Critically Analyse the Effectiveness of Doctrine of Separation of Powers with Latest Development in Malaysia.

Separations of powers is a principle of the United States government, giving powers and responsibilities that are divided among the legislative branch, executive branch, and judicial branch. Checks and balances are certain powers that each branch of our federal government have to check on each other and make sure one branch isn’t doing something against the Constitution. These balances between the branches ensure that no branch becomes too powerful. Preventing this means that all of the branches are equal and balanced and allows a fair federal government for the people.

Separation of Powers – the split of authority among the legislative, executive, and judicial branches of government.

To ensure the separation is effective and citizens' rights are protected, each branch has its own powers and responsibilities, including working with the other branches. Document 1 shows that the principle of separation of powers helps limit the powers of the federal government by not allowing one branch to have too much of one power. The Legislative branch, for example, is made up of the House of

The Separation of Powers is a principle by which powers are divided among different branches of government to make sure no one branch has too much power. James Madison, in Federalist Paper #47, said, “The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may be justly pronounced the very definition of tyranny…” (Document B). He decided that the power would be separated into three different branches, to prevent the risk of dictatorship. Each branch would have separate jobs and duties, as “...

Separation of Powers is when the power of each branch of government (Executive, Legislative, and Judicial) is separate and distinct. This keeps any one branch from becoming too powerful. Each branch of government has its own responsibilities. The Executive Branch consists of the President, Vice-President, and the Cabinet. Their job is to enforce the law. The Legislative Branch is Congress, which is the Senate and the House of Representatives. The Legislative Branch’s job is to make laws. Last, but not least, is the Judicial Branch. Its job is to make sure that all laws are fair. Document B says, “The accumulation of all powers, legislative, executive, and judiciary, in the same hands whether of one a few or many, and whether hereditary, self-appointed, or elective, may be justly pronounced the very definition of tyranny.” Separation of Powers guards against tyranny because it splits into three and keeps each branch of government

(doc b) This is called the Separation of Powers. The separation of power guards against tyranny. There are 3 separate departments of power, legislative, judicial, and executive. (doc b) Legislative makes the laws, judicial makes sure that laws are constitutional, and the executive which includes the president, enforces the laws. If you separate these powers then you guard against tyranny. (doc

Separation of powers is when the powers split into three branches of government. In document B, James Madison claims that “Liberty requires that the three great departments of power should be separate and distinct.” This means that each branch of government should be different and should be doing their own jobs. For example, all legislative powers shall be “vested” in the US congress. The executive power shall be “vested” in a president of the US.

Separation of powers means that in the United States government powers are split among the three branches of government which are: the executive branch, the legislative branch, and the judicial branch, which you learned in document B. The separation of powers helps guard against tyranny by making sure that one specific branch doesn’t gain too much power. If one branch were to gain an excessive power, then that branch would have more say than the other two branches which could result in tyranny. The third way in which the constitution guarded against tyranny is checks and balances.

Separation of powers is the capability of the national government are divided into three distinct branches. The legislative branch has the power to make the laws, the executive branch can enforce laws, and the judiciary can determine if laws are broken (Doc. B). The different branches have their own powers to focus on, and can improve our country by only focusing to the powers that they were appointed to. This guards against tyranny by making sure that one branch does not have more power than the other. It prevents the person or group from doing whatever they want.

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.

The Division and Separation of power are essential to keep our societies rulers to have a restriction on their powers. The importance of each on the Australian domestic law especially in relation to the rule of law, and protecting individual rights, and the legal system.

The Court adopted this approach in order to not give the national government too much power. I think this approach is desirable only if it is suitable for the wellbeing of the country and its people.

The Proclamation of Emergency provided in Article 150 permits Parliament and YdPA to override all provisions of the Constitution. This is not to say rule of law is not stable, but that the regular law operates alongside a system of emergency law which is much more draconian. An example is the powers of preventive detention, or International Security Act, which will be discussed further.

Article 44 of the federal Constitution vests the legislative authority of Malaysia Parliament. Explain the legislative process in the Malaysia Parliament.

“The federal government holds various portfolios including external affairs, defense, internal security, civil and criminal law, citizenship, finance, industry, health and education.” (Malaysia: Between Democracy and Authoritarianism 2009) The federal government may also make laws to promote the consistency of the laws of two or more states and it may formulate laws on any subject at the request of a state legislative assembly. Executive power lies in the “cabinet led by the prime minister who must be a member of the lower house and command a majority.” (Malaysia: Between Democracy and Authoritarianism 2009) The cabinet is chosen from members of both houses of parliament. The prime minister of Malaysia is appointed by the Paramount Leader, who also appoints the cabinet on the advice of the prime minister. “A justice system originally based on the British one operates in tandem with Sharia courts.” (Malaysia: Between Democracy and Authoritarianism 2009) The Federal Court is the Supreme Court and it’s the final court of appeal, it also has “exclusive jurisdiction” in constitutional matters and in matters arising between states or between the federal government and the states. (Malaysia: Between Democracy and Authoritarianism 2009) Appeals that arise from the High Courts