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Keje Sekolah Pad 120

The document discusses the separation of powers in Malaysia and the United States. It explains that Malaysia follows a parliamentary system with some fusion of powers, as the legislative and executive branches have some overlapping membership. The United States strictly adheres to the separation of powers, with the legislative, executive, and judicial branches being completely independent. While both systems have advantages and disadvantages, the separation of powers in the US ensures each branch can check the others to prevent domination by any one person or branch.

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Norashikin Mat Saad
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289 views2 pages

Keje Sekolah Pad 120

The document discusses the separation of powers in Malaysia and the United States. It explains that Malaysia follows a parliamentary system with some fusion of powers, as the legislative and executive branches have some overlapping membership. The United States strictly adheres to the separation of powers, with the legislative, executive, and judicial branches being completely independent. While both systems have advantages and disadvantages, the separation of powers in the US ensures each branch can check the others to prevent domination by any one person or branch.

Uploaded by

Norashikin Mat Saad
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© © All Rights Reserved
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Question : Explain the separation of power in Malaysia and the United States of America(USA).

Montesquieu said in his boo! The Spirit of Laws! to a"oid concentration of power in
#o"ernment is by separatin# the function of the executi"e! le#islati"e and $udicial department of
#o"ernment so that one may operate as a balance a#ainst another and thus! power should be a
chec on power. %he theory emer#e there from is nown as Separation of Powers.
The Theory Separation Of Powers.
%he theory of separation of powers merely means that a different body of persons is to
administers each of the three department of #o"ernment.
%he separation is important for the purpose of preser"in# the liberty of the indi"idual and
for a"oidin# tyranny. %he three branches of power in #o"ernment are the le#islati"e! the
executi"e and the $udiciary.
%he &e#islati"e
%he le#islati"e is the official #o"ernment that responsible of main# laws. %hey are directly
elected by citi'ens. %he function of the executi"e and the $udiciary are base on the law that are
passed by the le#islature.
%he Executi"e
%he executi"e are top administer in any #o"ernment officers. Executi"e are all #o"ernment
official except those actin# le#islature and $udicial capacity. %hey are responsible on enforcin#
and executin# policies.
%he (udiciary
%he $udiciary is responsible on $ud#in# usin# the laws. %he $udiciary is the #uardian of the ri#hts
of people. %hey protect the indi"idual a#ainst the tyranny of state! poor a#ainst the rich and wea
a#ainst the stron#.
Separation of )ower *n Malaysia And %he United State +f America(USA).
*n Malaysia! the separation of powers is not absolutely separate. %his is because Malaysia
use a parliamentary system and it practicin# the concept fusion of power. *n fusion of powers! it
is difficult to distin#uish the le#islati"e and executi"e branches because they are usually same
members of parliament. %he cabinets ministers of Malaysia are also super"ise the administration
of executi"e. %he parliament is whole supreme o"er its constituent part. %he concentration of all
powers is in the parliament.
*n USA the concept separation of powers is totally been practiced. %he three branches of
#o"ernment are totally separate by its own. %he le#islati"e and the executi"e compete to each
other to chec the powers of another. *t is to ensure the firmness of administration. %he )resident
of USA will appoint his own administrati"e staff to tae care and mana#e him. %his is also to
ensure the stability of the executi"e branch. %he administrati"e staffs can de"oted to their field of
wor.
,or the conclusion! there are some ad"anta#e and disad"anta#es in uses of separation of
powers in Malaysia and USA. *n Malaysia! althou#h the concept separation of powers not been
totally used! the bindin# relation between le#islature and executi"e mae less ar#ument in
enforcin# and executin# the policy. ,urthermore! the present of $udiciary branch is to #uard the
#o"ernment decision! the ri#ht of people! and secure $ustice for the society. *t mae the
#o"ernment as a collecti"e body and responsible to the assembly.
*n USA! where the separation of powers are totally been use! there are coe-ual power
amon# the executi"e! le#islati"e! and $udicial branches. *t maes each branches ha"e ability to
chec and super"ise other branches. %he dele#ation of powers in the hand of many will a"oid the
domination of power of sin#le person.

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