Pad 102

Explain the meaning of Separation of Power(SOP) and

explain its
importance to the public administration in Malaysia.
Lecturers name : Dr Zaherawati
Members :
Mohamad Zamrie Izzudin Bin Mohd Ishak
(2016603136)
Intan Suraya Bt Mohd Rezuwan (2016448724)
Anum Bt Azri (2016603316)
Intan Shahirah Bt Zian@Md Zainon
(2016449314)
Aina Najihahusna Bt Salam (2016449052)

Definition of Separation of
Power(SOP)
This doctrine is a mechanism to prevent the abuse of
powers by the governing bodies while exercising or
performing their function. Since these bodies is the
caretaker of the people will not be put aside.
Under this doctrine, the government is divided into
three branches which are assigns with different political
and legal powers and they are to act independently of
each other.
They are, The Executive, The Legislative, The Judiciary.

Historical Development of Separation of Power(SOP)

The separation of powers concept was first originated in ancient Greece and
became widespread in the Roman Republic as part of the initial Constitution of
the Roman Republic.
The Aristotle(384-322 BC) in his book The Politics stated that, there are
three elements in each constitution. The three are, first, the deliberative,
which discusses everything of common important; second, the official; and
third the judicial element., which is bound to be well arranged, bound to
correspond to the differences between each of these elements.

 Our political institutions have been inherited from England and it is therefore
appropriate to shift the focus of this consideration of the development of the
nation of the separation of powers from Europe generally to England in particular.
The idea that royal power was subject to Divine Law and its corollary with respect
to the subjects duty of allegiance and obedience, prevailed in England as well as
in the rest of christendom, and operated as a fetter on absolute royal authority. A
further fetter existed in the form of the Common Law. Derived from the customary
laws existing at the time of the Norman conquest, it was fashioned by the Noman
lawyers and the kings judges, into a unified and coherent body of law which was
independent of legislation and the royal prerogatives.
The king was bound to respect the law. In Bractons famous dictum, The king is
under no man, but under God and the law. The kings judges, who applied this
law, although holding office at the pleasure of the king, were no more
mouthpieces of the sovereign, but were, in a true and independent sense
exercising the judicial power of the realm.

 The gradual growth and authority of the institution of parliament added a

further dimention to the separate exercise of the distinct powers of the State
which Aristotle had identified. Legislation was enacted by the king in
Parliament. The executive power was exercised by the king through the high
officers of State. The judicial was exercised by the kings judges.

Branches of powers
YDPA

Responsible to give
approval to any bills
before pass as law
He has power to call
for to stop and
resolve the
parliamentary
meetings

The Legislative
DEWAN
NEGARA
Main function is
delibarateive
To discuss matters
that is of public
interest

DEWAN
RAKYAT

People could voice out

their opinion through
various representative.
The ministry or the
members of parliament
will discuss and debate
in parliment
Yang Dipertua is not
allowed to vote in any
of the debates.

House of Representative (HOR) Dewan Rakyat

House of Senate (Dewan Negara)

RESPONSIBLE TO PROCEED
THE BILLS
WHO WAS DRAFT BY
LEGISLATIVE BODY

THE GOVERNMENT
DEPARTMENT WHICH ASSIST IN
ADMINISTRING THE NATION
ARE PART OF THE EXECUTIVE

THE
EXECUTI
VE

THE RELEVENT MINISTER

RESPONSIBLE TO
PROCEED THE BILLS

IT MUST BE DONE THROOUGH

THE POWER GRANTED BY THE
LAW

THE BODY WHO

ARE
RESPONSIBLE TO
INTERPRET AND
IMPLEMENT THE
LAW MAKES BY
LEGISLATIVE
BODY

JUDICIA
RY
ITS ALSO
KNOWN AS THE
LEGAR SYSTEM
AND ITS
MAMBER
CONSIST OF
JUDGE AND
MAJISTRET

THEY ALSO
USUALLY PERFORM
THEIR DUTIES IN
COURTS AND
COORPERATES
WITH THE
AUTHORITIES

Old High Court

New High Court

Supreme Court

The importance of separation of

power
With separate power and authority granted to different
organ it will actually limit the power possess by each
organ and the prohibition to encroach the power
exercise by the other organ not only act as a prohibition
to the abuse of power however each organ have to be
fully aware that their action will be scrutinize by other
organ.
The executive itself cannot claim that they are more
superial than the other organ since their action can still
be challenge by the judiciary if it is not according to law.

 In fact, the legislator/prime minister though given power to enact law,

however the law is not enacted carefully it is still of no use and will be
quash by the judiciary and will defeate its purpose.
The judiciary itself in exercising its function as to be in accordance
with law and cannot use their discreation without limitation.
Therefore, whatever is being done by any of this organ, it have to be
inline with each other or else it will not be valid. This government
organ not only will be checking upon the exercising of power of each
other since it will be challenge if not done accordance to law. However
the government organ itself have to check as to whether there are
acting according to the law or not to avoid being challenge later on.

Dichotomy Between Politics and

Administration.
Politic
a process by which groups of people
make decisions on political interests.
they are elected through election
process which involves normally several
politicial parties.
According to (Easton, 1953), politics is
the authoritative allocation of values in
society.
Refers to what government do and the
formulation of policies as to who is to
get what portion societal resources at
what time and how.
Making decisions that are binding on the
people.

Administration

a process by which group of people make decisions on public

interests.
they are appointed by the government to implement politicial
decisions of the lead government.

According to (Wilson 1968), public administration is the

detailed and systematic execution of public law.

Refers to the activities of the administrative (bureaucratic0

agencies of government.

Government policies become laws and and these laws provide

for the creation of administration agencies to implement
policy programs. i.g Department of Labor (DOL), Government
Accountability Office (GAO).

How the Separation

of Power(SOP) works
in Malaysia.
judiciary

executive
legislative

LEGISLATURE
70 senate sit for 3 years terms
26 are elected by the thirteen state assemblies
44 are appointed by the king (based on advice of prime
minister)
The 222 of the dewan rakyat are elected from federal
constituencies drawn by election commission
Parliament has a maximum mandate of five years by
law
The king may dissolve parliament at any time and
usually does so upon the advice of the Prime Minister.

EXECUTIVE
the cabinet led by the prime minister
the prime minister must be a member of the Lower
House of parliament
The cabinet is chosen from among members of both
houses of Parliament
consists of the Prime Minister as the head of the
government, followed by the various ministers of the
Cabinet

JUDICIARY
The highest court is the federal court
peninsular malaysia

Followed by the court of appeal and two high court

Subordinate court
East Malaysia

sessions court
magistrates courts
courts for children
Special Court to hear cases brought by or against all
Royalty.

HEAD OF GOVERNMENT
The Prime Minister of Malaysia is the indirectly elected
head of government
He is officially appointed by the Yang di-Pertuan Agong,
to command the confidence of the majority of the
members of that Dewan Rakyat, the elected lower house
of Parliament.
members are appointed by the Yang di-Pertuan Agong
advice of the prime minister
The Prime Minister's Department is the body and ministry

State Government - kerajaan negeri

Each state governments in Malaysia is created by the respective state constitutions.
Each state has a unicameral state legislative chamber (Malay: Dewan Undangan Negeri)
whose members are elected from single-member constituencies.

State governments are led by Chief Ministers(Menteri Besar in Malay states or Ketua
Menteri in states without hereditary rulers), who 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 Chief Minister is required to be a Malay, appointed by the Sultan upon the
recommendation of the Prime Minister.

LOCAL GOVERNMENT- KERAJAAN TEMPTAN

The local government is the lowest level in the system of government in
Malaysiaafter federal and state.
It has the power to collect taxes (in the form of assessment tax), to 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.

Military, police and other

governmental bodies[
TheMalaysian Armed Forcesare the military body of
Malaysia and theRoyal Malaysian Policeare in charge of
law enforcement.

References
Essays, UK. (November 2013). Dichotomy Between Politics And Public Administration Politics Essay.
Retrieved from https://
www.ukessays.com/essays/politics/dichotomy-between-politics-and-public-administration-politics-essa
y.php?cref=1
Jump up^"Formation of Malaysia 16 September 1963".http://www.arkib.gov.my.External link in|
journal=(help)
Jump up^Jeong Chun Hai @ Ibrahim, & Nor Fadzlina Nawi. (2012).Principles of Public Administration:
Malaysian Perspectives.Kuala Lumpur: Pearson Publishers.ISBN 978-967-349-233-6
Jump up^"About the Malaysian Government".http://mygov.malaysia.gov.my.External link in|
journal=(help)
Jump up^Constitution of Malaysia:Article 44
^Jump up to:abConstitution of Malaysia:Article 45
^Jump up to:ab"Malaysia". State.gov. 14 July 2010. Retrieved14 September2010.
Jump up^Constitution of Malaysia:Article 43-2
Jump up^Constitution of Malaysia:Article 43-1

THE END, THANK YOU!

Any question?