Separation of power (Malaysia)

Topics: Separation of powers, Malaysia, Legislature Pages: 5 (2019 words) Published: December 24, 2013
Malaysia is among dozens of countries are adopting the concept of the emergence of feudalism in his capacity as a federal state. Since our country, Malaysia gained independence in 1957, the concept of federalism that underlies the idea of merging states in Peninsular Malaysia, Sarawak and Sabah have sparked idealism existence of central government and state governments. The birth of the uniqueness of Malaysia is a federal state. 'Federation', means an association which has a central government and several state governments. This means that the Federation has adopted the concept of federalism, which is related to conflict resolution in the country. Moreover, according to Abdul Manaf Azmah in 1994, a federal country like Malaysia has the right and authority delegated to local governments (state), while the other half is distributed to federal institutions. Moreover, according to K. Ramanathan in 1998, he defines the concept of federalism, which culminated in the doctrine of separation of power in Malaysia as; "A form of government which there is a central government representing other provinces. It acts to represent the provinces in foreign affairs. But, states or other territories have the same degrees and free. With the advent of political power, it allows all these regions share in decision-making. “ He further stated in his book Basic Concepts of Politics, he also outlined some features of political federalism (federal) should be owned by a federal country like Malaysia. i.There is a separation of powers between the central government and other provinces. ii.The separation between the central government and state governments in terms of political institutions as the legislative, the judiciary, and executive. iii.Has the constitutional (legal) mutually agreed in writing. iv.Have a clear constitution.

v.Has an independent judiciary to ensure justice.
Obviously, the features mentioned above has demonstrates a power-sharing ideal in a federal state, such as Malaysia. Without such features as found above, the existence of a country that uses the concept of federalism may be questionable. In line with Malaysia as a sovereign and independent as well, of course it has the characteristics of strong political and accurate. This is because Malaysia has a clear political boundaries, population, system of government has made this country a unique federal state. Democratic parliamentary system of government has established a strong federal constitution. This situation had resulted in shaping Malaysia as a leading and reputable democracy in the world now. In addition, it presents the doctrine of separation of powers as a platform to address the extreme centralization of power in the hands: some party or leader, to create a Malaysia, as a country that is famous and successful. In the context of Malaysia as a democratic country, the practice of the doctrine of separation of power is very important and useful for governing the country on the right track and be successful. The concept of the separation of powers doctrine is an idea that has been introduced by the western thinkers, namely John Locke and developed by Montenquieu, a prominent French philosopher in the 18th century. Both of these scholars have put forward the division of powers into three independent bodies of the legislative, the judiciary and executives. All three of these bodies in Malaysia, has been conducting their jurisdiction, and no exercise of the powers of other bodies. The main purpose of the concept of separation of powers is to prevent the concentration of power in the hands of the parties where the parties involved are likely to be affected by the abuse of power. In practice, power is defined as the ability to influence the behavior of others by instinct or the will of a person. Power can also be defined as a person's ability to force people, or forcing other countries to do something through persuasion, gift, promise or coercion even if they refuse to do...
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