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Definition of Separation of
Power(SOP)
This doctrine is a mechanism to prevent the abuse of
powers by the governing bodies while exercising or
performing their function. Since these bodies is the
caretaker of the people will not be put aside.
Under this doctrine, the government is divided into
three branches which are assigns with different political
and legal powers and they are to act independently of
each other.
They are, The Executive, The Legislative, The Judiciary.
Our political institutions have been inherited from England and it is therefore
appropriate to shift the focus of this consideration of the development of the
nation of the separation of powers from Europe generally to England in particular.
The idea that royal power was subject to Divine Law and its corollary with respect
to the subjects duty of allegiance and obedience, prevailed in England as well as
in the rest of christendom, and operated as a fetter on absolute royal authority. A
further fetter existed in the form of the Common Law. Derived from the customary
laws existing at the time of the Norman conquest, it was fashioned by the Noman
lawyers and the kings judges, into a unified and coherent body of law which was
independent of legislation and the royal prerogatives.
The king was bound to respect the law. In Bractons famous dictum, The king is
under no man, but under God and the law. The kings judges, who applied this
law, although holding office at the pleasure of the king, were no more
mouthpieces of the sovereign, but were, in a true and independent sense
exercising the judicial power of the realm.
Branches of powers
YDPA
Responsible to give
approval to any bills
before pass as law
He has power to call
for to stop and
resolve the
parliamentary
meetings
The Legislative
DEWAN
NEGARA
Main function is
delibarateive
To discuss matters
that is of public
interest
DEWAN
RAKYAT
RESPONSIBLE TO PROCEED
THE BILLS
WHO WAS DRAFT BY
LEGISLATIVE BODY
THE GOVERNMENT
DEPARTMENT WHICH ASSIST IN
ADMINISTRING THE NATION
ARE PART OF THE EXECUTIVE
THE
EXECUTI
VE
JUDICIA
RY
ITS ALSO
KNOWN AS THE
LEGAR SYSTEM
AND ITS
MAMBER
CONSIST OF
JUDGE AND
MAJISTRET
THEY ALSO
USUALLY PERFORM
THEIR DUTIES IN
COURTS AND
COORPERATES
WITH THE
AUTHORITIES
Supreme Court
Administration
executive
legislative
LEGISLATURE
70 senate sit for 3 years terms
26 are elected by the thirteen state assemblies
44 are appointed by the king (based on advice of prime
minister)
The 222 of the dewan rakyat are elected from federal
constituencies drawn by election commission
Parliament has a maximum mandate of five years by
law
The king may dissolve parliament at any time and
usually does so upon the advice of the Prime Minister.
EXECUTIVE
the cabinet led by the prime minister
the prime minister must be a member of the Lower
House of parliament
The cabinet is chosen from among members of both
houses of Parliament
consists of the Prime Minister as the head of the
government, followed by the various ministers of the
Cabinet
JUDICIARY
The highest court is the federal court
peninsular malaysia
sessions court
magistrates courts
courts for children
Special Court to hear cases brought by or against all
Royalty.
HEAD OF GOVERNMENT
The Prime Minister of Malaysia is the indirectly elected
head of government
He is officially appointed by the Yang di-Pertuan Agong,
to command the confidence of the majority of the
members of that Dewan Rakyat, the elected lower house
of Parliament.
members are appointed by the Yang di-Pertuan Agong
advice of the prime minister
The Prime Minister's Department is the body and ministry
State governments are led by Chief Ministers(Menteri Besar in Malay states or Ketua
Menteri in states without hereditary rulers), who are state assembly members from the
majority party in the Dewan Undangan Negeri.
They advise their respective sultans or governors. In each of the states with a hereditary
ruler, the Chief Minister is required to be a Malay, appointed by the Sultan upon the
recommendation of the Prime Minister.
References
Essays, UK. (November 2013). Dichotomy Between Politics And Public Administration Politics Essay.
Retrieved from https://
www.ukessays.com/essays/politics/dichotomy-between-politics-and-public-administration-politics-essa
y.php?cref=1
Jump up^"Formation of Malaysia 16 September 1963".http://www.arkib.gov.my.External link in|
journal=(help)
Jump up^Jeong Chun Hai @ Ibrahim, & Nor Fadzlina Nawi. (2012).Principles of Public Administration:
Malaysian Perspectives.Kuala Lumpur: Pearson Publishers.ISBN 978-967-349-233-6
Jump up^"About the Malaysian Government".http://mygov.malaysia.gov.my.External link in|
journal=(help)
Jump up^Constitution of Malaysia:Article 44
^Jump up to:abConstitution of Malaysia:Article 45
^Jump up to:ab"Malaysia". State.gov. 14 July 2010. Retrieved14 September2010.
Jump up^Constitution of Malaysia:Article 43-2
Jump up^Constitution of Malaysia:Article 43-1