THE MECHANISM FOR CHECK AND BALANCE IN THE EXECUTION ON THE SEPARATION OF POWERS IN THE MALAYSIA’S FEDERAL CONSTITUTION NEEDS TO BE ACTIVATED – A PRESENTATION BY THE PRESIDENT OF THE SENATE IN THE 66TH COMMONWEALTH PARLIAMENTARY CONFERENCE, GHANA

5th October 2023, Accra, Ghana – YB Senator Tan Sri Dato Sri Dr. Haji Wan Junaidi Tuanku Jaafar presented a paper on the subject of “20 Years of the Latimer House Principles on the Separation of Powers: Is it Working?” in the 66th Commonwealth Parliamentary Conference at Accra, Ghana, the hosting country of this conference on 4^th October 2023 at 10.00pm (Malaysia time). In the same workshop session, he was also a panellist.

2. In his presentation, YB Senator Tan Sri Dato Sri Dr. Haji Wan Junaidi Tuanku Jaafar highlighted that the enforcement of the Malaysia’s Federal Constitution since 1957 had a clear separation of powers in its execution, namely the branches of Executive, Legislature and Judiciary. He also informed of underway plans to reintroduce the Parliamentary Service Act and the Houses of Parliament (Privileges and Powers) Act and the soonest would be at the upcoming seating in October which will coincide with the tabling of Budget Session 2024 for Malaysia. These Acts will equip the Parliament as the Legislature branch with the legal, procedural and administrative infrastructure to fully realise its functions and duties as one of these branches of separated powers in the enactment of the Federal Constitution.

3. Whilst the Federal Constitution was drafted by members of the Reid Commission who were foreigners, their impartiality, legal training and experience in Commonwealth Parliamentary traditions and constitutions had provided the best draft for execution. He further explained that the Chapters and Articles of the Federal Constitution are arranged in unique and systematic manner as to cater to the diverse needs of the nation itself as well as a clear separation of powers for the three branches of the government which are also intertwined and connected with one another. (List of cited Articles is as per Appendix I.)