NOVEMBER 11 — A simple explanation of the concept of separation of powers is this: The power to govern the country is divided between different and independent institutions.
One institution makes the laws, another institution enforces the laws while the other institution decides what the laws mean, with the power to order the people to follow them.
No one institution, therefore, has absolute power. The separation of powers puts in place a system of checks and balances, with each institution acting as a check over the other institutions. This in turn ensures that each institution acts in accordance with their accorded powers and does not abuse them.
In Malaysia, it means no one institution is supreme over the others. The Federal Constitution is supreme. It creates the three main institutions:
1. The Legislature (“Parliament”) which makes laws.
2. The Executive (“Government”) governs the country according to the laws.
3. The Judiciary (“Courts”) decides what the laws mean and can order people and the Government to follow the laws.
Each of the above has different constitutional functions and roles to play. Each is equally important.
It is therefore mind-boggling that Gerakan Tanah Air’s (GTA) manifesto, launched on Thursday, includes putting the chief justice of the country under the purview of Parliament.
“We are committed to strengthening the concept of separation of powers and integrity in the Malaysian Anti-Corruption Commission, the police, the judiciary, the Attorney General, the Council of Malay Rulers and establishing a royal commission for integrity and anti-corruption,” said GTA chairman Tun Dr Mahathir Mohamad at the launch.
There must be a mistake.
Leave the judiciary alone. That’s what strengthens the concept of separation of powers.
* This is the personal opinion of the writer and does not necessarily represent the views of Malay Mail.
