Question 1 Critically analyse the effectiveness of doctrine of separation of powers with latest development in Malaysia. Introduction The doctrine of the separation of powers is defined as the constitutional principle that limits powers vested in any person or institution. In the doctrine of the separation of powers, it has been divided into three branches, which is a legislative, executive, and judicial power of a government. First of all, the legislative is talking about the making of laws; it also consists of the Parliament and the senate. Next, the executive is to place the law into operation, which is it is a branch that execute the business of the government, such as the President, Vice-Presidents, Prime Minister, the Cabinet, the …show more content…
Question 2 In October 2012, Johar borrowed RM6,000 from Yati. Johar promised to repay the loan within five month. However, he was unable to repay the full amount. After some negotiation in January of this year. Yati agreed to accept RM3,000 from Johar in full statement of the debt. Johar promptly paid the amount of RM3,000 to Yati. However, much to his surprise, Johar has receive a letter from Yati demanding the balance of the loan, amounting to RM3,000. Adise Johar. Identification of issues Whether there is a contract between Johar and Yati? There is a contract between Johar and Yati because in this case, Yati already agreed that to accept RM3,000 from Johar in full statement of the debt. Next question is whether Yati can claim back the debt for another RM3,000? The answer is no, the reason is once she agree to accept the RM3,000 from Johar in full statement of the debt, then she cannot take back the another RM3,000 from Johar. Explanation of the law In the case, it is under the S2 (d) CA 1950, Consideration. Its mean that when at the desire of promisor, the promisee or any other person has done or obstained from doing, or does or obstains from
Separation of powers is an act of vesting the legislative, executive, and judicial powers of governments in separate bodies. In Document B it states "Liberty requires that great departments of powers should be separate and distinct." Separation of powers protects against tyranny because it allows each branch to have a different view point on a subject of matter. It allows people to express their
Separation of Powers – the split of authority among the legislative, executive, and judicial branches of government.
The separation of powers is a theory of government whereby political power is distributed among three branches of government; the legislature, the executive and the judiciary. The doctrine of the separation of powers embodies three basic principles; limited government, which means that the government’s power over its citizens is limited by the Bill of Rights. Secondly is the separation of personnel, meaning that no one person can hold office in separate branches of the government at the same time. And lastly, each branch of government keeps a watch over the other branches of government and in some cases can overrule it to prevent them from becoming too powerful.
The framers of The Constitution used the principle of separation of powers from the works of Baron de Montesquieu to separate the government into three branches. These said branches would have power over their own functions, but the branches would also have the power to keep each other from getting to powerful through the system of checks and balances. For example, the legislative branch has the power to enact laws, and appropriate the funds necessary to run the government. While these powers are reserved to the legislative branch the executive branch and the judicial branch both have
Separation of powers is the split up of government into three branches. This makes it so not one person can get too powerful. James Madison stated " The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many... Liberty requires that the three great departments of power should be separate and distinct"(Document B). He obviously wanted the separation of powers.
One of the most commonly acclaimed attributes of the constitution is the concept of separation of powers. It is commonly argued that this concept blocks
The separation of powers and checks and balances is a system that was created in America by the founding fathers in the constitution of the United States. The separation of power plays an important role of keeping the three branches which are legislative, executive, and judicial in the government systems equal to one another and that neither branches becomes too powerful. Each branch has its very own power and duties to serve to the people and government. All three branches play a significant role in checks and balances and separation of powers, in our government and rely on each other to make sure that all of the power is equally distributed.
The doctrine of the separation of powers is an important principle in Constitutional law. The separation of the legislature is the power to make laws; the executive is the power to administer the laws; and the judiciary is the power to interpret and enforce laws that is constructed through the Commonwealth of Australia.
Obligations incurred from the year 2003 up to the present will be paid, on installment basis;
Hi Juliet - the security agreement seems comprehensive. Would be good to have the debtor as Air-Sea Packing Group Inc, Subsidiary and Affiliates or perhaps even better to have the debtor as Air-Sea Packing Holdings Limited which is the ultimate parent company based in the UK. According to the financial statements of Air-Sea Packing Group Inc, the Parent has provided a corporate guarantee and the Parent’s owners have provided personal guarantees of the mortgage in the amount of $5.5M from Chase to Air-Sea Packing Group Inc so the Parent company is familiar with these kind of security requests. The only area of potential concern regarding security for the debt is $2.8M is to repaid to Chase in June 2018 which falls within the three-year period
There are numerous ways to improve the Malaysian electoral system both in fairness and efficiency. Currently, there is a lack in confidence in the validity or neutrality of the Electoral Commissions (EC). Members of the EC are elected by the Yang di- Pertuan Agong (YDPA) after discussing with the Conference of Rulers (Legal Research Board, 2013). However, according to Article 40 the YDPA can only act after receiving advice from the Cabinet or a Minister representing the Cabinet (Legal Research Board, 2013); in most cases it would mean the Prime Minister. Hence, it may seem that the politically neutral EC were to be pro-government. A solution to this problem would be to amend the Constitution so that the House of Representatives can debate on the nomination of the EC members, then their decision would be passed on to the YDPA. By doing so, the EC would comprise of members that have the approval of both the government and opposition, thus making the committee fairer. Aside from that, the EC should manage its own budget, and should be reviewed by the Auditor-General and not be dissected by the Parliament.
The Indian Contract Act, 1872 does not prescribe any form for entering into contracts. A contract may be oral or in writing. It
While Malaysia has shown vast amounts of progress in their civil society, the country still shows significant issues that may prevent a fully developed democracy from blooming fully and staying true in the future. Their Civil Society still battles being constantly repressed by their government along with ethnic conflict, and even their media outlets are still highly controlled by the government. The only way that Malaysia may be able to stay true to democracy is if a political change in culture occurs and has the mass support of its people to want to change their country’s ways. This essay analyzes Malaysia’s tricky transition into democracy.
According to above article, Mr and Mrs Lee provides a bank guarantee over the loan for the vehicle purchased by their son Lim, but Lim subsequently defaults on his repayments and banks seek to enforce the guarantee against their parents. At the time of guarantee was entered to, neither of parents have good English language; both elderly and they had no independent legal advice. As, in this issue, its didn’t state that whats the agreement exactly on, what has written on the agreement, why it affect the guarantee person.
10,000 but cannot raise this amount because his credit is not good enough. Y whose credit is good accommodates. X by giving him a pronote made out in favour of X, though Y owes no money to X. X endorses the pronote to Z for value received. Z who is holder in due course the pronote to Z for value received. Z who is holder in due course demands payment from Y. Can refuse and plead the arrangement between him and X Explain briefly?