Q.
a) Malaysia adheres to the doctrine of separation of powers. Explain. (5 marks)
b) State the civil jurisdiction of the lower and higher courts in Malaysia. (15 marks)
(20 marks, 2011 Q7)
A.
a)
Malaysia is a country which practices a parliamentary democracy which is based on British Westminster system. The concept of “people rule’ applies whereby the leaders are chosen by people through election process who then form the government.
Since independence, the governing and administration of our country has been strengthened further by means of separation of power based on our constitution. To discuss further whether the separation of power is applicable in Malaysian context, it’s wise to understand first, the meaning of separation of power itself.
The three main powers or bodies which forms our constitution are knows as The Executive, The Legislative and the Judiciary. Separation of power basically means there’s no overlapping or conflict of interest in carrying out their duties to run the government, among these bodies.
The specific duties of each body should be looked upon to: The Executive – Is a body which has the power to govern the country either in the federal or state level. This is a unique collaboration between the federal and state level to run the country efficiently. At the federal level they are known as the cabinet and headed by the Prime Minister and in the state level they are known as state executive council (Exco) which is headed by Chief Minister or Menteri Besar. Their primary function is to govern, administrate and to implement laws that are passed by the legislative body at their respective levels (federal or state). They can’t interfere in matters related to legislative or the Judiciary.
The Legislative body - As similar to the Executive, the legislative body exists both at federal and state level. At the federal level, they are known as Member of Parliament (MP) and headed by The Yang Di Pertuan Agung and State legislative Assemblymen (ADUN) headed by Yang Di Pertua or Sultan at the state level. Their main function is to draw up, amend and pass laws.
Then, there is the judiciary which makes judgments on whether the actions taken by individuals or even by the government, is in accordance with the law. Those who break the law can be arrested and brought to court to be judged as to whether the person is guilty or not.
There are times when people can take action against the government including the legislator, the governing body and the executive, if they feel that these people have not abided by the law. So in such cases, it is for the judiciary to decide.
The judiciary is a special body in our society which may not be criticized. As what separation of powers is supposed to be, the task of the judiciary is actually to pass judgment on the laws that have been passed in Parliament. Parliament makes the law; the judiciary then interprets it and passes judgment on cases involving breaches of the law.
Ref:
http://library.perdana.org.my/Digital_Content/PLF/PDS/PDS9%5B1007781%5D.pdf
b) Civil jurisdictions of lower and higher courts.