Examine The Relations Between The Rule Of Law And The Separation Of Powers.

The Rule of Law and the Separation of Powers are important in a country. Both are closely linked, as they
have to work in unity and, yet remain independent. In this section, the focus will be on the modern
Constitution where it concentrates on the three essential characteristics of the Rule of Law, such as the
adherence to the supremacy of law, an independent judiciary of the Constitution, and protecting the basic
rights of the society. [14] There are three examples that will be used to examine the relationship between
the Rule of Law and the Separation of Powers; the misunderstanding of Malaysians regarding the Tunship
title, the misuse of power by Mahathir administration, and Guantanamo Bay, where suspected terrorists
were put as a tryout for their offence.
In the first example, many people misunderstood that the royal family or politicians with Tunship title in
Malaysia are able to break the law and yet, remain acquitted for their misconduct. This is certainly untrue
as it is against the Rule of Law, which states that no one shall be exempted from the law, irrespective of
the status or position that one has. To overcome this matter, a constitutional amendment has been made in
1993, which states no one shall have legal immunity, even if it is the Yang-di-Pertuan Agong or the
Sultan. This amendment has since cleared the misunderstanding of the nation regarding the Tunship title
where many believed it brings legal immunity. [15] Besides, this amendment has also shows that no one
shall have the rights to breach the law, including any members of the Legislature.
In contrast, the second example refers to the Mahathir administration which has disregard the concept of
Separation of Powers and breach the Rule of Law by making Judiciary institution as part of Executives.
This action caused the Executive to obtain total anarchy over the Constitution as it is now more powerful
than Legislative. This imbalance of power has harmed the fundamental rights of citizens as Judiciary no
longer has the influence in the Constitution to protect the rights of the nation. [16]
Regarding the third example, President George W. Bush of America has made Guantanamo Bay as the
central detention centre for terrorist suspects in year 2002. From this case, the president has breached both
the Rule of Law and the concept of Separation of Powers. First, the president has broken the law by
punishing terrorist defendants without the evidence of their misconduct. Secondly, the president has failed
to consider the human rights of the captives whom were forced to undergo abrasive interrogation methods
at the detention camp. Lastly, regarding the concept of the Separation of Powers, the president has
certainly abused his power by going against the Rule of Law concerning the concept of justice. [17]
In conclusion, it is certainly not easy to maintain a balance between the Rule of Law and the concept of
Separation of Powers. However, it is important that both concepts are constantly used hand-in-hand to
ensure no corruption of powers by either member of the Constitutions; thus, ensuring that the overall
wellbeing of the society is frequently maximised and remain unharmed. As stated by Plato, Where the
law is subject to some other authority and has none of its own, the collapse of the state, in my view, is not
far off; but if law is the master of the government and the government is its slave, then the situation is full
of promise and men enjoy all the blessings that the gods shower on a state. [18]

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