StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

Separation of powers in Malaysia and United Kingdom - Essay Example

Comments (0) Cite this document
Summary
The researcher will attempt to evaluate the extent to which the executive and legislature, executive and judiciary, and judiciary and legislature interact and overlap in their powers in comparing and contrasting the separation of powers in Malaysia and United Kingdom. …
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER98.7% of users find it useful
Separation of powers in Malaysia and United Kingdom
Read Text Preview

Extract of sample "Separation of powers in Malaysia and United Kingdom"

Download file to see previous pages House of Lords mainly consists of minorities of the hereditary peers which mainly are life members appointed by Crown and Archbishops and Bishops of the Church of England. Under the constitutional reforms of 2005, Lords of Appeal in ordinary who have been members of the House of Lords will no longer be entitled to further sit in the Lords. The judiciary includes the judges in the courts of law and those holding judicial offices in tribunals and the magistrates who work in the magistrate’s courts. Senior appointments to the judiciary are appointed by the Crown (Trone 312). The function of the judiciary is to interpret the legislation in line with the intention of the parliament and develop the common law. Under the constitution, the judges are subordinate to parliament and have no right to challenge the legislation of parliament like the validity of Acts of parliament. Judges are barred from vying for elective positions under the House of Commons disqualification act of 1975. The Constitutional reforms act of 2005 criticized the work of the House of Lords chancellor sine he could appoint the judges and played a central political role in the government. Chancellor presided the House of Lords as the speaker therefore playing a legislative role. The roles were criticized since they contravened the doctrine of separation of powers by concentrating the executive, judiciary and parliamentary functions in one person. In the case of McGonnell V. United Kingdom (2000) the European court of human rights ruled that the right of fair trial was violated by participation of the Deputy Bailiff who was both a member of Court and member of the legislature at the same time. This saw the reformation of the office of the Lord Chancellor (Shar 45). Malaysia The government structure of...
The paper tells that under the British constitution, there is no strict separation of powers but there is a system of check and balances which ensure the powers are not abused. The fundamental purpose of the doctrine of separation of powers is to ensure powers are not abused and the civil rights and liberties of the citizens are protected. Under a written constitution, the powers are distributed to the various institutions will be strictly defined. In United Kingdom, Judges in the high courts exercise their independence in according to Act of settlement 1700 which protects their tenure in office and guards their independence from executive and legislative influence. The judges enjoy immunity from legal proceedings in their functions even if they make defamatory statements during the court proceedings. In Malaysia, the judges do not exercise their judicial independence since they are appointed by the executive. The right to exercise their judicial powers in delivering the judgments has been limited by the constitution. Both countries have two levels of government. The separation of powers is clear in United Kingdom though it may be entrenched in the constitution. The separation of powers ensures each organ of government does not abuse its powers. In Malaysia, there is no separation of powers since executive is more powerful than the other arms of the government. The judicial independence and powers are limited by the constitution in Malaysia. In Malaysia, the parliament has been used to rubber stamp the decisions of the executive since the Prime Minister comes from the party with majority members in parliament. ...Download file to see next pages Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Separation of powers in Malaysia and United Kingdom Essay”, n.d.)
Retrieved from https://studentshare.org/law/1395123-separation-of-powers-in-malaysia-and-united-kingdom
(Separation of Powers in Malaysia and United Kingdom Essay)
https://studentshare.org/law/1395123-separation-of-powers-in-malaysia-and-united-kingdom.
“Separation of Powers in Malaysia and United Kingdom Essay”, n.d. https://studentshare.org/law/1395123-separation-of-powers-in-malaysia-and-united-kingdom.
  • Cited: 1 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Separation of powers in Malaysia and United Kingdom

New Labour In The United Kingdom

We can acknowledge the re-emergence of New Labour as a party of liberal policies, which is characterized as a belief in legal rights and duties towards a citizen, however, the party’s popularity has affected badly since 2001 for the criticism the new name with an unprecedented comment of ‘spin doctoring’ and ‘New Labour, New Danger’ has brought to it. (Wikipedia, Labour Party UK)
When we focus on the public sector response given to the New Labour’s political vision, it can be seen that New Labour’s public philosophy is a development of the socialist tradition in response to specific dilemmas conceived largely in terms associated with the New Right. This factor should also be considere...
6 Pages (1500 words) Coursework

The Constitutions of the United States of America and the United Kingdom

The principal characteristic of a functioning democracy is the separation of powers. The concept of separation of powers is complex, although it may seem to be simple. This is because it consists of expressive and rigid components. The US Constitution represents the operational capability of the notion of separation of powers. It operates on three functions of the government. First, the executive implements legislation and supervises the administration over the state. Secondly, the legislature enacts the legislation and monitors the work of the executive and lastly, the judiciary interprets the legislations to apply land laws3.

The British Constitution is an unwritten constitution. Therefore, the limitations of the orga...
7 Pages (1750 words) Essay

United States Foreign Policy from 1945-1991

American Presidents presiding over some key events in history, such as the Cuban Missile Crisis, The Cold War, The Vietnam War, etc., were hindered from acting as public representatives due to pressure from the military-industrial complex. John Kennedy, Lyndon Johnson, Ronald Reagan, George Herbert Walker Bush, and George W. Bush – all of them were subject to these opposing interests. But eventually, the corporate-government nexus proved too powerful; and in this sense, American Presidents after the Second World War were largely restricted and powerless to uphold their higher personal values. Most of the strategic moves on part of the United States after the end of the Great War were directly in response to an anticipated th...
11 Pages (2750 words) Essay

Structure of the Legal Profession in the United Kingdom

However, the partition of Ireland in 1922 was a major turning point in the current state of affairs of the UK’s legal system. This event also influenced the religious leanings of each constituent according to the Catholic or Protestant majority as the case may be in each region. (The Legal Profession)
There are basically three constituents in the nation’s legal structure comprising England and Wales, Scotland, and Northern Ireland. Although England and Wales are two separate constituents, their legal structure is the same. England and Wales also have the same legal jurisdictions. Scotland’s legal scripts are based on the ancient Roman laws. The Scottish parliament can enact and amend legislation on domestic...
6 Pages (1500 words) Assignment

The United Kingdom and World War I

It had shown its ability to survive a war and remained a powerful nation of the world (Hardie, Graham, and Kofman).
Almost all the nations in Europe had suffered economically due to the First World War. Most of the European nations were subjected to economic burdens imposed by the war. After the end of the war, the European governments had to make rehabilitation efforts, in respect of the cities destroyed in the war. In addition, they had to provide medical facilities to the soldiers who had been wounded in the war. These governments had to pay pensions to the soldiers, widows, and relatives of the dead soldiers. Moreover, they had to repay the public and foreign debts, and the interest on such debts. These constituted the ad...
6 Pages (1500 words) Assignment

The United States Supreme Court

The Court, consisting of nine lifelong justices, bears complete authority over the Federal courts but has lesser power over those of the states. It has the power of “last word” on decisions made by these Federal courts and makes the rules that these courts have to follow in their procedures (Wagman, 1993). In addition, all Federal courts must abide by the decisions laid down by the Supreme Court, as well as the United States Constitution. With respect to state courts, the interpretations and decisions that the Supreme Court makes apply, but the Court is limited to interpreting and changing Federal laws, not state laws. Thus, the Supreme Court cannot change conditions of state constitutions or interpret laws made by ind...
10 Pages (2500 words) Coursework

The Architectural Qualities of The Petronas Twin Towers, Kuala Lumpur, Malaysia

The plan is to develop an iconic area within the Golden Triangle, a commercial hub of the capital district to exemplify Malaysia as a fully developed nation in the world. The Twin Towers and its outlying areas as a consequence are set as a response to the challenge of transforming KLCC into information technology and environmentally friendly city without losing its cultural heritage. The Twin Towers have also been designed as a response to climate change and the sense of adapting contemporary design into space, place and culture of Malaysia. What makes the Twin Towers unique is that it is considered one of the tallest buildings (at 452 meters) in the world, ranking among Sears Towers, Empire State Building in the US and Taipei 101...
7 Pages (1750 words) Report

Effects of the United States of America Troops in South Korea

Despite the few negative incidences of crime committed by the United States of America’s security troops that were deployed in the country on a peacekeeping mission.
Since the war in Korea began in the early nineteen fifties, the United States has stationed tens of thousands of soldiers, mostly the United States’ army personnel, in South Korea. Through the assistance of the South Korean troops and other neighboring governments, the American troops have been able to guard and offer maximum security to South Korean people. In line with the argument of James (2003), ‘most of the military bases in South Korea are relatively isolated’ thus the need for much attention from the troops so as to ensure maximum...
10 Pages (2500 words) Assignment

The Balance Between Emergency Powers

The United States Supreme Court stated that United States President Franklin D. Roosevelt used his emergency power to stop the shipment of war equipment to the two warring nations. The case is United States vs. Curtiss-Wright Export Corp [299 U.S. 304 (1936)] was decided in favor of the United States President’s rightful use of Emergency powers (Bardes 388).
Further, Former United States President Abraham Lincoln uses emergency powers during the civil war. The United States presidents’ emergency powers include matters relating to foreign affairs. The United States Chief Executive uses emergency powers during times of national security issues (Ginsburg 344). The national security issues include September 11, 2001,...
6 Pages (1500 words) Term Paper

Why Marijuana Should Be Declared Legal in the United States

This paper will critically consider whether marijuana should be declared legal in the United States.
Marijuana, scientifically known as Cannabis sativa has existed in the united states since the 19th century. This is to means that, it has been a common plant in many regions of the United States. Initially, marijuana also referred to as hemp had multiple purposes, including the weaving of different materials (Caulkins et al, 2012). Moreover, it was used as a preferred incense and also as a food source. However, marijuana only became known as a recreational drug that was the center of public opinion in the 1990s despite its use in a couple of centuries.

In the 19th century, marijuana became a common preference for ma...
6 Pages (1500 words) Case Study
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Separation of powers in Malaysia and United Kingdom for FREE!

Contact Us