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 Public Service, the Defence Forces, the Police Forces and other law-enforcement organisations. The executive branch is the most powerful branch for the government. Then, the judicial is used for explains the laws. It includes the Chief Justice, judicial officers, the courts over which they preside and other judges. Moreover, the doctrine of separation of powers is mentioned about the human rights and the liberty can prosper only the three branches sticks to its proper role. For example, the Executive, which is the President or a Minister make laws and execute them, then we no longer have the rule of law but the rule by the governmental system will tend to the autocratic and the despotic rule.
The Doctrine of separation of powers in Malaysia The doctrine of separation of powers in Malaysia system is same as the English legal system in U.K separation of power. In Malaysia, Prime Minister should come from the Dewan Rakyak and it is the responsibility as a democratic of country. In Malaysia, the Yang di-Pertuan Agong is the observance executive is integration of the part of the Parliament and also is the monarchy power to become the integration of the part of Separation of Power in Malaysia. The Yang di-Pertuan Agong nominated
References: 1) http://www.thezimbabwean.co.uk/news/35650/the-doctrine-of-separation-of-powers--its-values-and-limitations.html 2) http://www.themalaysianinsider.com/sideviews/article/can-the-separation-of-power-in-malaysia-become-reality-koon-yew-yin 3) http://www.lawteacher.net/public-law/essays/doctrine-of-separation-of-powers-law-essays.php