A SIMPLE explanation of the concept of separation of powers is this: the power to govern the country is divided between independent institutions.

One institution makes the laws, another institution enforces the laws while the third decides what the laws mean, with the power to order the people to follow them.

Therefore, no one institution has absolute power. The separation of powers puts in place a system of checks and balances, with each institution acting as a check over the other.

This in turn ensures that each institution acts in accordance with their accorded powers and does not abuse them.

In Malaysia, it means no one institution is supreme over the others. The Federal Constitution is supreme. It creates the three main institutions:

1. The legislature (“parliament”), which makes laws.

2. The executive (“government”), which governs the country according to the laws.

3. The judiciary (“courts”) which decides what the laws mean, and can order people and the government to follow them.

Each of the above has different constitutional functions and roles to play. Each is equally important.

It is therefore mind-boggling that Gerakan Tanah Air’s (GTA) manifesto, launched yesterday, includes putting the chief justice of the country under the purview of parliament.

“New Malaysia Agenda (Agenda Baharu Malaysia)” promises that the coalition will strengthen the elements of separation of powers through structural and legislative improvements – including putting the appointments of key government position such as, attorney-general, inspector-general of police, chief justice, Malaysian Anti-Corruption Commission (MACC) chief, chief secretary of the government, treasury secretary-general, auditor-general and Bank Negara governor under the oversight of parliament.

There must be a mistake.

Leave the judiciary alone. That’s what strengthens the concept of separation of powers. – November 12, 2022.

* Hafiz Hassan reads The Malaysian Insight.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.