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2. Constitutional Institutions & the Separation of Powers

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2. Constitutional Institutions & the Separation of Powers You cancan also alsolearn morelearn about more the about the Frequently Asked Questions Before this amendment, the Courts’ power was unlimited then resign. Here, the Dewan Rakyat (i.e. Parliament) Either the Dewan Rakyat or the Dewan Negara can MyConstitution Campaign oror followfollow itit on:on: and came directly from the Constitution. The Court could Constitution?ensures that the Government acts in the best interests debate the conduct of a Judge, but only if a motion to 1. What is special about examine or review all laws made by Parliament. of the people and does not abuse its powers. do so is supported by at least one quarter of the total www.perlembagaanku.com www.perlembagaanku.com Constitutional Institutions? members of that particular Dewan. www.malaysianbar.org.my/ The 1988 constitutional amendment however tried to Example 2: How are the powers of the Government constitutional_law_committeeconstitutional_law_committee www.facebook.com/MyConstitution Constitutional Institutions are change this so that the Courts could only examine or checked by the Courts? In other words, Parliament and the Government can www.twitter.com/MyConsti special because they are set up review laws which Parliament allowed the Courts to recommend that action be taken against a Judge who www.youtube.com/user/PerlembagaanKu and given functions and powers examine. The Courts can review actions by the Government and abuses his or her power, but it is only other members of by the Constitution itself. A Constitutional Institution can representation. if those actions are against the Constitution or the laws the Courts that can decide if a Judge is to be removed particular provision in the Constitution means? Who We can be reached at: only be abolished or have any of its powers taken away If this position is correct, the Courts are no longer able made by Parliament, then the Courts can correct those from office. decides? or increased by amending the Constitution. In general, to act as an effective check on Parliament and the actions. However, some argue that the Courts’ power is Constitutional Law Committee this requires approval by two-thirds of the members in Government. This means there is no longer a proper limited, and therefore it cannot review certain actions Example 5: Why is it important that the Courts are Bar Council Secretariat the Dewan Rakyat and the Dewan Negara. system of checks and balances between the main by the Government. (See Question 3 above) independent? No. 15, Leboh Pasar Besar 50050 Kuala Lumpur Constitutional Institutions. However, some argue that Parliament cannot change the Example 3: How are the powers of Parliament checked? The Courts play an important role in making sure that t:t: 03.2031.3003 basic structure of the Constitution so as to abolish However, many argue that the power of the Courts the laws passed by Parliament do not go against the f:f: 03.2026.1313 Constitutional Institutions, remove rights and liberties cannot be taken away by Parliament through an Parliament makes laws, but the Courts have the power Constitution and in checking any abuse of power by the e: [email protected] or interfere with the separation of powers principle amendment to the Constitution as it forms part of the to say what a law means when there is uncertainty or if Government. For the Courts to continue to play this role, because they are fundamental to the Constitution. basic structure of the Constitution, and therefore the one law contradicts another law. The Courts may also it is important that Parliament and the Government do 1988 amendment is ineffective. say that a law is against the Constitution and therefore not have power to remove Judges from office on their January 2010 2. Is one Constitutional Institution more important need not be followed. own. Otherwise, Judges may be worried that they might than another? 4. How do the three main Constitutional Institutions be removed from office if they decide against Parliament COURTS check each other’s power under the Separation of However, there are certain things that the Courts cannot or the Government in any legal case. No. All these institutions are equally important. Each has Powers principle? question such as Parliamentary proceedings. a different function and role to play. Example 1: How are the powers of the Government Example 4: How are the powers of the Courts checked? What'sWhat’s Next? 3. Has Parliament ever amended the Constitution to checked by Parliament? GOVERNMENT PARLIAMENT remove power from Constitutional Institutions? If a Judge misconducts himself or herself or breaches MALAYSIA What is the effect of this? Elected representatives of the Dewan Rakyat can require the Judges’ Code of Ethics or if he or she is mentally or Learn about your The Rakyat Guides the Prime Minister or Cabinet to explain anything that physically not well enough to continue to work as a Constitution in our other Yes. For example, in 1988 a constitutional amendment the Government has or has not done. If the Cabinet acts Judge, then the Prime Minister can advise the YDPA to RakyatLearn Guidesabout onyour the Constitution in our other Rakyat M A was made by Parliament limiting the power of the against the wishes of the Dewan Rakyat, then the Dewan set up a tribunal to decide if the Judge must be removed Constitutional institutions, Federal-State relations, the JL Guides on Federal-State relations, the Rakyat, the L 2. Constitutional Institutions & IS I PE NC GU OU AM BAR C Courts. Rakyat can pass a motion of no confidence against the from office. This tribunal is made up of other Judges. Rakyat , the Executive, the Parliament, the Judiciary, MyConstitution Campaign Executive, the Parliament, the Judiciary, Elections and Bar Council Elections and more! the Separation of Powers Constitutional Law Committee Prime Minister. The Prime Minister and his Cabinet should more! Parliament makes, amends and abolishes laws which are What isis thethe Separation Separation of of Powers? Powers? institutions. One institution makes the laws, one Minister or Cabinet. Examples include the appointment and joint federal-state public services. However, the IntroductionIntroduction called Acts or Statutes. The Constitution says what laws institution enforces the laws and another institution of Cabinet Ministers, the Attorney General and Senators judicial and legal service, the police force and the Parliament can or cannot make, and the procedure for You may wonder why the decidesConstitution? what the laws mean and can order people to to the Dewan Negara.This shows that his powers are education service are subject to their own commissions. In The Rakyat Guides: 1. What is the making laws. Constitution sets up three main follow them. This is to ensure that no one institution limited and come from the Constitution. He is what is The YDPA appoints the members of the Public Services Federal Constitution?, we learnt institutions (Parliament, the becomes too powerful or has absolute power. known as a constitutional monarch. Commission after considering the advice of the Prime that the Constitution sets up our Government Government and the Courts) to Minister and after consultation with the Conference of democratic system, and that it is govern the country, and gives each It also puts in place a system of checks and balances. However, for some functions and powers, the YDPA has Rulers. the supreme law of Malaysia. The Government consists of the YDPA, Prime Minister, institution different functions and This means that each institution acts as a check or a margin of discretion and does not have to act on the Cabinet Ministers and the public services. The powers. Why not just have one watchdog on the other institutions. This ensures that advice of the Prime Minister or Cabinet. An example of Judicial and Legal Service Commission In this guide, we will learn about the different institutions Government runs the country according to the institution to run the country? the institutions act in accordance with their this is in the appointment of the Prime Minister. The which are set up by the Constitution. What do these Constitution and the laws made by Parliament. constitutional roles, and do not abuse their power. Prime Minister must be a member of the Dewan Rakyat The Judicial and Legal Service Commission is responsible institutions do and why are they so important? The idea behind this is called the Separation of Powers who, in the YDPA’s opinion, is likely to command the for the appointment, promotion, transfer and discipline Courts and the system of checks and balances. What are the other Constitutional Institutions? confidence of the majority of the members of the Dewan of all members of the judicial and legal service. Public What are Constitutional Institutions?Institutions? Rakyat. servants who are members of the judicial and legal There are several types of Courts in Malaysia such as the Why do powers need to be separated? Imagine if under At the federal level, besides the service include magistrates, sessions court judges, You live in Malaysia. You want to civil courts, the Syariah courts and the native courts. Each the Constitution, there is only Institution X. Institution X three main institutions The Attorney General registrars of the Courts and members of the AG’s practise your faith, express your of these courts has its own powers and functions. possesses all powers to govern the country. It has the (Parliament, the Government and chambers. The Judicial and Legal Service Commission views, work, play, travel, own power to make laws, to enforce laws and to decide what the Courts), the Constitution also The Attorney General (“AG”) is the principal legal adviser consists of the chairman of the Public Services property, and live in peace.
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