The Rule of Law and the Separation of Powers - Scribd

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of Law and Separation of Powers;

As a result, the women of a family group (perut) constitute a powerful and united body, banded together by the band of common descent, sharing a common tradition and owning all the property. Their husbands, of men of the community, are a non descript crowd, draw from many different tribes and villagers not united by ties of blood and not owning any of the property. In such settlement the position of women is immensely strong one. 32 A saying will illustrate the situation.

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Rule of Law and Separation of Powers - 732 Words | …

All democracies separate governmental powers to some degree, in practice if not in their constitutions. Italy, for example, has a separate constitutional court to review cases that raise constitutional issues. Most democratic countries create such mechanisms to ensure judicial independence from legislatures and executive officials. But some scholars argue that creating an extreme separation of powers on the United States model can make government less effective because it increases the possibility of governmental paralysis. If the leaders in different branches of the government disagree about basic objectives, the country's official business can come to a standstill.

my article on “Public Administrative Theory and the Separation of Powers ..

The law i.e Hindu Law which finds its sources in the Dharmasutra (law books in prose), Dharmasastra (law book in verses) and Hindu customary law contains an extensive legal system. It covers family law, succession, property, contract, crime and punishment, judicial procedure and evidence. Of all branches of Hindu law, constitutional law and criminal law have left most traces in Medieval Malay States. The Sultan is the sovereign and exercise the function of the executive, judicial and sometime legislature. His power is absolute and this influence to some extend still exist in the modern Malay community today whereby the monarchial institutions and some aspect of feudal values are part of the Malays way of life and is very sacred.

For example, there should, ideally be some equality before the law, and separation of powers.


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Separation of powers under the United States …

A Malay ruler is personally sacred. He is the source of honour and the fountain of justice. The peasants had no right whatsoever. The ruler could do whatever seem best in his own eyes. There was no separation of powers and often the absolute power of the ruler corrupt absolutely. They continued to oppressed the mases. One important point to note about the Malays are although they are being oppressed, it had become a duty to the mases to obey the ruler however cruel he may be. It has become a way of life. If one trace the history of the Malays there seem to be few rebelion against the ruler. Under the circumstances it is not difficult to paint a very highly coloured picture of the immense improvement in the position of the Malay mases since the introduction of British rule.