CONCEPT OF SEPARATION OF POWER
The doctrine of separation of power is a vital principle in constitutional law. Basically, doctrine of separation of power deals with the mutual relations among the 3 organs of the state which are executive, legislature and judiciary. This doctrine can be traced back to Aristotle which classified the functions and the power of the states into 3 categories named continuous executive power, discontinuous legislative power and federal power.
The clearest explanation of doctrine of separation of power can be found in the French philosopher, Baron de Montesquieu, in his book L. Esprit des Lois (The Spirit of Law).Montesquieu is one of the earliest philosophers that develop the doctrine of separation of power. Montesquieu stated that, “if the legislative and executive powers are vested in the same body, there can be no liberty. Besides, there is no liberty if the judiciary is not independence. If the judiciary is joined with legislative power, the life and liberty of individual will exposed to arbitrary control whereas if joined with executive power, the judge will behave with oppression. This will end up with three powers will exercise by the same body.” …show more content…
This is because human rights and liberties will be abuse if the power is concentrated on one body. Doctrine of separation of power aimed to uphold the rule of law and protect the individual’s right and liberties. Doctrine of separation of power is associated with a system of checks and balance to prevent abuse of power. This essay will critically examine the doctrine of separation of power that practiced in our country, Malaysia, United Stated and United Kingdom. In United States, there is a strict separation of power whereas in Malaysia and United Kingdom has a compromised separation of legislature and executive
The doctrine of separation of power is a vital principle in constitutional law. Basically, doctrine of separation of power deals with the mutual relations among the 3 organs of the state which are executive, legislature and judiciary. This doctrine can be traced back to Aristotle which classified the functions and the power of the states into 3 categories named continuous executive power, discontinuous legislative power and federal power.
The clearest explanation of doctrine of separation of power can be found in the French philosopher, Baron de Montesquieu, in his book L. Esprit des Lois (The Spirit of Law).Montesquieu is one of the earliest philosophers that develop the doctrine of separation of power. Montesquieu stated that, “if the legislative and executive powers are vested in the same body, there can be no liberty. Besides, there is no liberty if the judiciary is not independence. If the judiciary is joined with legislative power, the life and liberty of individual will exposed to arbitrary control whereas if joined with executive power, the judge will behave with oppression. This will end up with three powers will exercise by the same body.” …show more content…
This is because human rights and liberties will be abuse if the power is concentrated on one body. Doctrine of separation of power aimed to uphold the rule of law and protect the individual’s right and liberties. Doctrine of separation of power is associated with a system of checks and balance to prevent abuse of power. This essay will critically examine the doctrine of separation of power that practiced in our country, Malaysia, United Stated and United Kingdom. In United States, there is a strict separation of power whereas in Malaysia and United Kingdom has a compromised separation of legislature and executive