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Separation of Powers. In July 2007, the Court of Appeal held that the doctrine of separation of powers was an integral part of the Constitution; under the Westminster System Malaysia inherited from the British, separation of powers was originally only loosely provided for. [18]
The federal government adopts the principle of separation of powers under Article 127 of the Federal Constitution of Malaysia, [2] and has three branches: the executive, legislature, and judiciary. [3] The state governments in Malaysia also have their respective executive and legislative bodies. The judicial system in Malaysia is a federalised ...
Separation of powers requires a different source of legitimization, or a different act of legitimization from the same source, for each of the separate powers. If the legislative branch appoints the executive and judicial powers, as Montesquieu indicated, there will be no separation or division of its powers, since the power to appoint carries ...
Pursuant to Article 80 of the Federal Constitution, the state executive in turn has administrative power over all matters which the state legislature may legislate under the constitution. Federalism in Malaysia is quite strong whereby the federal government retains by far more powers compared to the respective state governments. This is also ...
The federation agreement (Perjanjian Persekutuan) set the powers of the federal and state governments. Financial matters must be handled by the respective states. The Sultan was given full power on religious issues and Malay customs. Foreign policy and defence continued to be administered by the British government.
to terminate her sovereignty and jurisdiction in respect of the Straits Settlements of Melaka and Penang and all powers and jurisdiction in respect of the Malay States or the Federation as a whole. The Federation of Malaya Agreement 1957, made on 5 August 1957 between the British High Commissioner on behalf of Queen and the Malay Rulers .
The 1988 Malaysian constitutional crisis (also known as the 1988 judicial crisis) was a series of events that began with United Malays National Organisation (UMNO) party elections in 1987 and ended with the suspension and the eventual removal of the Lord President of the Supreme Court, Tun Salleh Abas, from his seat.
The 1993 amendments to the Constitution of Malaysia [1] [2] were passed by the Malaysian parliament with the aim of removing legal immunity of the royalty. The changes, which saw the amendments of Articles 32, 38, 42, 63, 72 and 181 in the Constitution of Malaysia , [ 3 ] were implemented in March 1993.