Relationship between judiciary and executive in malaysia

relationship between judiciary and executive in malaysia

KUALA LUMPUR, Oct 23 ― The selection and appointment of judges should not be influenced by the executive arm of government which. Discuss the functions of the Executive, Legislative and Judiciary bodies in schedule of duties and the relationship between the three bodies. In the Malaysian context, our governing bodies are the Executive . cultures and practices between Britain and Malaysia, the use of unwritten judicial rights jurisdiction and the Minister's rights in relation to security issues.

The doctrine [of Separation of Powers] is not a provision of the Malaysian Constitution even though no doubt, it had influenced the framers of the Malaysian Constitution, just like democracy. And what happened between and to make the upper echelon of our Judiciary think that it was no longer a part of our Constitution? What is the Separation of Powers? The Separation of Powers is a mechanism for want of a better word!

The Malaysian Bar - The Judiciary and the Lost Doctrine of Separation Of Powers

The mechanism works by balancing the powers that are distributed amongst the organs of government and by giving one organ the ability to check the use of power by another. In the Malaysian context, our governing bodies are the Executive Governmentthe Legislature Parliament and the Judiciary.

They are each intended to have very specific powers, that of enforcing the law, making the law and interpreting and applying the law. Each organ is in some manner answerable to the others.

And where is all this spelt out? In the Federal Constitution. Much like democracy is, although that word also does not appear in the Federal Constitution. Nevertheless, it is the sum total of all the provisions in the Constitution, as any right-thinking member of the public who deigns to read it will know.

It was indeed a very active year for politicians and judges alike.

relationship between judiciary and executive in malaysia

Article 1 of the Federal Constitution prior to its amendment said this: Judicial power, in contrast to Executive power or Legislative power, is the power to apply the laws of the country to arbitrate or resolve disputes between one citizen and another, between the Government and the citizen and between the Federation and its respective States. It also includes the power to determine if any law passed by Parliament contravened the provisions of the Federal Constitution, in which case the law would be rendered unconstitutional and void.

By expressly stating that judicial power was held by the Malaysian Judiciary, the pre-amended Article 1 entrenched beyond doubt the doctrine of Separation of Powers, but more importantly, legitimised that nebulous reserve of judicial power called inherent jurisdiction that enabled the Courts to apply entrenched principles of law and justice where the laws of Parliament were found lacking.

So the Judiciary no longer appears to have an overriding power to act as a check on the actions of the Executive and the laws passed by Parliament; it would in fact seem to have been made subservient to both.

Here are some of the reasons given by Tun M in Parliament on 17 Marchfor the proposed amendment to Article 1: If the responsibilities of one party can be disturbed by another party, the administration of this country will be threatened and will become weak, and a weak administration will not be able to guarantee stability and prosperity in a country.

The use of British Common Law without limits [and] without taking into account the different cultures and practices between Britain and Malaysia, the use of unwritten judicial rights such as Judicial Review, Natural Justice and others makes the written laws useless and the public as well as the Government no longer able to refer to the laws when taking action. In Malaysia, we agreed to make a written Constitution the source of laws and supreme power.

relationship between judiciary and executive in malaysia

But the interpretation of all laws and the Constitution was handed over to the courts without limits. This means that actually a written Constitution is dependent on judicial discretion that sometimes changes and differs from one judge to another judge.

relationship between judiciary and executive in malaysia

What is this Natural Justice? What is so natural about justice that is executed by the Western courts. At one time they imposed the death sentence on someone who steals a goat.

Now, a person who kills tens of people a vicious terrorist that kills indiscriminately even is not sentenced to death. Does this make Natural Justice better than our laws until we must follow it? Must the excessive freedom given to Westerners be also given to us? Is the life of the murdered person of no value but the life of the murderer so sacred until he cannot be sentenced to death?

If we go along, we are going to lose our power of legislation. We know exactly what we want to do, but once we do it, it is interpreted in a different way, and we have no means to reinterpret it our way.

Government of Malaysia - Wikipedia

If we find out that a Court always throws us out on its own interpretation, if it interprets contrary to why we made the law, then we will have to find a way of producing a law that will have to be interpreted according to our wish. On 10 Junewith their strong hold in Parliament, the ruling party easily passed the amendment to Article 1.

G25 forum: Separation of powers between executive, legislature and judiciary needed

Dewan Undangan Negeri whose members are elected from single-member constituencies. State governments are led by Chief Ministers [6] Menteri Besar in Malay states or Ketua Menteri in states without hereditary rulerswho are state assembly members from the majority party in the Dewan Undangan Negeri. They advise their respective sultans or governors.

In each of the states with a hereditary ruler, the Menteri Besar is required to be a Malay, appointed by the Sultan upon the recommendation of the Prime Minister. Local government in Malaysia The local government or local authority Malay: It has the power to collect taxes in the form of assessment taxto create laws and rules in the form of by-laws and to grant licenses and permits for any trade in its area of jurisdiction, in addition to providing basic amenities, collecting and managing waste and garbage as well as planning and developing the area under its jurisdiction.

Local authorities in Malaysia are generally under the exclusive purview of the state governments and headed by a civil servant with the title Yang Di-Pertua President.

Local government areas and the boundaries is usually consistent with district boundaries but there are some places where the boundaries are not consistent and may overlap with adjoining districts especially in urbanised areas. Unlike the federal and state governments, the local governments in Malaysia are not elected but appointed by the state government after local council elections were suspended by the federal government in Military, police and other governmental bodies[ edit ] The Malaysian Armed Forces are the military body of Malaysia and the Royal Malaysian Police are in charge of law enforcement.

relationship between judiciary and executive in malaysia

Law of Malaysia The law of Malaysia is mainly based on the common law legal system. This was a direct result of the colonisation of Malaya, Sarawak, and North Borneo by Britain between the early 19th century to s.

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The supreme law of the land—the Constitution of Malaysia—sets out the legal framework and rights of Malaysian citizens. Federal laws enacted by the Parliament of Malaysia apply throughout the country.

relationship between judiciary and executive in malaysia

There are also state laws enacted by the State Legislative Assemblies which applies in the particular state. The constitution of Malaysia also provides for a unique dual justice system—the secular laws criminal and civil and sharia laws.

Articles 73 to 79 of the Federal Constitution specifies the subject in which the federal and state government may legislate. Parliament has the exclusive power to make laws over matters falling under the Federal List such as citizenship, defence, internal security, civil and criminal law, finance, trade, commerce and industry, education, labour, and tourism whereas each State, through its Legislative Assembly, has legislative power over matters under the State List such as land, local government, Syariah law and Syariah courts, State holidays and State public works.