The Doctrine of the Separation of Powers

Topics: Separation of powers, Judge, Executive Pages: 7 (2279 words) Published: August 22, 2013
Question 1
Independence of the judiciary within the doctrine of the separation of powers

British constitutional principle of judicial independence Convention tracking its statutory origin and was enacted in 1701, Act of Settlement. The Act formally recognized the independence of the judiciary, the main content, secure the right to use qualification subject to good behaviour , the removal of the judge (an address of both houses of parliament), and also the establishment of an appropriate mechanism. Convention in doing so given a set of legislative handle reiterated that the cornerstone of the separation of powers, judicial independence doctrine important pillar one. Doctrine and Its Interpretation Of The Multi-Faceted

The theory of the independence of the judiciary, the doctrine of separation of powers, an integral part of the American political doctrine, in order to maintain the judiciary, legislature and executive branches (three branches of government) in addition to the government in decision-making and business. The main object of the theory and the philosophy behind it is to prevent a fall into the hands of any department of the government there is no accountability, and absolute power. In practice, although the judge is expected not to interfere with the government's business, it is not the world's most influential common law jurisdiction, the United States, where the Supreme Court has the power to blow down the legislation is unconstitutional (Marbury v Madison) and illegal destruction of the power and sovereignty of the legislative Council. The Executive

Executive power is vested in the Cabinet of Ministers is appointed by the Yang di-Pertuan Agong. The Yang di-Pertuan Agong of the appointment of the Prime Minister for the first time, members of the House of Representatives, presided over the cabinet. Prime number on whose behalf the members of the House of Representatives by the Minister of his judgment is likely to get the confidence of the majority of members that house. Yang di-Pertuan Agong of State to appoint other ministers between members of any parliament building. The Cabinet collective responsibility to Parliament. The Legislature

The legislative powers conferred by the Constitution of Malaysia in Parliament State Legislative Assemblies. Parliament has been defined as "Article 44" of the Constitution By Yang di-Pertuan Agong, that the two houses which name the Dewan Negara (Senata) and the Dewan Rakyat (House of Representatives). The Senate elected and appointed members. Elect two representatives per country to the senate. Yang di-Pertuan Agong appointed members appointed. Members of the House of Representative by 222 electoral term of until the dissolution of Parliament. That unless faster dissolving Parliament should continue for five years from the date of the first meeting. The Judiciary

The Judiciary by Part IX of the Constitution. It includes Federal Court, the Court of Appeal and the High Court in Malaya state and other in Sabah and Sarawak. Court's jurisdiction is to control Article 121A of the High Court does not have jurisdiction in any issues related to sharia courts (the courts having jurisdiction over people believe in the religion of Islam). The Federal Court set 121 (2) the right to decide the appeal decision Court of Appeal, the High Court judge, such as the original or contact jurisdiction specified in Article 128 and 130, or other judicial jurisdictions as may be conferred by or under federal law. Article 121 (1B) provides for the establishment of the Court of Appeals has jurisdiction over the appeal against the decision, to determine High Court or its judges and other judicial jurisdictions, may be granted or under federal law. In addition to the Federal Court, the Court of Appeal and the High Court (the superior courts), and also the lower court under Article 121 (1) the Sessions Courts and the Magistrates Court. THE HOUSE OF LORDS...
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