Course: Constitutional Law

Title: SOP & provision in FC

Date: 2019- 8-2

2016 . Question no. 3

Discuss the implementation of the doctrine of SOP in M’sia with references to A.43(2), A.43(3), A.121(21),
A.122B(1) of the Federal Constitution.
What’s SOP Monstesquieu
Definition SOP Lord Acton

A.43(2), A.43(3): Our country follow principle of Westminister system,whereby the members of the PM
On Legis&Exec and its cabinet is taken from the houses. Therefore, they’ve common membership.
Discuss on fusion of Furthermore, as what Montesquieu had said, the 3 organs of the govt. system hv to be
Exe & Legis separated equally namely executive, legislative and judiciary. Therefore, why our
system(which having common membership) can be accepted? This is because under Art.
43(3) of FC provided tat exe and legis are collectively responsible to each other.
Therefore, a responsible govt. the exe. Members hv to always answerable to the pp
through legislative (Wakil Rakyat) in the Parliament and can’t escape from the scrutiny
from the legis. Therefore, this principle is adhered to and fit in. Although by the tri-par
tie structure, it seems didn’t fit into the order of SOP which Montesquieu.
It in effect means tat what in essence of happening is Check & Balance. This is becoz the
legis. Can done directly and monitor the xex. By asking them questions. Although there’s
criticism tat there’s no clear separation. But in fact the consequences are good. In
addition, it’s separation of function rather than separation of powers becoz there’re same
pp who exercise they function differently.

A.121(21),
A.122B(1):
Discuss on judiciary