Separation of Power in Malaysia
CHAPTER 1 - MALAYSIA POLITICAL & LEGAL SYSTEM
1.1 Introduction 1.1.1 Formation of Malaysia Malaysia was formed on 16 September 1963 by federating the then independent Federation of Malaya with Singapore, North Borneo (renamed as Sabah later) and Sarawak. On 9 August 1965, Singapore separated from the federation and became a fully independent Republic. Malaysia now comprises thirteen states and three Federal Territories.
1.1.2 Political and Legal System Malaysia has a bicameral Parliament consisting of a Senate and a House of Representative. The Senate (known as Dewan Negara) comprising 70 members, 26 being elected from the States (2 elected from each of the 13 State Legislative Assemblies) and 44 are appointed by the Yang di-Pertuan Agong. The House of Representative (known as Dewan Rakyat) comprises 222 elected members by the people. Election to the Lower House (Dewan Rakyat) is held once every 5 years on the basis of universal adult suffrage, each constituency returning one member.
The Executive (or Cabinet) is headed by a Prime Minister and the Cabinet members must be members of either House. The Cabinet is collectively responsible to Parliament.
The Judiciary, except for Syariah Courts and the courts in Sabah and Sarawak, comprises of judges appointed by the Yang di-Pertuan Agong. The judges have to act independently and may not be removed from office before the compulsory retiring age of 65; except on the recommendation of a tribunal consisting of at least five judges and ex-judges. Under the constitution, they are empowered to interpret the Articles of the constitution. They also have power to declare any laws to be invalid or any executive acts to be unlawful.
1.2 Separation of Power Separation of power is a basic and important doctrine in all democratic countries. This doctrine was introduced by a French philosopher named Baron Montesquieu in 1748. He proposed that the powers of a state should be divided into 3 branches, each with separate and
1.1 Introduction 1.1.1 Formation of Malaysia Malaysia was formed on 16 September 1963 by federating the then independent Federation of Malaya with Singapore, North Borneo (renamed as Sabah later) and Sarawak. On 9 August 1965, Singapore separated from the federation and became a fully independent Republic. Malaysia now comprises thirteen states and three Federal Territories.
1.1.2 Political and Legal System Malaysia has a bicameral Parliament consisting of a Senate and a House of Representative. The Senate (known as Dewan Negara) comprising 70 members, 26 being elected from the States (2 elected from each of the 13 State Legislative Assemblies) and 44 are appointed by the Yang di-Pertuan Agong. The House of Representative (known as Dewan Rakyat) comprises 222 elected members by the people. Election to the Lower House (Dewan Rakyat) is held once every 5 years on the basis of universal adult suffrage, each constituency returning one member.
The Executive (or Cabinet) is headed by a Prime Minister and the Cabinet members must be members of either House. The Cabinet is collectively responsible to Parliament.
The Judiciary, except for Syariah Courts and the courts in Sabah and Sarawak, comprises of judges appointed by the Yang di-Pertuan Agong. The judges have to act independently and may not be removed from office before the compulsory retiring age of 65; except on the recommendation of a tribunal consisting of at least five judges and ex-judges. Under the constitution, they are empowered to interpret the Articles of the constitution. They also have power to declare any laws to be invalid or any executive acts to be unlawful.
1.2 Separation of Power Separation of power is a basic and important doctrine in all democratic countries. This doctrine was introduced by a French philosopher named Baron Montesquieu in 1748. He proposed that the powers of a state should be divided into 3 branches, each with separate and