Critically Analyse the Effectiveness of Doctrine of Separation of Powers with Latest Development in Malaysia.
1971 words 8 pagesQuestion 1
Critically analyse the effectiveness of doctrine of separation of powers with latest development in Malaysia.
The doctrine of the separation of powers is defined as the constitutional principle that limits powers vested in any person or institution. In the doctrine of the separation of powers, it has been divided into three branches, which is a legislative, executive, and judicial power of a government. First of all, the legislative is talking about the making of laws; it also consists of the Parliament and the senate. Next, the executive is to place the law into operation, which is it is a branch that execute the business of the government, such as the President, Vice-Presidents, Prime Minister, the Cabinet, the …show more content…
During that time, there are also appears to be no move to rescind or amend the Sedition Act and the Official Secrets Act which is use to muzzle legitimate political dissent. Nowadays, Malaysians must consolation themselves that the recommended latest laws will take some powers away from the Home Ministry and give back them to the judiciary, if it is truly carry out. This causes the role of the judiciary even more power to guarantee that there was no abused of power by the executive. Furthermore, to resume the independence of the judiciary, the separation of power of the major branches of the state is a core characteristic of all democratic system. The key of this concept is critical to the protection of constitutional rights and the attainment of Vision 2020’s high goals. If the prime minister is earnest about the commitment to make Malaysia to be a modern country, progressive democracy that will be proud to take its place at the upper apex of the international leadership. The restoration of the independence of the judiciary should be his next reform. The prime minister should know that a dependent judiciary will only lead to a weakened democracy. The public’s impression of the compromised coup d’etat which saw the out of the Pakatan Rakyat government inspect as a illegitimate government of the Barisan Nasional in February 2009. Under the US diplomats in a disclosed Wikileaks cable, the Barisan Nasional won in Perak was a successful political