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PA D 1 2 0 : I n t ro d u c t i o n To Po l i t i c a l S c i e n c e
Topic 6:
SEPARATION OFPOWER
Prepared to:
Mr. Firdaus Ramli
Muhammad Khaleq Bin Murdipi 2014969539Muhammad Aiman Naufal Bin Nasru’d-din 2014580499Farhana Binti Md Fudzi 2014791057Nor Ezati Binti Subri 2014969507
Prepared by:
Scope of Discussion:
Introduction to the Separation of Powers Reasons for the Separation of Powers Criticisms of Separation of Powers
Constitutionalism suggest for limited government. How are
we going to have effective limited government?
What is the idea of Separation of Powers?
How to avoid concentration of power?
Separation ofPowers
To create ‘check & balance’
between the organisation &
government
What is the idea of Separation of Powers?
Separating the functions of the
executive, legislative and
judicial department
T h e o r y o f t h e S e p a r a ti o n o f P o w e r s b y
MontesquieuFrench scholar wrote in his famous book, The
Spirit of the Laws
‘Le pouvoir arrete le pouvoir’ (power halts power)
Separating the functions of executive, legislative and judicial departments of
government
He asserts that concentrated power is dangerous and lead to depotism
CONCEPTi n t h e S e p a r a ti o n o f P o w e r
Two main concepts:
Those individuals who participate in executive cannot participate in legislative or judiciary
Each individual from any bodies cannot influence other individuals from other bodies
The Executive
• Executes laws• Two types:
Nominal executive & Real executive
The Legislative
• Make laws• Malaysia
Parliament: HoS & HoR
The Judiciary
• Interprets laws to determine punitive measures against offenders
F u n c ti o n s
• Internal administration
• External administration
• Military function
• Legislative function
• Make, amend or replace law
• Represent people in government
• Financial function• Electoral College
• Establishing facts• Interpreting laws• Creating laws• Upholding
constitution• Preventing
infraction of laws
Preventing power
abuse or misuse of
power
Delegation of power in the
hand of many instead
of a single person
Existence of check and
balance mechanism onto power
Avoiding domination of
power
A device to make
government safe for the governed
To ensure the accountability of government