SUBJECT: LAW 240 SEPARATION OF POWERS NAME: MUHAMAD YUSOFF BIN SHARUDDIN (881214085883) STUDENT NO.

: 2012413482 CLASS: AC110 3C

SEPARATION OF POWERS

This is my review of understanding after I watched the video about the doctrine of separation of powers by Dato M Kayveas on www.youtube.com. Separation of powers is a concept of democratic principles in modern government. In principle, the separation of powers is divided into three which are The Legislative, The Executive and The Judiciary.

The Legislative is the bicameral parliament consists of the lower house, the Dewan Rakyat and the upper house, the Dewan Negara. All senate members are appointed by the king based on the advice of the Prime Minister. The king may dissolve parliament at any time and usually does so upon the advice of the Prime Minister.

The Executive branch of the government consists of the Prime Minister as the head of the government, followed by the various ministers of the Cabinet. the Malaysian constitution stipulates that the prime minister must be a member of the Lower House of parliament who, in the opinion of the Yang di-Pertuan Agong (YDPA), commands a majority in parliament.

The Judiciary is the system of courts that interprets and applies the law in the name of the state. The highest court in the judicial system is the Federal Court, followed by the Court of Appeal, and two High Courts, one for Peninsular Malaysia, and one for East Malaysia.

Dato M Kayveas said that at minute of 3:30 Just mind your own business, do not interfere and keep your power yourself. What he trying to say is, the main concern about the separation of powers in Malaysia is to ensure that the same person or branch is not responsible for promulgating and enforcing laws. This means that if the concept is fully followed then no one of the three branches of government can take part in the function of another branch. Executive parties should not be permitted to become an expert body Legislation and the agency of Judiciary should be independent from the executive and legislative interference, there should be no dual-function. Each of the branches only must maintains harmonious themselves and do not interfere with the others.

These branches have different roles but interdependent one branch to another. For example, judges are appointed by the chief executive, while law arising from the legislative branch to be used by the body judicial decision-making, also the executive will be enforce the law. Separation of powers is applied to prevent or avoid the danger of tyranny happen. Doctrine of separation of powers can create and maintain leadership, real freedom and avoid despotism by dividing the power to create a fair and impartial decision according to laws.