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The theory of separation powers is popularised by Baron de Montesquieu or by his real name Charles Louis de La Brede in his book Spirit of Laws. During the Greece heroic times, exists the three argues, where people are the legislative and the king as the judge and Executive. In this era where people have the legislative power, the March has became diminish because it was indistributed. Separation of Powers is the main factor to uphold the rule of law, where government by the law not based in single power Monarchy alone could bring tyranny, aristocracy alone could bring oligarchy, and Democracy could bring anarchy. Liberty is a right of doing whatever the laws permit, and if a citizen could do what they ever the laws permit, and if the citizen could do what they forbid he would be no longer possed of liberty, because all his fellow citizens would have the same power. To prevent this abuse, it is necessary from the nature of things that power should be a cheek to power. A government may be so constituted, as no man shall be compelled to do things to which the law does not oblige him, nor forced to abstain from things which the law permits. This is the importance of check and balance. In every government there are three separation of power, the legislative, the executive in respect to things dependent on the law of nature, and the executive in regard to matters that depend the civil law. By virtue of the first, the prince of magistrate enacts temporary or perpetual laws, and amends or abrogates those that have been already enacted, by the second, he makes peace or war, sands or receives embassies, establishes the public security, and provides against invasions, By the third, he punishes criminals, or determines the disputes that arise between individuals. Lord John Actor if England remarked that ³ power tends to corrupt and absolute power corrupts absolutely´. The principle of separation of powers and checks and balances practiced in the United States, for example, were based upon the assumption that every man invested with power is apart to abuse it. It was argued that if the executive, legislative and judicial power are untied in the system will be tyrannical as was the case with absolute monarchy. It has been pointed out by scholars that monarchs were no more corrupts than thosewhose powers were more limited. It has been argued that limiting power will not necessarilyresult in a good government. Those with limited power may find it difficult to achieve theirdesired goals and hence may,
Ministers are the heads of the various administrative departments. In Malaysia normally the Prime Minister came from the Dewan Rakyat and it¶s a requirement to become a Prime Minister in Malaysia. This fusion of legislative and executive functions is inherent in the Westminster system. All this can be found in the article 121 (about judiciary). sometimes. It is a gross oversimplification of the facts. under parliamentary system.since power also enables and powerlessness also corrupts and enables«´ Stipulation of Separation of Powers in Constitution SOP in Malaysia The separations of power in Malaysia system are merely like or mostly like the UK separation of power rather than US. Thus Lord Acton¶sassertion that ³ power tends to corrupt´ is wrong. In Malaysia the YDPA who is the ceremonial executive is an integral part of the Parliament. later on. ³from first to the last. on the one hand and . as may be found in the United States when the president belongs to one party and the majority in congress to another. legislative and executive. On the contrary. there is full and harmonious collaboration between the law making and the money-granting authorities. it will be mentioned as Parliamentary System type of government while the United States as Presidential System. But although the system practiced in Malaysia is merely same like Britain it is important to note that the Federal Constitution clearly stated the functions of the three organs of government. which ensures harmonious cooperation between executive and legislative branches of government. The cabinet is appointed by the YDPA in the advice of the Prime Minister. for Malaysian and UK context. This is because there is no separation of executive and legislative power because of the cabinet type of organization. General advantages of parliamentary system (Uk and Malaysia) Parliamentary system is the only form so far devised in any representative democracy.through corruption. Malaysia and United States. Later we will discuss in detail about the functions. 44 (about legislative) and 39 (about executive) of federal constitution. power and role of the three organs of government which is judiciary. try to increase it the individuals who are sufficiently powerful to accomplish their tasks do not need to be unethical. Therefore in this topic it will be discuss on Separation of Powers in three different government which are United Kingdom. Since Malaysia inherited the concept of separation of powers from UK Common Law.
Bryce adds 2 more advantages of the presence of minister in the legislature: Being in constant touch with the opposition as well as in still closer contact with the members oftheir own members. Themembers of the legislature can also call the attention of the government any grievance felt bytheir constituents and secure quick address.´ There are thus few changes of conflict of authority and jurisdiction. . the ministers can feel the pulse of the assembly and through it the pulse ofthe public opinion. the full power of government can be promptly brought to bear upon any great emergency. With authority thus concentrated. of their measures. in a friendly way.the law enforcing and money spending authorities on the other. and can thereby obtain useful critic.