1. CHAPTER 7CHAPTER 7
THEORY OFTHEORY OF
SEPARATION OFSEPARATION OF
POWERSPOWERS
TOPICS TO BE COVERED:TOPICS TO BE COVERED:
1)Introduction to the Separation of1)Introduction to the Separation of
PowersPowers
2) Reasons/ purposes for the2) Reasons/ purposes for the
Separation of PowersSeparation of Powers
3)Criticisms of Separation of3)Criticisms of Separation of
PowersPowers

2. WHAT IS SEPARATION OFWHAT IS SEPARATION OF
POWER (POWER (SOP)SOP)??INTRODUCTION…INTRODUCTION…
 SOP allows political powers & responsibilities toSOP allows political powers & responsibilities to
be divided amongbe divided among legislativelegislative,, executiveexecutive &&
judicialjudicial
 The separation is inevitable as it will prevent anyThe separation is inevitable as it will prevent any
branch from accumulating too much politicalbranch from accumulating too much political
powerpower
 In addition, greater negotiation & cooperationIn addition, greater negotiation & cooperation
can be achieved among the branches whencan be achieved among the branches when
formulating public policyformulating public policy
SEPARATION OF POWERS AMONG THE GOVT.:
LEGISLATIVE : enact the laws
EXECUTIVE : enforce the laws
JUDICIAL : interpret the laws

3. Aristotle in his book “POLITICS” discussedAristotle in his book “POLITICS” discussed
on the SOP in the governmenton the SOP in the government
administration as…administration as…
 There should be 3 parts of govt: (deliberative, executive &There should be 3 parts of govt: (deliberative, executive &
judicial)judicial)
 However, heHowever, he there is no suggestion towards the SOP. Hethere is no suggestion towards the SOP. He justjust
gives a description of theirgives a description of their ::
a) personnela) personnel
b) organizationb) organization
c) functionsc) functions
 The freThe freedom of politics can only be existed if the power of theedom of politics can only be existed if the power of the
ruler us being limited.ruler us being limited.
 There must be several bodies functioning in the structure ofThere must be several bodies functioning in the structure of
rule, each with their own duties & responsibilities & act in theirrule, each with their own duties & responsibilities & act in their
surrounding without influencing each othersurrounding without influencing each other
Without
suggesting
their
separation

4. THE HISTORY OFTHE HISTORY OF THEORY OFTHEORY OF
SEPARATION OF POWERSSEPARATION OF POWERS
 This theory had been introduced by :This theory had been introduced by :
1) John Locke1) John Locke
- mentioned about this concept in- mentioned about this concept in
his book “ 2 Treaties on Civil Government”his book “ 2 Treaties on Civil Government”
2) Montesquieu2) Montesquieu
- a French scholar with his- a French scholar with his
famous book “ The Spirit of Law”famous book “ The Spirit of Law”

5. 11) John Locke (Civil Government)) John Locke (Civil Government)
 Power & state’s function must be divided into 3Power & state’s function must be divided into 3
bodies:bodies:
i)i) Legislative: formulate law & policyLegislative: formulate law & policy
ii)ii) Executive: monitor all actionsExecutive: monitor all actions in order toin order to
maintain the stability & peaceful in a state &maintain the stability & peaceful in a state &
maintain relationship with other countriesmaintain relationship with other countries
iii)iii) Judicial: implement law & ensureJudicial: implement law & ensure
justicejustice
 History shows that, the existence of violence &History shows that, the existence of violence &
cruelties in a state is due to absolute power of acruelties in a state is due to absolute power of a
rulerruler
 Eg: during the ruled of King Louis XIV (French King)Eg: during the ruled of King Louis XIV (French King)

6. 22) Montesquieu (The Spirit of the) Montesquieu (The Spirit of the
Laws)Laws)
 He clarified thHe clarified thatat people who has unlimitedpeople who has unlimited
power, can lead to misuse of the powerpower, can lead to misuse of the power
 He suggested that, each power must beHe suggested that, each power must be
controlled & limitedcontrolled & limited
 The centralization of power will lead to:The centralization of power will lead to:
1)Violence
2)Cruelties
3)Leads to despotism

7. How to avoid theHow to avoid the
centralization of power?centralization of power?
1)1) We need toWe need to separate theseparate the
functionsfunctions of the legislative, executiveof the legislative, executive
& judiciary& judiciary
2)2) Every branch/ department must controlEvery branch/ department must control
each other’s power/each other’s power/ act as aact as a
balance against anotherbalance against another
3)3) The power should be check on powerThe power should be check on power
(this is the process of(this is the process of “CHECK &“CHECK &
BALANCE”)BALANCE”)

8. PURPOSE OF SEPARATION OFPURPOSE OF SEPARATION OF
POWER (SOP)POWER (SOP)
1) To control & balance the power
2) Thus, competition, power struggling
& centralization of power can be
avoided
PURPOSES:
1)TO AVOID VIOLENCE & CRUELTIES
2)TO ABOLISH THE CENTRALIZATION OF POWER

9. PURPOSES:PURPOSES:
1) TO AVOID VIOLENCE &1) TO AVOID VIOLENCE &
CRUELTIESCRUELTIES
 Centralization of power will makes them freely toCentralization of power will makes them freely to
do anything they want to (eg: they willdo anything they want to (eg: they will
formulating & implementing the law according toformulating & implementing the law according to
their interests & needs)their interests & needs)
 When there is no monitoring & balancing ofWhen there is no monitoring & balancing of
power, it will lead to violence & oppressionpower, it will lead to violence & oppression
among the peopleamong the people
 Montesquieu – “political freedom can be existedMontesquieu – “political freedom can be existed
if there is no misusing of power”if there is no misusing of power”

10. 2) To abolish the centralization of2) To abolish the centralization of
powerpower
 Without an appropriate SOP, there will beWithout an appropriate SOP, there will be
emergence of dictatorship in ruling theemergence of dictatorship in ruling the
gov.gov.
 With SOP, it can control the status ofWith SOP, it can control the status of
individualindividual
 How? With SOP, it can control any actionsHow? With SOP, it can control any actions
from other partiesfrom other parties

11. CONCEPTSCONCEPTS
OF SOPOF SOP
 Individual whoIndividual who
participate inparticipate in
government’sgovernment’s
ruling can’truling can’t
participate inparticipate in
legislative/legislative/
judiciaryjudiciary
 Each individualEach individual
from anyfrom any
bodies can’tbodies can’t
influence otherinfluence other
individuals fromindividuals from
other bodiesother bodies
 Fully acceptedFully accepted
by theby the
AmericanAmerican
HOW??HOW??
LEGISLATIVLEGISLATIV
E BODYE BODY
EXECUTIVEEXECUTIVE
BODYBODY
JUDICIAL BODYJUDICIAL BODY
 FormulateFormulate
law & policylaw & policy
 administeradminister
& implement& implement
law & policylaw & policy
Eg: M’sia &Eg: M’sia &
England, theyEngland, they
practicepractice
parliamentaryparliamentary
systemsystem
CabinetCabinet
system, Chiefsystem, Chief
Executive isExecutive is
called PMcalled PM
Implements theImplements the
law by imposinglaw by imposing
penalization forpenalization for
those whothose who
disobeyed the lawdisobeyed the law
Has power toHas power to
monitor all actionsmonitor all actions
of executive &of executive &
legislative bodieslegislative bodies
 can imposecan impose
penalization to allpenalization to all
governmentgovernment
officersofficers
(executives) who(executives) who
are notare not
responsible in theirresponsible in their

12. SOP in Malaysia & EnglandSOP in Malaysia & England
1) Practice parliamentary democracy system
2) Chief of the State: King
3) Chief of Executive: PM
4) Both of the countries are not really practice the SOP
5) Only the judicial body that independently from executive &
legislative bodies
6) Members in legislative body are also the members of
executive body
7) M’sia – legislative body is called PARLIAMENT ( Senate &
House of Representatives)
8) England – legislative body is called PARLIAMENT (House of
Lords & House of Commons)
9) Both countries practice the bicameral systems ( 2 chambers)
10) The party that has majority vote will rule the government
11) Government – needs a good support from legislative body in
order to ensure that all planned will be implemented
smoothly

13. M’sia & England…M’sia & England…
 In practical, although the SOP is not fully practice,In practical, although the SOP is not fully practice,
this theory concerned about practice of governmentthis theory concerned about practice of government
administration & constitutionadministration & constitution
 According to Malaysia Constitution, the judicial bodyAccording to Malaysia Constitution, the judicial body
is powerful because this body is free from anyis powerful because this body is free from any
influence from other partiesinfluence from other parties
 The theory of SOP is parallel with the theory ofThe theory of SOP is parallel with the theory of
freedom in judicial body. It is important to ensurefreedom in judicial body. It is important to ensure
the judicial body is free & can implement all thethe judicial body is free & can implement all the
task.task.
 So, the court has a power to declare/ proclaim anySo, the court has a power to declare/ proclaim any
government rulers’ either federal/ state is notgovernment rulers’ either federal/ state is not
legitimatelegitimate
 The court also has power to proclaim/ declare anyThe court also has power to proclaim/ declare any
law that approved by Parliament is legitimate or notlaw that approved by Parliament is legitimate or not

14. SOP in USSOP in US
 Practice the Presidential Democracy SystemPractice the Presidential Democracy System
 Chief of the State: PresidentChief of the State: President
 The principles of SOP creates 3 branches ofThe principles of SOP creates 3 branches of
government (L, E & J)government (L, E & J)
LL EE JJ
 all members ofall members of
CongressCongress
100 US100 US
SenatorsSenators
435 US435 US
RepresentativesRepresentatives
President of USPresident of US
Vice PresidentVice President
CabinetCabinet
Justices whoJustices who
serve on eachserve on each
State SupremeState Supreme
Court & the USCourt & the US
Supreme CourtSupreme Court

15. The important aspects in practicingThe important aspects in practicing
the SOP in US…the SOP in US…
 President has power to rule & appointPresident has power to rule & appoint
officers that responsible directly to himofficers that responsible directly to him
 President may suggest legislation but can’tPresident may suggest legislation but can’t
directly make lawdirectly make law
 President may veto congressional legislationPresident may veto congressional legislation
 Presidential appointments must be approvedPresidential appointments must be approved
by Senateby Senate
 The Congress has legislative power & do notThe Congress has legislative power & do not
has any relation with executive & judicialhas any relation with executive & judicial
 The court has judicial power & do not has anyThe court has judicial power & do not has any
relation with executive & legislativerelation with executive & legislative
 No bill can become law without approval ofNo bill can become law without approval of
both housesboth houses

16. Practice of SOP in USPractice of SOP in US
 Practices clearly the theory of SOPPractices clearly the theory of SOP
 President:President:
- can’t give any instruction/ direction to- can’t give any instruction/ direction to
Congress to make lawsCongress to make laws
- has right to reject & cancel decision- has right to reject & cancel decision
(known as veto power)(known as veto power)
- when President uses his veto power, the- when President uses his veto power, the
law will it be implementedlaw will it be implemented
 Only can be implemented if there are 2/3Only can be implemented if there are 2/3
majority voted the law to be implementedmajority voted the law to be implemented
 This shows that the check & balance isThis shows that the check & balance is
important in a stateimportant in a state
 In practice, there are alwaysIn practice, there are always
misunderstanding among L, E & Jmisunderstanding among L, E & J

17. CRITICSMCRITICSM
GROUP DISCUSSION ON THE CRITICSMGROUP DISCUSSION ON THE CRITICSM
ON THE THEORY OF SOPON THE THEORY OF SOP