Preview

Critically Analyse the Effectiveness of Doctrine of Separation of Powers with Latest Development in Malaysia.

Powerful Essays
Open Document
Open Document
1984 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Critically Analyse the Effectiveness of Doctrine of Separation of Powers with Latest Development in Malaysia.
Question 1
Critically analyse the effectiveness of doctrine of separation of powers with latest development in Malaysia.

Introduction
The doctrine of the separation of powers is defined as the constitutional principle that limits powers vested in any person or institution. In the doctrine of the separation of powers, it has been divided into three branches, which is a legislative, executive, and judicial power of a government. First of all, the legislative is talking about the making of laws; it also consists of the Parliament and the senate. Next, the executive is to place the law into operation, which is it is a branch that execute the business of the government, such as the President, Vice-Presidents, Prime Minister, the Cabinet, the Public Service, the Defence Forces, the Police Forces and other law-enforcement organisations. The executive branch is the most powerful branch for the government. Then, the judicial is used for explains the laws. It includes the Chief Justice, judicial officers, the courts over which they preside and other judges. Moreover, the doctrine of separation of powers is mentioned about the human rights and the liberty can prosper only the three branches sticks to its proper role. For example, the Executive, which is the President or a Minister make laws and execute them, then we no longer have the rule of law but the rule by the governmental system will tend to the autocratic and the despotic rule.

The Doctrine of separation of powers in Malaysia The doctrine of separation of powers in Malaysia system is same as the English legal system in U.K separation of power. In Malaysia, Prime Minister should come from the Dewan Rakyak and it is the responsibility as a democratic of country. In Malaysia, the Yang di-Pertuan Agong is the observance executive is integration of the part of the Parliament and also is the monarchy power to become the integration of the part of Separation of Power in Malaysia. The Yang di-Pertuan Agong nominated



References: 1) http://www.thezimbabwean.co.uk/news/35650/the-doctrine-of-separation-of-powers--its-values-and-limitations.html 2) http://www.themalaysianinsider.com/sideviews/article/can-the-separation-of-power-in-malaysia-become-reality-koon-yew-yin 3) http://www.lawteacher.net/public-law/essays/doctrine-of-separation-of-powers-law-essays.php

You May Also Find These Documents Helpful

  • Good Essays

    The separation of powers is a theory of government whereby political power is distributed among three branches of government; the legislature, the executive and the judiciary. The doctrine of the separation of powers embodies three basic principles; limited government, which means that the government’s power over its citizens is limited by the Bill of Rights. Secondly is the separation of personnel, meaning that no one person can hold office in separate branches of the government at the same time. And lastly, each branch of government keeps a watch over the other branches of government and in some cases can overrule it to prevent them from becoming too powerful.…

    • 990 Words
    • 4 Pages
    Good Essays
  • Good Essays

    The Separation of Powers is very important; it creates unique roles for each branch of government. There are three different branches, there’s the legislative branch, the judicial branch, and the executive branch. In the legislative branch, the laws are created, budgets are passed, and wars are declared. The judicial branch determines which laws apply to specific cases, reviews constitutionally of laws, and determines interpretations of laws. The executive branch enforces, or vetoes the laws that the legislative branch creates, declares state of emergency, and appoints federal judges, cabinet advisers, and others at the approval of the Senate. The purpose of the Separation of Powers is to ensure that no one party or belief can have more control over the government than another.…

    • 466 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Separation Of Powers Dbq

    • 874 Words
    • 4 Pages

    The theory of the Separation of Powers keeps the government in check and ensures that one branch doesn’t become too powerful or else the government would be a monarchy or dictatorship. In document one, it talks about how there are three branches of government: the Legislative Branch, the Executive Branch, and the Judicial Branch. The powers of the government are separated between these three branches, sort of like the system of checks and balances, because they didn’t want one branch becoming too powerful and taking over the other branches. In document five it shows how each branch has one main power or job. For example the main power of the Legislative Branch is to make the laws. The Executive Branch has the President and the branch is responsible for carrying out and enforcing the laws. The Judicial Branch has the courts and their main power is to interpret the laws and punish those who have broken the law. The Separation of Powers limit the power of the federal government by making sure one branch does not become too…

    • 874 Words
    • 4 Pages
    Good Essays
  • Good Essays

    But not equal way to deal with crisis amongst the government and we the people. In which also included granting a great deal of power to various parties. This conclusion…

    • 550 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    The “Separation of Powers” prevents tyranny within government. Each branch has certain responsibilities preventing too much power within the president or one specific branch. For example the legislative branch makes the laws, the executive branch passes or denies the law, and the judicial decides if the law is constitutional or not. If “Separation of Powers” were to not be in place one ruler ( President/King ) or branch would take charge in power and in past experiences they have found that form of government to be in unsuccessful. In conclusion, the “Separation of Powers” provides balance within the government preventing too much authority for one person/group.…

    • 106 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    As we know "Separation of powers" is the current right structure of the United States. The so-called separation of powers is through the law, the three powers: legislative power, executive power and judicial power, respectively, to three different state organs jurisdiction, both to maintain their own rights, but also to maintain a balance between each other. Therefore, in the United States, the president exercised the executive power on behalf of the US government. Congress exercises legislative power and represents legislature. The Supreme Court exercises judicial power and represents the judiciary.…

    • 968 Words
    • 4 Pages
    Good Essays
  • Good Essays

    The separation of powers is the main underlying principle of the US Constitution whereby political power is distributed amongst the three branches of government – the legislature, the executive and the judiciary. The branches act both independently and interdependently. The idea was originally of French political thinker Baron de Montesquieu, it was then incorporated by the Founding Fathers into the 1787 codified document. The principle was adopted by the Founding Fathers due to their fear of totalitarianism. Montesquieu argued for separation of powers in his book L’Esprit de Lois, where he stated that separation of powers will avoid tyranny ‘When the legislative and executive powers are united in the same person…there can be no liberty.’ On the contrary to the US, the UK’s powers are fused; the Prime Minister is both the executive and part of the legislature. In the US system there is also a separation of personnel, this means that no person can be a member of more than one branch at the same time. When Senator Al Gore was elected vice-president in 1992, he had to resign from the Senate. Similarly, in 2008, Barack Obama too had to resign from the Senate. In this sense, the three branches are fully disconnected.…

    • 607 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Separation of Powers is very intrinsic, for the different types of government. In Document 4, the Legislative Branch makes the laws. The Executive Branch carries out and enforces the laws. The Judicial Branch interprets laws and punishes those who break the laws that are enforced. The Separation of Powers is very vital to this country, in ways such the Executive Branch has all of the power, and no one else had any form of control for this country; then this country would be in shambles due to one branch having all of the power. For example,…

    • 621 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Separation of Powers

    • 1020 Words
    • 5 Pages

    In able to prevent the majority from ruling with an iron fist, the framers of the Constitution created the Separation of Powers. With regards to the history and the framers experiences, they devised a plan to ensure that not one branch of the new government is given too much power. “The separation of powers provides a system of shared power known as Checks and Balances” (Constitutional Topic: Separation of Powers).…

    • 1020 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Critics of our government have stated that the constitution system that we have in place to this day is not up to standard and should be updated to pertain to a more efficient form of government. This constitution system consisted of the separation of powers also known as “separate institutions sharing power”. The reason why the Founders elected to use that form of government and the reason it is still in effect today is to prevent one branch from having too much power which in turn is to prevent tyranny which is one of the main reason of the adoption of the Constitution.…

    • 407 Words
    • 2 Pages
    Good Essays
  • Good Essays

    The practice of party politics, notion of responsible government and the executive’s aspirations of an efficiently working government have all combined to damage the doctrine as it was introduced in its original shape. If the separation of power was implemented in its true spirits, the idea of effective government would have been impossible. It is acknowledged in the political philosophy, since the times of George III, that executive and legislature cannot work effectively if they remain independent of each other. As the recent America experience shows, when the executive and the legislature cannot agree, deadlock ensues. But it is the nature of legislative, executive and judicial power, more than any other factor, which has made it so difficult to maintain a strict separation between…

    • 1026 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Separation of powers provides our government with a system of checks and balances, a way to prevent one branch from becoming too powerful. This concept was important in the creation of our government because it prevented one central government. Our Framers wanted to avoid a government that was run by one person, or one super powerful group. In order to effectively put their theory to work, they actually separated the powers between each branch of government.…

    • 529 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The doctrine of separation of powers is a model of government, in which in order to control power and delegate functions the government is divided in three organs; the judiciary, the legislature and the judiciary.…

    • 1321 Words
    • 6 Pages
    Good Essays
  • Best Essays

    Legislative in Malaysia

    • 3120 Words
    • 13 Pages

    References: Abdul, A.B. & Farid S.S. (2004) Constitution of Malaysia, Text and Commentary. Kuala Lumpur: Pearson.…

    • 3120 Words
    • 13 Pages
    Best Essays
  • Good Essays

    Ddgfd

    • 448 Words
    • 2 Pages

    Government had carried out the “1 Malaysia” policy which is help to bind all of the…

    • 448 Words
    • 2 Pages
    Good Essays