Subnational constitutionalism in Malaysia: weak states in a strong federation

Malaysia presents the conundrum of 13 states which are faced with a strong central government in a federation that is also complicated by a significant asymmetry of powers between 11 original states and two later states with greater autonomy. The federation comprises 13 states and three federal territories located on two separate landmasses. The dominant group in Peninsular Malaysia are the Malays, who are collectively Muslims. Malaysian politics is mainly race-based. Political parties, however, tend to form coalitions which offer consociational government to accommodate the interests of all groups. The Federal Constitution determines the federal-state distribution of powers. Schedule 9 prescribes three detailed legislative lists: the ‘Federal List’ for exclusive federal powers, the ‘State List’ for exclusive state powers and the ‘Concurrent List’ for shared powers. The transition to a democratic independent Federation of Malaya forced the creation of a ‘true’ federation.