Doctrine Of Separation Of Powers In Malaysia

Administration in malaysia follows constitution supremacy which means everything must be practiced and followed in accordance with constitution only and anything in contrast will be declared null and void.

Doctrine of separation of powers in malaysia. The fears of the former lord president manifested itself in the case of pp v kok wah kuan 2008 where the federal court effectively held that the doctrine of separation of powers was not a provision of our federal constitution and any law that violated the doctrine may not be declared unconstitutional. The separation of powers is an approach to governing a state under it a state s government is divided into branches each with separate independent powers and responsibilities so that the powers of one branch are not in conflict with those of the other branches. A legislature an executive and a judiciary which is the trias politica model. Separation of power in malaysia 1 separation of power in malaysia bn government change the rule nasri talking that cases before the courts were not intervened by any quarters and that there were cases where the judgments were not in favour of the executive do not equate to the doctrine in practice.

By expressly stating that judicial power was held by the malaysian judiciary the pre amended article 121 1 entrenched beyond doubt the doctrine of separation of powers but more importantly legitimised that nebulous reserve of judicial power called inherent jurisdiction that enabled the courts to apply entrenched principles of law and justice where the laws of parliament were found lacking. Separation of power basically means there s no overlapping or conflict of interest in carrying out their duties to run the government among these bodies. The executive is a body which has the power to govern the country either in the federal or state level. There s no doubt that this system has its benefits.

One of the hallmarks of the constitution was the doctrine of separation of power among three key independent institutions the judiciary the legislative and the executive. The doctrine of separation of powers doctrine in malaysia is not like the original because it emphasizes the relative power or dependency between the three bodies. The ambitious captain saw this doctrine as a major obstacle. The doctrine of separation of powers in malaysia has the strength and value added add values of its own particularly relating to the division of powers between the federal and state governments.

The typical division is into three branches. These three institutions act independently to keep check and balance. In the system of the federal government there is a clear division of powers. The specific duties of each body should be looked upon to.