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4.

0 DIFFERENCES BETWEEN MALAYSIA AND SINGAPORE

4.1 Self-autonomy (Independent power)

Self-autonomy may refer to how a given territory of a nation may rule itself. An area may

be given the right to rule itself to some extent, but it does not have complete sovereignty. Such

areas may be referred to as autonomous regions. To be completely autonomous means to be

independent. Autonomy also is about the ability to act on his or her own values and interests.

Taken from ancient Greek, the word means ‘self-legislation’ or ‘self-governance.’ Looked at

psychologically, autonomy is made up of a set of skills and attitudes. Relevant skills include the

ability to reason, to appreciate different points of view, and to debate with others. In order to do

these things, the autonomous country must have a sense of self-worth and self-respect. Self-

knowledge is also important, including a well-developed understanding of what matters to the

country. In governmental parlence, autonomy refers to self-governance. An example of an

autonomous jurisdiction was the former Malaysia governance can be clarify under the state of

Melaka,there can generate their own income or revenue without interference from federal

government through fine and tax imposed to the public within the Melaka region.Every state

have a consent by the federal government to allow them to gained their own state income.

Differences self-autonomy under country of Singapore which is exercise a Unitary system contra

with the federal system. For example Central government stated out or already setup the sources

of revenues for each their provinces.

4.2 Decision Making

Under Malaysia federal system which emphasize division of power between the federal

government and the state government is stipulated in the provision of federal constitution .The

division of power from the aspect of Territory & Function will form central government & state

government. The divisions are allocated with an administration mechanism that will perform its
givens function. Beside that, The areas will be divided into several divisions that have certain

functions of their own decision making.In some circumstances the federal government will also

not interfere on decision making of the state government unless the decision making is found

breach of certain rule and regulation according to federal constitution.For example , state and

province government can punish their own resident based on their own state law. While

according to decision making under Singapore which emphasizes a unitary system, an decision

making is based on central government including fine,punishment and penalty towards the issue

of civil and criminal violation. All the single rules and regulation need to be obey and followed

which has been made by the central government.

4.3 Delegation of power

Delegation of powers, in law, the transfer of authority by one person or group to another

person or group. Delegation of powers is the act whereby a political authority invested with

certain powers turns over the exercise of those powers, in full or in part, to another authority.

Accordingly, the powers of the delegate are precisely those that belonged to the delegant, and the

actions performed in virtue of the delegation have the same juridical nature as if they had been

performed by the delegant himself. Delegation can, be regarded as permission or authorization;

rather, it is a transfer of power.Under Malaysia federal system, Delegation is the assignment of

any responsibility or authority from federal governemnt to state government.therefore, the state

has authority to create their own by law to implemented within their region.for example,Kelantan

implemented to their citizen in the region to obey their attire ethic. While according to the

Singapore which emphasizes unitary system, every single law,rules and regulation will be

implemented by the central government.there is only one rules and no bio law can be emphasizes

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4.4 Jurisdiction of court

Judiciary of Malaysia is largely centralised despite Malaysia's federal constitution,

heavily influenced by the English common law and to a lesser extent Islamic law. There are

generally two types of trials, criminal and civil. The hierarchy of courts begins from the

Magistrates' Court, Sessions Court, High Court, Court of Appeal, and finally, the Federal Court.

The level of each court have their own rules and regulation.For example, The two High Courts in

Malaysia have general supervisory and revisionary jurisdiction over all the Subordinate Courts,

and jurisdiction to hear appeals from the Subordinate Courts in civil and criminal matters.The

High Courts have unlimited civil jurisdiction, and generally hear actions where the claim exceeds

RM1,000,000, other than actions involving motor vehicle accidents, landlord and tenant disputes

and distress. This is diference with court of appeal system and services ,which The Court of

Appeal generally hears all civil appeals against decisions of the High Courts except where

against judgment or orders made by consent. In cases where the claim is less than RM250,000,

the judgment or order relates to costs only, and the appeal is against a decision of a judge in

chambers on an interpleader summons on undisputed facts, the leave of the Court of Appeal must

first be obtained.The Court of Appeal also hears appeals of criminal decisions of the High Court.

It is the court of final jurisdiction for cases which began in any subordinate courts.if there has a

new cases,the court will make their own decision making. While in Singapore(unitary system), if

there has a new cases arises,the court must refer to the central government for decision.there are

not allowed to make their own decision making process.