Federalism Concepts and Issues in Managing the Malaysian Water Sector

  • Authors

    • Rasyikah Md Khalid
    • . .
    2018-08-24
    https://doi.org/10.14419/ijet.v7i3.30.18220
  • Federalism, Water Sector, Malaysia.

  • Abstract

    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.

     

     

     

  • References

    1. [1] Birch AH (1957), Federalism, Finance and Social Legislation in Canada, Australia and the United States, Clarendon Press, Oxford 306.

      [2] Elazar, Exploring Federalism 7.

      [3] Wheare KC (1963), Federal Government, Oxford University Press, London, 14.

      [4] Kincaid J (1998), 'The Devolution Tortoise and the Centralization Hare', New England Economic Review 15.

      [5] Schapiro RA (2007), 'From Dualist Federalism to Interactive Federalism', Emory Law Journal 56(1), 4.

      [6] Young EA (2001), 'Dual Federalism, Concurrent Jurisdiction, and the Foreign Affairs Exception', 69 George Washington Law Review, 139-188.

      [7] Oates WE (1982), 'The New Federalism: An Economist's View', Cato Journal 475.

      [8] Schapiro RA (2007), 'Justice Stevens's Theory of Interactive Federalism', 74 Fordham Law Review, 2133.

      [9] Engel KH (2007), 'Harnessing the Benefits of Dynamic Federalism in Environmental Law', 56 Emory Law Journal, 161

      [10] Watts R (1970), Administration in Federal System, London: Hutchinson Educational Ltd, 45.

      [11] Sarnoff JD (1997), 'The Continuing Imperative (but Only from a National Perspective) for Federal Environmental Protection ', Duke Environmental Law & Policy Forum, 7(2), 242.

      [12] Fischman RL (2006), 'Cooperative Federalism and Natural Resources Law', 14 N.Y. U. Environmental Law Journal 142.

      [13] Weiser PJ (2001), 'Towards a Constitutional Architecture for Cooperative Federalism', 79 North Carolina Law Review, 665.

      [14] Pigram JJ.&Musgrave WF (1998), Murray-Darling Basin: Cooperative Federalism under Test in Australia. Conflict and Cooperation on Trans-Boundry Water Resources. Just, Kluwer Academic Publishers, 55

      [15] Council of Australian Governments, About Council of Australian Governments (2013).

      [16] Erk J (2004), 'A Federation without Federalism', Publius 34(1), 1.

      [17] Hearnshaw EJS, Tompkins J-M & Cullen R (2011), Addressing the Wicked Problem of Water Resource Management: An Ecosystem Services Approach. 55th Annual AARES National Conference. Melbourne, Victoria.

      [18] Allen, Gerald M, Gould & Ernest M (1986), Complexity, Wickedness, and Public Forests, Journal of Forestry (84)4, 20-24.

      [19] Davidson B &Malano H (2011),'Wicked Problems Demand Adaptive Responses: How Does the Murray Darling Plan Stack Up?' The Conversation http://theconversation.com/wicked-problems-demand-adaptive-responses-how-does-the-murray-darling-plan-stack-up-4584 (11 January 2014).

      Reid Commission, the Federation of Malaya Constitutional Commission, 37

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  • How to Cite

    Md Khalid, R., & ., . (2018). Federalism Concepts and Issues in Managing the Malaysian Water Sector. International Journal of Engineering & Technology, 7(3.30), 163-168. https://doi.org/10.14419/ijet.v7i3.30.18220

    Received date: 2018-08-25

    Accepted date: 2018-08-25

    Published date: 2018-08-24