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DoctrineofSeparationofpowers|LawTeacher
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DoctrineofSeparationofpowers|LawTeacher
Violation of separation of powers is visible on the later part of check and balances, as problem
always arises when declaration of emergency must be done solely by YDPA using his discretionary
powers or with the advice of government and is there requirement for check and balances by Him?
This are the question provoked in the case of Stephen Kalong Ningkan v Government of Malaysia.
This issue of justifiability seems settled with amendment done by insertion of clause 8 under
article 150 of Federal Constitution which gives authority to YDPAs decision making it final and
conclusive but it also stipulated that it shall not be challenged or called in question in any court on
any ground. Following the amendment FCJ Haidar in the case of Dato Seri Anuar Ibrahim v Public
Prosecutor, said that no challenge could be made to be continued operation of ordinances made
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under Article 150 even it may be argued such provision would amount to closing the doors of the
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court and therefore harsh and unjust. He also suggested that it should be addressed to legislature
(60%) or higher:
not the courts that disagreed with such provision.
Thus it seems A.V. Diceys visions on constitutional
principles are creature of the judiciary decision
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especially to protect individual rights and liberties may not be welcomed in Malaysia.
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DoctrineofSeparationofpowers|LawTeacher
The Human Rights Act represents a change and emphasis in the approach to the protection of
rights and liberties of individuals in the United Kingdom.
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DoctrineofSeparationofpowers|LawTeacher
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