Law is a system, law can controls all the thing, law is a rules, law can prevents the people bad behaviour, all the people must comply with the law, cannot violate the law. Law also can protects benefits of Malaysians. Therefore Malaysians live in a country which has limitation of law. Malaysia has Separation of Power (SOP) and Civil Society. What is Separation of Power? Separation of power can be divided into legislative, executive and judiciary. These three system of vesting in separate branches by government.
These three branches should be distinct from each other. Therefore, no one can gains abuse of power and absolute power, this can also balances the power of each other. Legislative branch included House of Lords and House of Commons. Executive Branches includes cabinet. Judiciary branch includes the Supreme Court, judge, Judge Officers and other judicial officials. Next, what is Civil Society? Civil Society is a guild, it is a composition by non-government social organizations, it is not part of the government, also not belongs to part of a profitable private economy.
Every citizen has civil rights, they can accordance with the principles of the rule of law conduct strike, of speech, press, assembly, of procession and of demonstration, these civil rights are not a particular political party interference, such a society is called civil society. Civil Society generally included the different people, organization and places, as well as a variety of degrees of normality, autonomy and power structure.
Not only that, any civil organizations, company, political party and government, is also a citizen, but they are corporative citizens, they do not go beyond any one individual citizen, all their rights from the legal transfer of the rights of individual citizens, this society call Civil Society. Civil Society often works in charitable organizations, NGO, community organizations, women’s organizations, religious groups, professional associations, trade unions, self-help groups, social movements, groups, business associations, alliances among.
Have people mutual intercourse then can constitute a society, citizens can be created up to a society called civil society. Citizens can organize themselves in according to principle of freedom, voluntary, autonomous and autonomy, use collective voices to express their positions and demands such a society called civil society. The public power of the democratically elected government must be subject to the restrict of other public rights, in order to prevent the deterioration of public rights, the executive authority, the referendum power and judicial power to restrict the basis with the balanced interests of the community.
The Separation of Power in Malaysia is merely like the UK separation of power. This is because separation of power in Malaysia does not have the executive and legislative power been separated because malaysia is cabinet type of organization. On August 31, 1957, British had gone since independence. Malaysia practices Parliamentary Democracy and Constitutional Monarchy. The structure of government in Malaysia is very similar to British. This is because Malay Peninsular was a former British Colony. The Federal Constitution divides to three branches of government that Legislative, Executive and Judiciary.
This concept is based on the Separation of Power in the British. In Malaysia, the separation of power is divided to three branches, therefore legislative, executive, judiciary. The legislative is controlled the by Parliament, executive is controlled by government, judicial is controlled by courts. In UK, the executive is a branches, it is implements and formulates the policy to run the country. Therefore it is become a part of separation of power. It is deals with the formulation of rules, policies and plans regulation in relation to overall governments.
Executive comprises of Member of Parliament, House of Commons, and House of Lords. Legislative is charged of executing legislation, UK legislature is knows as Parliament. It compose by Queen, the House of Lords and the House of Commons. Judiciary is responsible for adjudication of deputies and development of Common Law. This branch relates to Legislative to set up a smooth administration ideally. Civil society has been deployed a variable in explaining the democratic political change, particularly in developing countries.
The growing political prominence of civil society great deal of thoughts its role in Malaysian politics. An issue that we are facing now is whether the movement itself can make a change in Malaysia. The issue in recently, LYNAS and BERSIH is become civil society, which is a non-government and have powerful. Therefore, civil society is an important organization in the development country. Civil society as a positive force for the development of democracy and good governance, Malaysian believes that the strengthening of civil society through means such as the movement by Bersih 3. 0 will in return strengthen democracy.
However, we should not forget that civil society organisations could also weaken the political parties and government institutions. There are serious possibilities for either one to happen in the context of Malaysia. Some of the factors include the stage of political opportunity, political development and constraints, the size and resource base of the civil society organisations themselves, as well as the quality of their leadership. Exception of a complete breakdown of norms, civil society organisations has a limited effect and cannot substitute for the state or political parties.
In the contemporary situation of Malaysia, political parties and the government are both depending on the direction taken by civil society organisations. Civil society’s potential for strengthening democracy, will be realised if there are strong and accountable electoral systems, party systems and executive legislative arrangements. A strong civil society that called social capital, embedded in its many associations, is often thought of as necessary to a strong democracy, can transform an authoritarian regime into a democratic one.
In the judiciary is not necessary not only for judiciary that express pronouncement of the vested of judicial power. It is a way of constitutional guarantee that the Courts are seized with an overriding authority to adjudicate on any matter involving our liberty, rights or property. So you need the restoration. You need that guarantee in the one document that all Malaysians and Malaysian institutions must obey, so that it withstands political judicial, and vagaries the loss of our history. Now, Law in Malaysia is protecting the Malaysians and preventing people violate in the country.
The legislative is to create the law, executive is to run the law in the country and judiciary is to protect the law. Legislative can balances the society by executive. Executive is checked by the judiciary. Judiciary also controls the legislative. Therefore, legislative, executive and judiciary interact with each other to have a check and balance on their powers so that no one can have excess power above one another. Thus, protecting the law of Malaysia. Separation of power is very important in development of law in Malaysia. Overall, civil society in Malaysia plays an important role in development of the country.
Civil society affects and pressures the government. Civil society will make the government feel stressful, so they will not abuse the power. A case on BERSIH recently, which is a civil society try to stop government from continuing the LYNAS’ project, but government just ignore the opposite voices and keep on their work. So, we conclude that true practise of separation of power and role of civil society are important factor in development country. If this can be done, Malaysians can live more happily and enjoy the liberty under the law of Malaysia.