INTRODUCTION Baron De Montesquieu 's Theory

-
-

I> strict separation of power among

executive &judiciary
#NCEPTOfSEPERATION
J)
individual
p
protect liberty on

Malaysian practice v

i> some strict while there is James Madison 's theory

still overlapping is each branch must be able to check and
balance each other
-

control political
>
I avoid abuse too
have two responsibilities
power
qifif have independent power is too much power -
abuses liberty & security
INTENT

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① LEGISLATIVEBODIGEXECUTIVCB.CI#
FUNCTIONS : ③ EXECUTIVEBODYGJUD.IE/ARYBOt
L i
amend law from ministry
RELATIONSHIP :
E i made out the draft for the law/ execute law .

o no overlapping
o Art 74C is
- :
parliament made law on concurrent list
.

o Y DPA can appoint judges on advice

o Art -
80 Cl ) : executive power -

parliament with law .

appoint cabinet on PM 's advice

MEMBERSHIP :
o Art .

43 i 4312 ) ( b ) : no distinct power .

FUNCTIONS :

° no overlap of powers
↳ executive members selected from parliament

:÷÷÷÷÷:÷÷÷:÷÷:÷:÷::÷
in

FUNCTIONS :
::*::
Li make 1am mend the law .
o we must ensure there is no abuse of

C- i interpret the law made .

power
-

justice can be served

-
administration of the country
& smooth
protected .

MEMBERSHIP :

o total separation
-

judges barred from being

legislative member -
. no abuse of power
o The legislative can ask the conduct of judge
with strict process .

o Article 4 Ci ) :
judiciary can ask for inconsistent
law with certain process .

o mere overlapping -

interpretation of law .