QUESTION 3 SEPARATION OF POWER IN MALAYSIA
The separations of power in Malaysia system are merely like or mostly like the UK separation of power rather than US. This is because there is no separation of executive ex ecutive and legislative power because of the cabinet type of organization. This fusion of legislative and executive functions is inherent in the Westminster system. In Malaysia normally the Prime Minister came from the Dewan Rakyat and it’s a requirement to become a Prime Minister in Malaysia. In Malaysia the YDPA who is the c eremonial executive is an integral part of the Parliament. The cabinet is appointed by b y the YDPA in the advice of the Prime Minister. But although the system practiced in Malaysia is merely same like Britain it is important to note that the Federal Constitution clearly stated the functions of the three organs of government. All this can be found in the article 121 (about judiciary), 44 (about legislative) and 39 (about executive) of federal constitution. Later we will discuss in detail about the functions, power and role of the three organs of government which is judiciary, judiciar y, legislative and executive.
LEGISLATIVE FUNCTION Because of the legislative is an authority of the federation of Malaysia, Parliament makes laws applicable to the Federation as a whole. Parliament also controls the finances of the government. Such as money bill must go through the process in parliament.
The earliest British settlements in Malaysia started with the occupation Balambangan Island in 1769 as a result of an agreement with the Sultan of Brunei and the Sulu archipelago. While the Straits Settlement Royal British colony was established in 1826, and Britain gradually spreading influence and control over the entire peninsula. Straits Settlement, including Penang , Singapore and Malacca . In 1867, English became more aggressive and started to get the other Malay states. Because of civil war, disruption Chinese secret societies, Britain has been chosen to solve the population problem of the Straits Settlements . Finally, the Pangkor Treaty was signed which resulted in the expansion of British power into the land of the Malay states (ie, Perak , Pahang , Selangor Selangor and and Negeri Sembilan which is also known Federated States). Other states, known as the State is Not Associated Perlis , Kedah ,Kelantan and Terengganu which is under the authority of Thailand.
In Borneo , the North Borneo, formerly under the rule of the Sultan of Brunei and the Sultanate of Sulu, now Sabah) was under a lease of the British North Borneo Chartered Company in 1881 until 1946 when he was enthroned as the Royal British colony. While family-owned Sarawak Brooke before that. As a result of the conquest Japan in World War II and the rise of communism, the awareness for the prominent independent and strong. This is dikhuatir by the British in particular in maintaining interest and the immigrant community. The British thus creating a Malayan Union , the Malay community and want to get up against the pro-Malay system, rejected the inclusion of Singapore and want a single citizenship system (compared dwiwarganegara, which allows immigrants to obtain the status citizens and their country of origin). Independence for the peninsula acquired in 1957 under the name of the Federation of Malaya, without Singapore.
