Separation of Separation of PowerPower

Separation of Separation of PowerPower

History

• Def: Separation means there is partial or division. Power means ability to influence other individuals and do something as he or she wishes.

• Introduced by John Locke and Montesquieu.

• Locke mentioned the separation of power’s theory in his book “Two Treaties on Civil Government” 1960 and critiques regarding the absolute power that has been given to the king.

• According to him, power and state’s function must be divided into 3 bodies: – Legislative – to formulate law and policy– Judicial – to implement law and ensure justice– Executive – to monitor all actions in order to

maintain the stability and peaceful in a state as well as to maintain relationship with other states.

• Montesquieu “The Spirit of Law-1748” – clarified that unlimited power of the monarch can lead to misuse of power.

• Suggested that power must be controlled and limited.

• Every branch in a government structure must be given power and function to rule the government- must control each other’s power (process of check and balance).

Purpose of the Separation of Powers

1. To avoid violence and cruelties2. To abolish centralization of power3. To abolish misuse of power

Concept of the Theory of Separation of Power

– Individuals who participate in government administration cannot participate in legislative or judiciary.

– Individuals cannot influence other individuals from other institution.

•The legislative body- to formulate law and policy. Responsible to make law which will be implemented in a state.

•The executive body- administers and implements law and policy.

•The judiciary body- executes the law structure of government comprise of the Congress, the senate and the President, the chief executive as the President.

Separation of Power in Malaysia and England

• Characteristics:1. The members in the legislative body are

also members in the executive body. In Malaysia, the legislative body is called Parliament which consists of Senate (Dewan Negara) and the House of Representative (Dewan Rakyat). Whereas in England, the legislative body is called as Parliament which consists of the House of Lords (Dewan Negara) and House of Commons (Dewan Rakyat). Both practice the bicameral systems (two chambers).

2. The party that has majority vote will rule the government.

3. The government needs a good support from legislative body in order to ensure that all policies and strategies planned will be implemented smoothly.

• Judiciary is fully independent, these are their powers:

1. The court has the power to proclaim any government ruler’s either federal or state as not legitimate.

2. The court has the power to proclaim or declare any law that approved by Parliament is legitimate or not.

The Separation of Powers in United States

• The important aspects:1. The president has the power to rule and

appoint officers that are responsible and answerable directly to him.

2. The Congress has legislative power and does not have any relation with executive and judiciary.

3. The court has judicial power and does not have any relation to the executive and the legislative.