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PA D 1 2 0 : I n t r o d u c t i o n To P o l i t i c a l S c i e n c e

To p i c 6 :

SEPARATION OF
POWER
Prepared to:

Mr. Firdaus Ramli


Prepared by:

Muhammad Khaleq Bin Murdipi


2014969539
Muhammad Aiman Naufal Bin Nasrud-din 2014580499
Farhana Binti Md Fudzi
2014791057
Nor Ezati Binti Subri
2014969507

Scope of Discussion:
Introduction to the Separation of Powers
Reasons for the Separation of Powers
Criticisms of Separation of Powers

Introduction to the

Separ
ation
Power
s
Of

Separation of
Powers

Constitutionalism
suggest for limited
government. How are
we going to have
effective limited
government?

What is the idea of


What is the idea of
Separation of
Separation of Powers?
Powers?
Separating
the functions
of the
executive,
legislative
and judicial
department

To create
check &
balance
between the
organisation &
government

How to avoid
concentration of
power?

T h e o r y o f t h e S e p a r a t i o n o f Po w e r s b y

Montesquieu

French scholar wrote in his famous


book, The Spirit of the Laws
Le pouvoir arrete le pouvoir (power
halts power)
Separating the functions of executive,
legislative and judicial departments of
government
He asserts that concentrated power is
dangerous and lead to depotism

JUDICIA
L

EXECUTIVE

LEGISLATI
VE

CONCEPT

i n th e Se pa r atio n of Pow er
Two main concepts:

Those individuals who participate in


executive cannot participate in legislative
or judiciary
Each individual from any bodies cannot
influence other individuals from other
bodies

The
Legislative

The Executive
Executes
laws
Two types:
Nominal
executive &
Real
executive
Internal
administrati
on
External
administrati
on
Military
function
Legislative
function

Make laws
Malaysia
Parliament:
HoS & HoR

The Judiciary
Interprets
laws to
determine
punitive
measures
against
offenders

Functions

Make, amend
or replace law
Represent
people in
government
Financial
function
Electoral
College

Establishing
facts
Interpreting
laws
Creating laws
Upholding
constitution
Preventing
infraction of
laws

Reasons
for the

Separation
of

Powers

Avoiding
domination of
power Deleg

ation
of
powe
r in
the
hand
of
many
instea
d of a
single
perso
To ensure n

the
accountabili
ty of
government

Prev
entin
g
pow
er
abus
e or
misu
se of
pow
er A device to
make
government
Exist safe for the
ence governed

of
chec
k and
balan
ce
mech
anis
m
onto
powe
r

Criticisms
of

Separation
of

Po w e r s

An
expansive
form of
government

Takes a long
time in
making
policies
(decision)

Lack of
cooperation
&
coordination
between
the
legislative &
the
executive

The system
is
sometimes
unstanble