The Separation of Power and the Parliament

8/3/2019 The Separation of Power and the Parliament

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The separation of power


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The Separation of Power and the parliament, executive and judiciary

1.0 The separation of power

The concept of division of power (also known as the concept of separation of powers)

starting since the time of old Greece. Aristotle was interested in the government coalition

composed monarchy, aristocracy, and democracy, in view of each element is itself not able to

conduct operations on their own Governments, but a mixture of all three elements take the

best aspects of each element. In 1656 James Harrington in his Oceana, has been updated and

proposed the idea of this concept. John Locke, in "Civil Government, second treatise" in

1690, has divided the state into two of the executive and legislative. Meanwhile, Montesquieu

in his "Spirit of the Laws" has developed the idea of Locke, by increasing the judicial branch.

English is said to create the actual method of division is more formal, which they call the

"Government Instrumen".

The separation of powers, often imprecisely used interchangeably with the trias

politica principle, is a model for the governance of a state. Under this model, the state is

divided into branches, each with separate and independent powers and areas of responsibility

so that no one branch has more power than the other branches. The normal division of

branches is into an executive, a legislature, and a judiciary. For similar reasons, the concept of

separation of church and state has been adopted in a number of countries, to varying degrees

depending on the applicable legal structures and prevalent views toward the proper role of

religion in society. The branches have different roles but interdependent with the other

branches. For example, judges are appointed by the chief executive, while the law stemming

from the legislative branch will be used by the judiciary to decide, while the executive is to

enforce the law.

This doctrine is also considerably strengthened by the check and balance the elements

every body has limited authority and may examine and limit the powers of the body. Thus, a

judge appointed by the Chief Executive although may sentence the law to the chief executive

because the judiciary has judicial independence and judges are protected by judicial

immunity. If this element is missing, then the division of powers than name only. The

doctrine is very clear division of powers in the United States. There is every body to check

abuses of power mutually to each other. In fact, every body has an element of checks and their

equilibrium.


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1.1 The Executive

Executive also referred to the Government or the Government in Parliament and

referred to the Administration in the system for example in the United States Congress. This

body is responsible for implementing the law passed by the legislature. The chief executive in

a country called the Republic President, while other countries are called the prime minister.

This body comprises many sectors of government such as the various ministries, departments,

local governments and government agencies such as police organizations, military and

customs.

The executive is the oldest of all organs of government. The executive organ

existed even five thousand years ago. There was no separate legislature or judiciary in ancient

time. All power was integrated into one hand. Today the executive possesses great power and

authority in any political system. The executive branch of government has remained at the

centre of power of the government since groups began to form governments in society.

Who are the Executive?

In every political system the highest executive power remains in the hands of single

individual or small elite. The composition of an executive is wide and it refers to the whole

branch of the political system being in charge of the execution of the policies of the state,

and being in charge of the determination of the general rules. In most countries executives are

the top administration in any government offices. That means all government officials except

those acting in legislative and judicial capacity. In this sense, it not only includes heads of

government but also the entire staff of officials, high and low, connected with the

administration of public affairs of the state. They are also known as civil servants.

Political executive are either elected for a certain number of years as the U.S.

President or remains in office as long as the party in which they belong can command

majority in legislature as in Malaysia. The primary responsibility of the executive is to see

that laws are properly enforced. In fact, both the two groups those who see that the laws areproperly enforced and those who actually enforce them are really the two integral parts of the

same machinery, which constitute the executive department.


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Functions of the Executive

The modern state is complex. Every state has to perform many functions to meet the

needs of its citizen. The most fundamental functions of the executive are those which related

to the essential activities of daily administration. The state is now regarded as a means for

achieving the welfare of its own people. The executive department performs the main

functions of the state.

1. Internal Administration.

The foremost duty of the executive department is to ensure law and order in society. It

must maintain internal peace and security. For this the executive relies on a huge

number of civil servants and police officials. The executives formulate the policies and

once those policies are approved by legislature, it is the responsibility of the executive

to implement those principles.

In all political systems public policy is the result of whatever executes want to do.

Increasing or decreasing taxes, reducing or increasing defence budget, giving foreign

aids to developing countries, funding for research and the like are all examples of

public policies. After the adoption of the policies the executive oversees their

implementation. The different departments and agencies are entrusted with specific

responsibilities and every department executes the laws of the country which fall

under its jurisdiction.

The top executive coordinates the activities of various departments and agencies. The

top executive appoints secretaries and other top officials to head various departments.

In the USA, secretaries are appointed by the president. In Malaysia, Canada and UK,

the top secretaries are appointed by the Prime Minister who is the Real Chief

Executive. The top executive defends the public policies through their speeches on

radio and television, and in statements in press conferences and newspapers.

2. External Administration

All states are independent, but every state is interrelated with other states. The

executive is responsible for ensuring mutual interaction among states for peace and


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security. The executive responsibility lies in the Ministry of Foreign or External

Affairs. The conduct of foreign relations includes the following:

a) Sending and receiving diplomatsb) Recognizing a new statec) Establishing or withdrawing diplomatic relations.d) Determining and implementing foreign policye) Negotiating treaties and agreements.

3. Military FunctionsOne of the essential responsibilities of the executive is to secure territorial integrity of

the state and to protect the country from external aggression, and if necessary, to wage

war. The top executive is the Chief of staff in every country of the world. However,

the actual power is exercised by a Department under its control, called the Department

of Defence and War, which determines the strength and organization of the armed

forces of the country.

During the war, the power of the executive increases immensely because the executive

may take any action necessary to safeguard the security of the country. The executive

may summon the army to protect the interests of the nation.

4. Legislative FunctionsThe executive sometime performs some legislative functions. It summons, adjourns

and prorogues the session of its legislature. It promulgates orders and ordinances. It is

a sort of subsidiary power of legislation which takes the form of decrees. The

Increased range of activities of the state has forced parliaments during recent years to

delegated wide legislative power to the executive. This is called Delegated Legislation.

This is quite inescapable in the modern state and it has significantly added to the

powers of the executive.

5. Judicial Functions.

The executive often discharges some judicial functions. Usually in most governments

the executive is required to keep an eye on the administration of courts and to


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guarantee its citizen fairness and impartiality in justice. Therefore, the head of

executive appoints the judges in most countries. Besides appointing judges, the

executives have two important judicial powers: granting pardons and granting

amnesty.

The most important judicial power of the executive is the power of granting pardon to

a convicted person. The king of Malaysia has this power. This also prevents possible

judicial malpractice. Another power of the executive in judicial matters is to grant

amnesty to a group of persons, usually political offenders.

6. Other Functions

The above functions are regarded as essential functions. In addition to these, the

executive performs other functions. First, the various department and agencies offer

services and licensing functions to the people. The departments of commerce,

education, agriculture, transport and communications offer public utility services and

impose statutory restrictions on the production and sale of various commodities.

Secondly, the top executive is the symbol of unity in the country. The King of

Malaysia is above party politics. They foster both unity and continuity within a state.

They are living symbols of the nation and acts for the country independently.

Thirdly, the political executive head is at the centre of the functional leadership in all

political systems. Every nations success depends on the high quality and competence

of this leadership. The political executive must effectively lead the state and the

people. The scope of the executive has increased so much. The annual thousands of

Rules and Orders, the detailed and present plan of activity of all modern states, reveal

how the state concentrates upon each individual and weaves his very impulse into the

myriad threaded wrap of its existence. The state is everywhere, it leaves hardly a gap


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1.2 The Judiciary

Thorough with the development of legal system, the judicial system has developed as well in

all countries all over the world. Laws are implemented by means of judicial system, which is

operated via courts system. The court system is different from country to country. However,

regardless their disparities, there are certain well-accepted principles of court organization

which are recognized by all countries (Serajul & Moten, 2005, p. 83).

The first similarity shared by the courts around the world is the range of the courts.

Courts all over the world are leveled on an ascending scale, means that one above another.

The right to appeal is fixed from the lower to the higher courts. The initial trial starts at Courts

of Original Jurisdiction. Here, the court has power to hear a case for the first time. Facts and

laws are judged and considered here. The plaintiff and the prosecution will submit the

evidence as to support their contentions and this is considered as the facts of the case. After

the evidence of both sides has decided, their respective lawyers will present the arguments

and later the court will make the decision (Serajul & Moten, 2005, p. 83).

However, if either parties or one party is not satisfied, they have the right to appeal to

the Courts of Appeal (Serajul & Moten, 2005, p. 83). The Court of Appeal has the right to

hear an appeal of a trial court or other lower tribunal. Besides, it is functioning to ensure that

the law is being interpreted in substantially ways and to reverse decisions that seem to be

based on an incorrect law interpretation. It will also scrutinize the law whether the law isapplied correctly or vice versa. The final court in common court system is the Supreme Court.

The Supreme Court carries the powers of revision or termination as well as the power to annul

the decision made by a court or judicial tribunal (Serajul & Moten, 2005, p. 83).

The Functions of Judiciary

The main purpose of the courts and judiciary is to ensure justices and make decision of

disputes between individuals, citizens and the states. The primary function of the judiciary is

to establish and determine facts (Moten & Serajul, 2004, p. 200) of cases. A case is remainvague before bringing to the court. This is the court's responsibility to find out and verify the

facts in order to figure out the truth. The conflicting parties will bring forward witnesses as to

generate evidences in order to support both the contentions of both parties. The witnesses can

be in the form of writing, orally or both. The judge of the respective court will hear to those


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witnesses and he will weigh the testimony. Finally, based on the evidences by witnesses, the

court determines the facts (Serajul & Moten, 2005, p. 85).

The second function of the court is, to interpret the laws. The judiciary is responsible

to interpret laws and apply law to the facts that have been drawn from investigation and then

render decisions. The judge's task is to accept the relevant law to the case as it is, and apply it

to the determined facts. Thus, the judge is called as the interpreter of law (Serajul & Moten,

2005, p. 85).

Upholding the constitution is another function of judiciary. Judiciary is the custodian

of constitution. The court interprets the constitution and neither the national government nor

the state government can pass a law that is not inline to the constitution. The court offers

judgment in the case of disputes between central and regional government as well as between

the executive and legislature. Judiciary will not let other parties to violate the constitution.

(Serajul & Moten, 2005, p. 86).

The court is also functioning in preventing the infraction of law and violation of

human right. Common citizens can ask the court for it favors to protect them before the actual

violation occurs. Citizens can appeal to the court if they believe that such attempts will violate

their rights. The court has the power to issue orders (restraining orders) prohibiting such

attempts until the rights of the citizens are determined. (Serajul & Moten, 2004, p. 202).

The final and most important function of the court is judicial review. Judicial review

means that the court has the power to declare any acts of executive or legislature as null and

invalid if they are breaking or be in conflicting with constitution. Judicial review is a means

for securing the supremacy and fundamental quality of the constitution. It has been adopted

first by the United States of America to be practiced in several courts in that Uncle Sam

country. (Serajul & Moten, 2004, p. 202).


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Judicial Power and Separation of Power

The freedom to exercise power by the judicial body can be seen from its separation of

power from the other bodies of government, which are the executive and the legislative. The

judicial power will not for either executive or legislative and it is very independent. There are

three main functions of these three bodies and each of their function is separated from the

other. The legislative has the power to make laws. The executive in the other hand has the

power to enforce and police the laws. Yet, the judicial body has the power to expound and

apply the laws as well as to interpret the laws. This is what we called as the separation of

powers between the government bodies. Besides the separation of powers, there is another

term, which is the fusion of powers. The fusion of powers is opposite to the separation of

powers where the separated bodies will exercise the power of other bodies in certain cases.

For example, the executive might make laws; a particular law since the executive and its

administrators are more closes to public and they know what laws should be imposed on the

public.

Check and Balance

Check and balance means that a system that allows each branch of a government to

amend or veto acts of another branch so as to prevent any one of the branch from exerting too

much power as well as abuses of power. The judicial power has the right to check and balance

the power of the executive and the legislative.

The judicial power can check over the executive and legislative power through the

using of judicial review and judicial interpretation. By judicial review, the judicial power can

check over the executive and legislative actions, whether such actions are violating the

constitution or not. Besides, the judicial review may decide whether the laws made by the

legislative are constitutional or unconstitutional. Judicial interpretation is the checked by the

judicial power over the executive as to determine the validity and meaning of executive

agency regulations. Meanwhile the judicial interpretation is checked over the legislative as to

ensure what congressional laws mean and how they are applied in specific cases.


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Does Judicial Power in Malaysia is separated?

Governmental system either parliamentary or presidential system are basically adopted

the separation of powers. In the case of Malaysia that running of parliamentary system, the

term separation of powers is used frequently as to show that the three bodies of government

are in total separation. Yet, frankly speaking, in terms of judicial system in Malaysia, the

power of judiciary is not really separated and independent.

As mentioned earlier, besides separation of powers, there is the fusion of powers, and

in Malaysia, it does adopted fusion of powers in certain circumstances. It means, when there

is fusion of powers, automatically the powers among three bodies are shared. For example,

executives in Malaysian cabinet are also holding legislative position in the parliament. It is

clearly shown that in Malaysia, the separation of powers among three important government

bodies is still ambiguous.

The judicial is not an independence body of government nor separated. Historically,

the judicial power before the constitutional crisis 1988 was an independent branch of

government. Yet, after 1988, the judiciary was made subject to Parliament by surrendering

judicial powers to Parliament. The crisis started when the High Court approved Karpal

Singh's application to be released from Operasi Lalang detention due to the technicalities in

the way he had been detained. A week after, Mahathir (The 4th

Prime Minister) submitted

several constitutional amendments to the Parliament, denying the courts of the "judicial powerof the Federation" and giving them only the judicial powers that Parliament might agree upon.

Later, many conflicts came in until it brought to the suspension of Tun Salleh Abas, the Lord

President of the Supreme Court. With the suspension of Tun Salleh Abas, the amendments to

divest the courts of the "judicial power of the Federation" and the judicial power is granted by

the parliament was continued.

Thus, up until today, the judicial power is not so called independent. Nevertheless, the

Attorney-General was conferred by the power to instruct the courts on what cases to hear,

where they would be heard, and whether to discontinue a particular case.


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1.3 The Legislature

A legislature is a kind of deliberative assembly with the power to pass, amend, and

repeal laws. The law created by a legislature is called legislation or statutory law. In addition

to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and

adopt the budget and other money bills. Legislatures are known by many names, the most

common being parliament and congress, although these terms also have more specific

meanings.

In parliamentary systems of government, the legislature is formally supreme and

appoints a member from its house as the prime minister which acts as the executive. In

a presidential system, according to the separation of powers doctrine, the legislature is

considered an independent and coequal branch of government along with both

the judiciary and the executive.

The primary components of a legislature are one or more chambers orhouses:

assemblies that debate and vote upon bills. A legislature with only one house is

called unicameral. A bicameral legislature possesses two separate chambers, usually

described as an upper house and a lower house, which often differ in duties, powers, and the

methods used for the selection of members. Much rarer have been tri cameral legislatures;

the Massachusetts Governor's Council still exists, but the most recent national example

existed in the waning years of caucasian-minority rule in South Africa.

In most parliamentary systems, the lower house is the more powerful house while the

upper house is merely a chamber of advice or review. However, in presidential systems, the

powers of the two houses are often similar or equal. In federations, it is typical for the upper

house to represent the component states; the same applies to the supranational legislature of

the European Union. For this purpose, the upper house may either contain the delegates of

state governments, as is the case in the European Union and in Germany and was the case in

the United States before 1913, or be elected according to a formula that grants equal

representation to states with smaller populations, as is the case in Australia and the modern

United States.

Because members of legislatures usually sit together in a specific room to deliberate,

seats in that room may be assigned exclusively to members of the legislature. In parliamentary

language, the termseatis sometimes used to mean that someone is a member of a legislature.


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For example, saying that a legislature has 100 "seats" means that there are 100

members of the legislature, and saying that someone is "contesting a seat" means they are

trying to get elected as a member of the legislature. By extension, the termseatis often used

in less formal contexts to refer to an electoral district itself, as for example in the phrases "safe

seat" and "marginal seat".

Functions of the legislature:

1. Law-MakingThe main function of legislature is to make laws or to amend or replace old laws. In most

modern systems laws are introduced in the form of bill by minister or a member of the

legislature. However, discusses and debates the bill which goes through several readings

and committee stages before becoming a law.

2.RepresentationGenerally, the legislature in all democratic countries is considered to be the main forum of

public opinion. The legislature represents the people in the government. Representation

means making present of something absent but not making it literally present. It must be

made present indirectly, through an intermediary; it must be made present in some sense,

while nevertheless remaining literally absent. This is exactly what a legislature are the

representatives of the public. They represent and ventilate the grievances of the people.

3.Supervision

The gradual increase in the power and authority of the executive has led the legislature to

extend its authority of checking and supervising the executive branch of government. In a

modern democratic system legislature keeps a sharp and critical eye on the administration.

It may be true that legislation is initiated by the executive, but the legislature has the

potential power to reject the bill. More importantly, even if it passes the bill, the legislature

has the power to monitor the activities of the government to make sure that the law is

implemented correctly and effectively.


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4.FinancialThe legislature also performs certain financial functions. The fact of representative

democracy is the control and regulation of national finances by the legislature. Generally,

it is recognized today in all countries that no taxes should be levied or expenditure

authorized without the approval of the representative of the people. The sources of income

and heads of expenditure of the government are controlled and determined by the

legislature.

The principal financial function of a legislature is the presentation, consideration and

authorization of the budget. In every system the budget needs the approval of the

legislature.

5.Electoral

The legislature acts as an electoral college to elect the top executive. For example, the

Head of State. In India, the elected members of both houses of parliament form an electoral

college for electing the president of the nation.

6.Judicial

The legislature in many countries performs certain judicial functions. Some legislature has

the power to adjudicate the behaviour of administrative officials. In Canada and Malaysia,

Parliament does not impeach the King or ministers because it has the power of defeating a

government by a vote of no-confidence or by removing a Minister from the cabinet who

has been found guilty of a crime.

7. Inquest and interpellation.The legislature sometimes works as the organ of inquest. It make inquiries into matters of

general interest. It often appoints commissions of inquiry relating to agriculture and

industry or to find out the causes of social number


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8.Amending the constitution.In some countries, the legislature plays the most important role in making and amending

the constitution. The legislature is given this authority because it is consider being the

legitimate representative institution of the people and also the original was drafted by the

legislature. Legislature is usually involved in three types of methods of amending

constitutions. One is by the direct vote of the legislature alone. In some countries it

requires unanimous approval and in some certain specific legislative, the majority is

necessary.

The second method involves an amendment proposal by the legislature, followed by the

ratification by a constitutional convention. The third method involves a proposal by the

legislature, followed by the ratification of state. In Malaysia, Canada, Britain, India and the

USA and in many other countries the amending process must start in the legislature. The

approval of amendment depends on the support of certain number of members of the

legislature which differs from country to country.


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The Parliament of Malaysia

Malaysia Practices Parliamentary Democracy with a Constitutional Monarchy. Our

Parliamentary Democratic System Comprises of Three Main Branches which is Legislative,

Executive, Judiciary Parliament is the highest legislative authority in the country. Parliament

is made up of His Majesty the Yang di-Pertuan Agong, Dewan Negara and Dewan Rakyat.

1. The Yang Di-Pertuan AgongHis Majesty The Yang di-Pertuan Agong is the Supreme Head of State. His Majesty is

elected by the Conference of Rulers and holds office for five years. However the King

does not preside over both houses, Dewan Negara and Dewan Rakyat but addresses the

two Houses as and when necessary. By convention, this is only done at the beginning of

each Parliamentary Session, which commences each year.

2. Dewan Negara (The Senate)Dewan Negara comprises 70 members of which 2 members are elected by each of the 13

State Legislative Assemblies and 44 are appointed by His Majesty The Yang di-Pertuan

Agong for their experience and wisdom or represent ethnic minorities, profession,

commerce and other groups. A full term of office of a Senator is 3 years and could be

extended to 2 terms. Dewan Negara is not affected by the dissolution of Parliament.

3. Dewan Rakyat (The House Of Representatives)Dewan Rakyat has 222 members, each representing one constituency. Election of

members is held every 5 years. The number of members of the Barisan Nasional

Componant Parties is 137. The opposition parties consist of 78 members and 7

independents.


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Distribution of Seats

GOVERNMENT OPPOSITION INDEPENDENT

United Malays National Organization (UMNO)

78

Parti Keadilan Rakyat

(PKR) 26

7

Malaysian Chinese Association (MCA)

15

Democratic Action Party

(DAP) 28

Parti Pesaka Bumiputera Bersatu Sarawak (PBB)

14

Parti Islam Semalaysia

(PAS) 23

Malaysia Indian Congress (MIC)

3

Socialist Party of Malaysia

(PSM) 1

Sarawak United Peoples Party (SUPP)

6

Gerakan Rakyat Malaysia (PGRM)2

Parti Bersatu Sabah (PBS)

3

United Pasuk Momogun Kadazan Dusun

Organization (UPKO) 4

Sarawak Progresive Democratic Partiy (SPDP)

4

Liberal Democratic Party (LDP)

1

Parti Barisan Rakyat Sabah (PBRS)

1

Parti Rakyat Sarawak (PRS)

6

Total

137 78 7


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Function of Parliament

1. To Pass laws2. To Make amendments of existing laws3. To Approve new taxes4. To Examine the Governments policies5. To Approve the Governments expenditure/spendingAt the beginning of each year, The Yang di-Pertuan Agong declares open to Parliament.

In his Royal Address, His Majesty The Yang di-Pertuan Agong outlines the national

progress and future development policies.

How a Bill Become Law

Before a Bill becomes law and an Act of Parliament it has to go through the following stages:

BILL

FIRST READING (Reading of the long title)

SECOND READING

General principles of the bill are debated.

Voting by simple majority (by voice) or 2/3 majority through divisions.

COMMITTEE STAGE

Specific Debate on all clauses, schedule and preambles will take place.

Amendments will be dealt with.

THIRD READINGVoting for second time.

Long title will be read and passed by the House.

ROYAL ASSENT


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GAZETTED AND PRINTED

LAW

* Similar procedures apply in both Dewan Negara and Dewan Rakyat. However in Dewan

Negara, the Money Bill will not pass through committee stage and will go straight to third

reading.

Yang Di-Pertua Dewan Negara (The President of The Senate)

The Yang di-Pertua of the Dewan Negara is responsible for the Dewan Negara and

will regulate proceeding according to the Standing Orders of the Dewan Negara. He is elected

from amongst the members and ceases the hold office on the expiry of his term as a Senator.

He President is assisted by one deputy.

Yang Di-Pertua Dewan Rakyat (The Speaker Of The House Of Representative)

The Yang di-Pertua of the Dewan Rakyat is the presiding officer of The House. He

presides over the proceedings of the house in accordance with the Standing Orders. The Yang

di-Pertua need not be a member of The House to be elected as the speaker by the House. The

speaker is assisted by two Deputies.

Chief Administrator

The Chief Administrator of Parliament is the officer in-charge of administrative and

financial matters of Parliament.


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Secretary of the Senate and Secretary of the House of Representatives

Secretary to The Senate and secretary to The House of Representatives are responsible

for the proceeding of the meeting in both Houses. They are also responsible for keeping the

record of proceeding.

Standing Orders

The Standing Orders of the Dewan Negara and the Dewan Rakyat are sets of rules and

procedure on the conduct of the proceedings of respective House. Each House has its own

Standing Orders.

Question Time

During question time, any member of the House may raise questions to any Cabinet

Minister regarding the implementation as well as the problems of the Government Policies

relevant to the Ministry concern. Verbal exchanges are often heated and lively. It takes one

and half-hour from 10.00 am to 11.30 am.

Hansard

The Hansard is the official Verbatim Report of Parliamentary debates. Hansard

constitutes a complete and accurate record of every word which is spoken in Parliament, and

each House issues its own separate report.

Mace

The Mace is a symbol of Royal Authority and hence the authority of Parliament. Each

House has its own Mace. It is an integral component of the Regalia of Parliament.

Parliamentary proceeding cannot be conduct without the Mace.


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Sergeant-At-Arms

Sergeant-at-arms is the custodian of the mace. For the sergeant-at-arms, the mace is

also the warrant for him to execute his authority when acting under the direction of the

Speaker. He is responsible for the security inside both Houses.

The Parliament Building

The Parliament Building is the brainchild of Tunku Abdul Rahman Putra Al-Haj,

Malaysias first Prime Minister. The foundation stone was laid by the third Yang Di-Pertuan

Agong, Seri Paduka Baginda Tuanku Syed Putra Al-Haj Ibni Al-Marhum Syed Hassan

Jamalullail on 31 August 1962.

The RM18-million building was built on a 16.2 land of hectares, near to the Perdana

Lake Garden. Construction began in September 1962 and was complete on November 1963. It

was officiated by His Majesty Yang Di-Pertuan Agong, Tuanku Syed Putra Al-Haj Ibni Al-

Marhum Syed Hassan Jamalullail on 2 November 1963. The Parliament Complex has two

main structures: The Main Block and The Tower Block

Dewan Negara and Dewan Rakyat are both located in the main block. The main block

too houses the Ministers offices, Speaker and Presidents Office, Banquet Hall, Royal Suite,

Surau, library hall and Committee Rooms. The 17 storey tower block houses of offices of the

Prime Ministers, Deputy Prime Ministers, Minister in the Prime Minister Department, Leader

of the Opposition as well as the administrative division of Parliament.


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2.1 Why Seperation of power?

Separation of powers, a system of government where power is split among multiple

groups or branches, is important because it provides a system of checks and balances on the

government. With three separate branches working together, no one branch can impose their

own agenda that goes against the interest of the people.

If, for example, Congress tried to pass a law that violated the Constitution, the

President could veto that law. If the president didn't veto it, the Supreme Court could declare

it unconstitutional.The system of checks and balances limits government corruption, since itis much harder to get an unfair agenda passed when it would have to go through three

different entities. As a practical matter, it also makes the governing of the country easier. The

responsibility is divided up, so no one single branch has to control all aspects of governing a

country. Imagine, for example, if Congress had to make all the laws and then enforce them by

hearing all court cases that arose from them. It would be a tremendous amount of

responsibility (not to mention power) for one governing body to do all that.

Marchamont Nedham, writing under Cromwell's Protectorate in 1656 (no. 2), the

required separation is that of legislative and executive powers into different "hands and

persons." As used by him, the distinction resembles the sharp dichotomy between the

formation of policy and its administration favored by mid-twentieth-century American

administrative theorists. Separation, for Nedham, is an indispensable means for locatingresponsibility and fixing accountability. An executive, unambiguously charged with executing

a policy set by the "Law-makers," can be held liable for its performance or nonperformance.

Let that clear line of distinction and responsibility be blurred, and liberty and the people's

interest are alike in jeopardy.


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Reference

Abdul Rashid Moten & Syed Serajul Islam. (2004)(2nd Ed). Introduction Political

Science.

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Seperation of power. Retrieved on 27 Nov 2011, from

http://en.wikipedia.org/wiki/Separation_of_powers

Parliament of Malaysia. Retrieved on 27 Nov 2011, from

http://en.wikipedia.org/wiki/Parliament_of_Malaysia

Documents

The Separation of Power and the Parliament