Put the doctrine of the separation of powers at its rightful place Press statement by Baljit Singh, Penang Gerakan Legal Bureau Chief

Gerakan rejects fervently any attempts by any organ of the government be it the lower hierarchies of the judiciary or the executive or even the legislature to undermine the doctrine of separation of powers.  

“As it is, rightly or wrongly, there is a sense of consciousness among the public that fundamental premises such the separation of powers that form the bedrock of our government and society has been misplaced,” said Baljit Singh, Penang Gerakan legal bureau chief.

Baljit said, “It is one of the premises of which a democratic state founded on the rule of law is built upon. This together with public confidence in our institutions of governance will determine the people’s belief in us. Without this our government will cease to function and we will cease to govern.”

“It is an elementary rule that judicial and executive powers cannot reside in the same person and neither can executive and legislative powers reside in an individual. This ideal must be upheld at all times or in the end we will have the judge, executor and legislator all in one.” 

“The legislature enacts laws, the executive implements the policies and the judiciary as the guardians of the Federal Constitution ensures that all this is done in line with the basic values of the constitution and the philosophy of the law.”

“To this end Gerakan will always stand for this basic understanding and we call upon all parties to do as such as well.” 

Chief Justice Tun Zaki Tun Azmi recently said that he will direct a senior High Court judge to look into the case where a Sessions Court judge is planning to cane a youthful offender himself in the courtroom.

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