Question : Explain the separation of power in Malaysia and the United States of America(USA).

Montesquieu said in his boo! The Spirit of Laws! to a"oid concentration of power in
#o"ernment is by separatin# the function of the executi"e! le#islati"e and $udicial department of
#o"ernment so that one may operate as a balance a#ainst another and thus! power should be a
chec on power. %he theory emer#e there from is nown as Separation of Powers.
The Theory Separation Of Powers.
%he theory of separation of powers merely means that a different body of persons is to
administers each of the three department of #o"ernment.
%he separation is important for the purpose of preser"in# the liberty of the indi"idual and
for a"oidin# tyranny. %he three branches of power in #o"ernment are the le#islati"e! the
executi"e and the $udiciary.
%he &e#islati"e
%he le#islati"e is the official #o"ernment that responsible of main# laws. %hey are directly
elected by citi'ens. %he function of the executi"e and the $udiciary are base on the law that are
passed by the le#islature.
%he Executi"e
%he executi"e are top administer in any #o"ernment officers. Executi"e are all #o"ernment
official except those actin# le#islature and $udicial capacity. %hey are responsible on enforcin#
and executin# policies.
%he (udiciary
%he $udiciary is responsible on $ud#in# usin# the laws. %he $udiciary is the #uardian of the ri#hts
of people. %hey protect the indi"idual a#ainst the tyranny of state! poor a#ainst the rich and wea
a#ainst the stron#.
Separation of )ower *n Malaysia And %he United State +f America(USA).
*n Malaysia! the separation of powers is not absolutely separate. %his is because Malaysia
use a parliamentary system and it practicin# the concept fusion of power. *n fusion of powers! it
is difficult to distin#uish the le#islati"e and executi"e branches because they are usually same
members of parliament. %he cabinets ministers of Malaysia are also super"ise the administration
of executi"e. %he parliament is whole supreme o"er its constituent part. %he concentration of all
powers is in the parliament.
*n USA the concept separation of powers is totally been practiced. %he three branches of
#o"ernment are totally separate by its own. %he le#islati"e and the executi"e compete to each
other to chec the powers of another. *t is to ensure the firmness of administration. %he )resident
of USA will appoint his own administrati"e staff to tae care and mana#e him. %his is also to
ensure the stability of the executi"e branch. %he administrati"e staffs can de"oted to their field of
wor.
,or the conclusion! there are some ad"anta#e and disad"anta#es in uses of separation of
powers in Malaysia and USA. *n Malaysia! althou#h the concept separation of powers not been
totally used! the bindin# relation between le#islature and executi"e mae less ar#ument in
enforcin# and executin# the policy. ,urthermore! the present of $udiciary branch is to #uard the
#o"ernment decision! the ri#ht of people! and secure $ustice for the society. *t mae the
#o"ernment as a collecti"e body and responsible to the assembly.
*n USA! where the separation of powers are totally been use! there are coe-ual power
amon# the executi"e! le#islati"e! and $udicial branches. *t maes each branches ha"e ability to
chec and super"ise other branches. %he dele#ation of powers in the hand of many will a"oid the
domination of power of sin#le person.