The Separation of Power in Malaysia is merely like the UK separation of power. This is because separation of power in Malaysia does not have the executive and legislative power been separated because malaysia is cabinet type of organization. On August 31, 1957, British had gone since independence. Malaysia practices Parliamentary Democracy and Constitutional Monarchy. The structure of government in Malaysia is very similar to British. This is because Malay Peninsular was a former British Colony. The Federal Constitution divides to three branches of government that Legislative, Executive and Judiciary. This concept is based on the Separation of Power in the British. In Malaysia, the separation of power is divided to three branches, therefore legislative, executive, judiciary. The legislative is controlled the by Parliament, executive is controlled by government, judicial is controlled by courts. In UK, the executive is a branches, it is implements and formulates the policy to run the country. Therefore it is become a part of separation of power. It is deals with the formulation of rules, policies and plans regulation in relation to overall governments. Executive comprises of Member of Parliament, House of Commons, and House of Lords. Legislative is charged of executing legislation, UK legislature is knows as Parliament. It compose by Queen, the House of Lords and the House of Commons. Judiciary is responsible for adjudication of deputies and development of Common Law. This branch relates to Legislative to set up a smooth administration ideally.
Civil society has been deployed a variable in explaining the democratic political change, particularly in developing countries. The growing political prominence of civil society great deal of thoughts its role in Malaysian politics. An issue that we are facing now is whether the movement itself can make a change in Malaysia. The issue in recently, LYNAS and BERSIH is become civil society, which is a non-government and have powerful. Therefore, civil society is an important organization in the development country.
Civil society as a positive force for the development of democracy and good governance, Malaysian believes that the strengthening of civil society through means such as the movement by Bersih 3.0 will in return strengthen democracy. However, we should not forget that civil society organisations could also weaken the political parties and government institutions. There are serious possibilities for either one to happen in the context of Malaysia. Some of the factors include the stage of political opportunity, political development and constraints, the size and resource base of the civil society organisations themselves, as well as the quality of their leadership. Exception of a complete breakdown of norms, civil society organisations has a limited effect and cannot substitute for the state or political parties. In the contemporary situation of Malaysia, political parties and the government are both depending on the direction taken by civil society organisations. Civil society’s potential for strengthening democracy, will be realised if there are strong and accountable electoral systems, party systems and executive legislative arrangements. A strong civil society that called social capital, embedded in its many associations, is often thought of as necessary to a strong democracy, can transform an authoritarian regime into a democratic one. In the judiciary is not necessary not only for judiciary that express pronouncement of the vested of judicial power. It is a way of constitutional guarantee that the Courts are seized with an overriding authority to adjudicate on any matter involving our liberty, rights or property. So you need the restoration. You need that guarantee in the one document that all Malaysians and Malaysian institutions must obey, so that it withstands political judicial, and vagaries the loss of our history.
Now, Law in Malaysia is protecting the Malaysians and preventing people violate in the country. The legislative is to create the law, executive is to run the law in the country and judiciary is to protect the law. Legislative can balances the society by executive. Executive is checked by the judiciary. Judiciary also controls the legislative. Therefore, legislative, executive and judiciary interact with each other to have a check and balance on their powers so that no one can have excess power above one another. Thus, protecting the law of Malaysia. Separation of power is very important in development of law in Malaysia. Overall, civil society in Malaysia plays an important role in development of the country. Civil society affects and pressures the government. Civil society will make the government feel stressful, so they will not abuse the power. A case on BERSIH recently, which is a civil society try to stop government from continuing the LYNAS’ project, but government just ignore the opposite voices and keep on their work. So, we conclude that true practise of separation of power and role of civil society are important factor in development country. If this can be done, Malaysians can live more happily and enjoy the liberty under the law of Malaysia.