The Malaysian Insight

GOOD governance is constantly needed to sustain the separation of powers between the executive, legislative and judiciary, Parliament Speaker Mohamad Ariff Yusof said at a regional law conference today.

The retired Appeals Court judge said it was “easy, convenient and legally attractive” to repeat the constitutional mantra of separation of powers but this would only become a reality with a supporting culture of good governance.

“Unfortunately, in many democratic systems, a good constitutional structure… degenerates over time if not supported by a culture of good governance,” he told the inaugural LawAsia Constitutional & Rule of Law Conference 2019 in Petaling Jaya today.

“Setting up formal institutions that reflect the functional separation of powers will provide the way to good public governance and respect for the rule of law.

“These institutions have to be sustainable. We have unfortunately seen many examples in recent years of seemingly strong institutions being undermined, although the constitution itself may seem particularly well thought out and drafted.

“The Malaysian experience has been sadly a case too from time to time,” he added.

Ariff said the current narrative on the separation of powers has to extend beyond traditional legal analysis.

“It must be given due respect and implemented by political actors within the system – members of the executive, legislature and, of course, the judges, within whose domain lies the powers to resolve conflicts to sustain and further good public governance and the rule of law.” – October 5, 2019.