Application of Separation of Power in Malaysia

The Doctrine of SOP exists in Malaysia and is entrenched in our Federal Constitution. The three organs of government are (on the surface) separated and distinct from one another, as I'll show below.

Legislative

Article 44 FC provides that the legislative authority of the Federation shall vest in the Parliament. This means that the power to enact laws lies within Parliament.

Executive

Article 39 FC states that the executive authority is vested in the YDPA and the ministers. Their function is to enforce and execute the laws enacted in Parliament.

Judiciary

Article 121 gives the courts powers to adjudicate disputes.

In theory, Malaysia indeed adopts the Doctrine, but in practice, this Doctrine is not strictly applied. This is as observed by LP Suffian in the case of PP v Kok Wah Kwan. The functions of the three organs overlaps, for for example :

• Members of the Executive are also Members of the Pt (Executive and Legislative)
• YDPA has the power to enact laws during an emergency (Executive and Legiclative)
• Prime Minister has the power to dissolve Pt 
• YDPA may grant pardons (Executive and Judiciary)

This right here proves that we do not practice the Doctrine religiously. 

That's all for this sub-topic :)