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

Introduction to the

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

LEGISLATIVE

JUDICIAL

EXECUTIVE

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

Reasons for the

Separationof

Powers

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

Criticismsof

Separationof

Powers

An expansive form of

government

Takes a long time in making

policies (decision)

Lack of cooperation & coordination between the legislative &

the executive

The system is sometimes unstanble