is within the normal range. The control and supervision measures proposed by the authors allow to improve the effectiveness of land supervision in the Penza region.


ICR Journal ◽  
2019 ◽  
Vol 10 (2) ◽  
pp. 229-241
Author(s):  
Apnizan Abdullah ◽  
Mohamed Azam Mohamed Adil

Generally, halal matters in Malaysia are governed by piece-meal legislation, inter alia, the Trade Descriptions Act (TDA) 2011 and its by-laws, the Food Act 1983, Food Regulations 1985, state-issued fatwas, and the rules and guidelines promulgated by relevant authorities, whether under the federal or state governments. Consequently, as prescribed by the law, halal matters are assigned to various different entities. For instance, the Ministry of Domestic Trades, Cooperatives and Consumerism (KPDNHEP) supervises halal trade practices. Both the Department of Islamic Development Malaysia (JAKIM) and Islamic Religious Councils (IRCs) of the states take charge of the halal certification portfolio. The Halal Industry Development Corporation (HDC) handles services related to the internationalisation of halal products, whereas the Department of Standards Malaysia (DOSM) issues and revises time-relevant halal standards. This situation, however, may lead to the overlapping of mandates and confusion among industry players as to whether halal matters fall under the federal or state governments as prescribed in List II of the Malaysian Federal Constitution. Since Malaysia is at the global forefront of promoting the halal agenda, the Malaysian government must call for the centralisation of its regulatory framework to provide better supervision and harmonise practices in the industry. Hence, this paper discusses and deliberates on the legal and regulatory outlook of the country for the purpose of centralising halal matters under the federal government of Malaysia.


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