NAME : AZZILAH BINTI AMIR
CLASS : AAC 110 3C
WHAT IS SEPARATION OF POWERS ?
The information that I get from the video who the second speaker as a representative of the Executive, Datuk Dr. M. Kayveas is the President of the People’s Progressive Party (PPP), and who was the Member of Parliament for Taiping until the 2008 General Elections. He simplified the meaning of the “separation of powers” into the layman’s term of “mind your own business”. He pointed out that the Federal Constitution does not clearly spell out the concept of the separation of powers, only as to how the three main organs of the government are formed and each organ’s functions. There is no absolute separation of powers in our Malaysian system, for example, the appointments of judges are highly influenced by the Executive hence the Executive has some control over the Judiciary.
In his attempt to stimulate debate, he asked whether the Executive actually has power over therakyat. This is because the Executive could introduce any policy but its implementation is subject to the co-operation of the civil service. The immediate superiors of the departments/ministries must give instructions to their subordinates, otherwise the policy will not be implemented or enforced.
The separations of power in Malaysia system are similar with English legal system in United Kingdom separation of power rather than United States. This is because there is no separation of executive and legislative power because of the cabinet type of organization. This fusion of legislative and executive functions is inherent in the Westminster system. In Malaysia, Prime Minister must come from the Dewan Rakyat and it is compulsory as a democratic country. In Malaysia the YDPA who is the ceremonial executive is an integral part of the Parliament and also stands as monarchy power thus becoming integral part of Separation of Power in Malaysia also. The cabinet is appointed by the YDPA in the advice of the Prime Minister. Doctrine of...