2. RESPONSIBLE GOVERNMENT
• There is no strict separation between
executive & legislative branch of
government. The executive must
come from the legislative branch.
The Government is an integral part of
Parliament. Examples are UK &
Malaysia.
3. INDEPENDENT GOVERNMENT
• There is clear separation between
executive & legislative branch of
government. The executive cannot be
members of the legislative branch.
Example is the United States of America.
Each branch of the government –
executive, legislative & judiciary are
independent & provide the check &
balances to each other.
4. DISTINCTION
RESPONSIBLE GOV
1. Separation of
Powers
No strict separation
between executive &
legislative branch of gov.
In M’sia, Art 43(2)
requires the PM to belong
to the Dewan Rakyat &
other cabinet ministers to
belong to either House.
The motive force of the
Constitution is a
conjunction & not
INDEPENDENT GOV
1. Separation of
Powers
Clear separation
between executive &
legislative branch of gov.
In the US, the President
& his Cabinet are not &
cannot be part of the
Congress. There is strict
institutional separation
between executive &
Parliament.
5. DISTINCTION
RESPONSIBLE GOV
2. Accountability to
Parliament
Executive part of
parliament & answerable
to Parliament for their actions.
Questions can be asked by
the
MP’s. In M’sia, the gov. is
required by Art 43(3) to be
collectively responsible to
Parliament during debates &
the daily question & answer
INDEPENDENT GOV
2. Accountability to
Congress
In the US, the gov. is
separate from & independent
of the legislature. The
President’s advisors do
not participate in
congressional debates but
conventionally they appear
before congressional
committees to explain policies
& programmes.
6. DISTINCTION
RESPONSIBLE GOV
3. Divided
Government
INDEPENDENT GOV
3. Divided
Government
In a parliamentary
system, the Government
must enjoy the
confidence of the lower
House as a precondition
of its accession to &
continuation in power.
In the US, a ‘divided
government’ is a distinct
possibility with one party
controlling the Congress &
another occupying the White
House. Example: President
Clinton was a Democrat, both
Houses of Congress were controlled
by the Republicans. President
George Bush is a Republican. Both
7. DISTINCTION
RESPONSIBLE GOV
INDEPENDENT GOV
4. Cabinet
Appointments
4. Cabinet
Appointments
PM must appoint his
cabinet members from the
MPs of Dewan Rakyat or
Dewan Negara. However,
the PM can recruit
distinguished outsiders by
appointing them to the
Senate as a prelude to a
The US President can
appoint anyone as
members of his cabinet
as long as they are not
members of the US
Congress (The US
Senate & US House of
Representatives)
8. DISTINCTION
RESPONSIBLE GOV
5. Security of Tenure
INDEPENDENT GOV
5. Security of Tenure
In M’sia, Art 43(4), the PM
& his gov may be voted
out of office. Alternatively
the PM’s majority may
disappear his supporters
‘cross the floor’ to join the
opposition. Example –Datuk
The American President
has security of tenure.
He is elected for four
years & the terms is
guaranteed.
Pairin Kitigan in Sabah in early
90s. The bane of party-hopping
& votes of no-confidence
produce much instability in
9. DISTINCTION
RESPONSIBLE GOV
6. Number of Terms
No limits place of term of
office of PM. They can
remain as long as they
continue winning the
general election. Examples –
Tun Dr Mahathir was the PM for over
22 years, Lee Kuan Yew of
Singapore was in the office for 3
decades. Jawaharlal Nehru & Indira
Gandhi of India & Margaret Thatcher
of the UK led their nations for 13 to
15 years. Such lengthy tenures
provide continuity of leadership but
INDEPENDENT GOV
6. Number of Terms
Limits are placed on the
term of office of the US
President. A person
elected as US President
can only serve the
maximum of 2 terms of 4
years each.
10. RESPONSIBLE DISTINCTION
GOV
INDEPENDENT GOV
7. Maintaining
Confidence
7. Maintaining
Confidence
PM & his cabinet may be
removed from office by a vote
of no confidence at the Dewan
Rakyat [Article 43(4)]. In
Malaysia, no PM has ever been
removed by a vote of no
confidence. At the state level,
US President & his cabinet
cannot be removed by a vote
of no confidence by Congress.
The US President can only be
removed by Impeachment
Process (in the lower House)
& conviction by a 2/3 majority
Stephen Kalong Ningkan in Sarawak (in the upper House). President
in 1996, Dato’ Hj Harun Idris in
Selangor in 1976 & Dato’ Hj Nasir in
Kelantan in 1977 were the victims of
Andrew Johnson was impeached in
1868 but escaped conviction by one
vote. Impeachment proceedings
11. DISTINCTION
RESPONSIBLE GOV
8. Split Executive
Head of State & Head of
Government is not the same
person.
In Malaysia, Head of State is
the YDPA while the Head of
Government is the PM. The
existence of ‘split executive’
is a potential safeguard
against abuse of power by
the political executive. But
also a source of conflict.
Example: the dismissals of PM
Gough Whitlam by GovernorGeneral Sir John Kerr in Australia
& of Benazir Bhuto & Nawaz Sharif
INDEPENDENT GOV
8. Split Executive
Head of State & Head of
Government is the same
person. In the US, the
President is both the
Head of State & Head of
Government.
12. DISTINCTION
RESPONSIBLE GOV
INDEPENDENT GOV
9. Members of
9. Members of
Parliament
Congress
The PM & the majority
controlling the Dewan
Rakyat comes from the
same political party.
The US President & the
majority controlling the US
Congress may not come
from the same party.
Example during most of
President Clinton’s
presidency, the US
Congress was controlled by
the Republicans while the
13. DISTINCTION
RESPONSIBLE GOV
10. Popular Mandate
The
INDEPENDENT GOV
10. Popular
Mandate
The American
President is elected by
the entire nation.
parliamentary government, the
PM is not popularly elected.
The PM is an ordinary MP
elected to represent a
parliamentary constituency. His
appointment by YDPA under
Art 43(2) on the ground he &
Note: Direct election
system – voters directly
cast ballots for the
person.
14. DISTINCTION
RESPONSIBLE GOV
11.Executivelegislative
Cooperation
INDEPENDENT GOV
11.Executive-legislative
Cooperation
Cooperation between US
President & the Congress not
Cooperation between the
Executive & Legislative are ensured because they may
ensured as they come from come from different political
parties. Sometimes this can lead
the same political party.
to deadlocks that can cripple the
This ensures strong &
running of the Government.
effective government.
Downside, the executive
Example in Oct 1990 there was
dominates fiscal & legislative
temporary paralysis in the Bush
matters to such an extent that
government because of failure to
many commentators suggest that
secure the passage of the
15. DISTINCTION
RESPONSIBLE GOV
INDEPENDENT GOV
12. Dissolution of
Parliament
12. Dissolution of US
Congress
The PM can at any
time request to the
YDPA to dissolve
Parliament in order to
hold general elections.
US President cannot
dissolve US Congress even
in times of war or
emergency.
Note: Congress has
constitutional power to
declare war, raise &
16. DISTINCTION
RESPONSIBLE GOV
INDEPENDENT GOV
13. Positive
13. Positive Feature
Feature
It produces an effective
It produces strong &
check & balance between
effective government. organs of state.
Legislative cooperation Power checks power.
between government &
parliament is assured
with a stable majority
in the lower House.
17. DISTINCTION
RESPONSIBLE GOV
INDEPENDENT GOV
14. Drawback (-ve)
13. Drawback (-ve)
The executive tends to
‘capture’/control the
legislative process.
Debates & motions by
MPs not effective, the
executive has its way.
Ministerial
responsibility to
Parliament is more
It leads to constant clashes
between the executive & the
legislature.
The delays & stalemates,
the gridlocks & deadlocks
often cripple the machinery
of government.
18. Impeachment Proceedings
• ‘The President, Vice President and all civil
Officers of the United States, shall be removed
from Office on impeachment for, and
Conviction of, Treason, Bribery, or other high
Crimes and Misdemeanors.’
(Article II, Section 4, US Constitution)
19. Impeachment Proceedings
1. House of Representatives
• Issue an impeachment resolution against the President
• Submits it to the Judicial Committee of the House
2. Judicial Committee of the
House
Considers whether it merits referral to the whole House
for voting on starting a formal impeachment inquiry.
20. Impeachment Proceedings
3. House of Representatives
• Vote for or against inquiry (simple majority)
4. Judicial Committee of the
House
Conducts investigation to determine whether there is
enough evidence to impeach the President.
Draft articles of impeachment based on the evidence.
Vote on each article to determine whether it should be
brought before the whole House.
21. Impeachment Proceedings
5. House of Representatives
• Vote on whether the articles merit a trial in the Senate (simple majority)
• If approval for any of the articles, President technically impeached and
matter referred to Senate.
• Appoint members to act as prosecutors.
6. Senate
Conducts investigation to determine whether there is
enough evidence to impeach the President.
Draft articles of impeachment based on the evidence.
Vote on each article to determine whether it should be
brought before the whole House.
22. IMPEACHMENT PROCEEDINGS In the US
History
• President Andrew Johnson (17th President)
appointed after President Lincoln’s assassination in
1865.
• Due to the removal of the Secretary of War, E.M.
Stanton which was against the Tenure of Office Act
(requiring consent of Senate before President can
remove office holders appointed with Senate
confirmation) – high misdeamenors.
• During the vote in the Senate, one vote short of the
2/3rd required to impeach. (35-19)
• Remained as President for remainder of the term.
23. IMPEACHMENT PROCEEDINGS In the US
History
• President Richard Nixon (37th President)
• Due to the Watergate Scandal – prevented, obstructed & impeded
the administration of justice.
• The House Judiciary Committee approved its first article of
impeachment charging President Nixon with obstruction of justice.
• A few days later the Committee approved its second article
charging Nixon with abuse of power. The next day, the third and
final article, contempt of Congress, was approved.
• Nixon resigned the presidency & avoided the likely prospect of
losing the impeachment vote in the full House and a subsequent
trial in the Senate. He became the only US President ever to resign.
Vice President Gerald R. Ford succeeded him.
24. IMPEACHMENT PROCEEDINGS In the US
History
• President William Jefferson Clinton (42th
President)
• Due to the Monica Lewinsky scandal.
• Impeachment articles for perjury, obstruction
of justice & abuse of power.
• Failed to secure the necessary 2/3rd majority
for conviction in the Senate.
• Continued in office until the end of his term of
office.
25. Succession to
the US Presidency List
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Vice President
Speaker of the House
President Pro Tempore of the Senate
Secretary of the State
Secretary of the Treasury
Secretary of Defense
Attorney General
Secretary of the Interior
Secretary of Agriculture
Secretary of Commerce
26. Succession to
the US Presidency List
11. Secretary of Labor
12. Secretary of Health & Human Services
13. Secretary of Housing & Urban Development
14. Secretary of Transportation
15. Secretary of Energy
16. Secretary of Education
17. Secretary of Veterans Affairs
27. MALAYSIAN PARLIAMENT
• Art 45: Dewan Negara consists of 70 Senators.
(44 appointed by YDPA + 26 elected by the
State Assemblies (2 members for each State
elected)
• Art 46: Dewan Rakyat consists of 222 elected
members.
