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Perak's separation of powers

  • Separation of powers:
  • The executive (MB and his cabinet), legislative (state assembly) and judicial (courts) branches of the government are of equal standing.
  • None of them have the right to overrule the other.
  • This is the fundamentals of the doctrine of the Montesquieu separation of powers.
  • Never in the history of Malaysia has this doctrine been broken.
  • In Montesquieu's separation of powers 300 year history, I struggle to even think of one instance where the judiciary, considered the 3rd branch, hence the most distant from the legislature and executive branches, has directly interfered with with the Speaker of the House's directive (leader of the legislature).
  • This is tantamount to saying that the judiciary system presides over the legislature.
  • Reading deeper into the Perak constitutional crisis, some would say that an overrule is also tantamount to the judiciary being beholden to the executive.
  • This creates a heiracy of powers, and is a dangerous precedent to set.
  • I beg the Malaysian courts to consider this before making any ruling.
  • This not only has ramifications for the future of Malaysia, but Montesquieu's doctrine itself.

1 comments:

evenseven said...

Siapa ni Montesquieu? Mesti PKR punya orang. Masuk dia dalam ISA 3 bulan baru dia tahu. Eh, kami UMNO tak mau dengar pandangan orang asing. Orang tempatan pun tak mau. Kita punya orang aje. Kalau tak setuju, pegi jahanam atau balik ke Cina, India, Indonesia, Siam, Yemen, Pakistan ...