Separation of Powers Separation of powers is a basic doctrine in modern democratic government. It originated from the writings of a French philosopher named Montesqieu who in 1748 published a book entitled “The Spirit of the Laws”. He introduced the idea that power of government were three of kinds: the legislative, the executive and the judicial power. In Malaysia, separation of powers is similar with the English legal system in United Kingdom. Based on our Federal Constitution, Article 39, 44 and 121 respectively deal with separation of powers.
Our main concern for this discussion is the judiciary which falls under Article 121 of the Federal Constitution. It is the body whose duty is to ensure all is and was done according to the law. The separation of powers is a fundamental guarantee of the independence of the judiciary. The principle of independence judiciary is widely known and acknowledged as …show more content…
It is defined as the idea of keeping the judiciary away from the other two branches of government as to avoid any influence on the court, from private interest as well as the other two branches. It is kind of concept to protect system of justice and the rule of law as well as to gain the public confidence in judiciary, whose duty is to carry out justice in impartial manner, otherwise justice will not be seen to be done.
Further, based on of one of the respected judges, Lord President Tun Mohamed Suffian Hashim, when he wrote foreword to The Role of the Independent Judiciary by Tun Salleh Abas , on 1988, judiciary is closely related to the function of the judges in resolving or adjudicating disputes fairly, thus, a judge must perform their function properly and cannot be influenced by other parties. As mentioned above, judiciary must be independent and the judge must concern with upholding justice without fear. According to the words of Sultan Azlan Shah during a Public Lecture in Universiti Sains Malaysia in
Our main concern for this discussion is the judiciary which falls under Article 121 of the Federal Constitution. It is the body whose duty is to ensure all is and was done according to the law. The separation of powers is a fundamental guarantee of the independence of the judiciary. The principle of independence judiciary is widely known and acknowledged as …show more content…
It is defined as the idea of keeping the judiciary away from the other two branches of government as to avoid any influence on the court, from private interest as well as the other two branches. It is kind of concept to protect system of justice and the rule of law as well as to gain the public confidence in judiciary, whose duty is to carry out justice in impartial manner, otherwise justice will not be seen to be done.
Further, based on of one of the respected judges, Lord President Tun Mohamed Suffian Hashim, when he wrote foreword to The Role of the Independent Judiciary by Tun Salleh Abas , on 1988, judiciary is closely related to the function of the judges in resolving or adjudicating disputes fairly, thus, a judge must perform their function properly and cannot be influenced by other parties. As mentioned above, judiciary must be independent and the judge must concern with upholding justice without fear. According to the words of Sultan Azlan Shah during a Public Lecture in Universiti Sains Malaysia in