Senate president calls for full activation of check-and-balance mechanism for separation of powers in Federal Constitution

Wan Junaidi (second right) together with Lines (centre) and other delegates at the 66th Commonwealth Parliamentary Conference at Accra, Ghana on Oct 4, 2023.

KUCHING, Oct 5: The check-and-balance mechanism in the execution on the separation of powers in the Federal Constitution needs to be fully activated.

This was raised by Senator Tan Sri Dato Sri Dr Wan Junaidi Tuanku Jaafar when presenting his paper on “20 Years of the Latimer House Principles on the Separation of Powers: Is It Working?” at the 66th Commonwealth Parliamentary Conference at Accra, Ghana yesterday (Oct 4).

In his presentation, Wan Junaidi highlighted that plans are underway to reintroduce the Parliamentary Service Act and the Houses of Parliament (Privileges and Powers) Act, soonest would be at the upcoming sitting in October which will coincide with the tabling of Malaysia Budget 2024.


“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,” he said in a press statement today.

Wan Junaidi emphasised 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.

“As much as the concept of separation of powers are demonstrated in the different sections of the Articles, (however), the machinery is still not being put in place and fully activated and the novelty concept of Latimer Principles in Malaysia’s Federal Constitution needs more education and awareness,” he pointed out.

Wan Junaidi (fourth left) attending the opening ceremony of the 66th Commonwealth Parliamentary Conference in Accra, Ghana on Oct 4, 2023.

Whilst the Federal Constitution was drafted by members of the Reid Commission who were foreigners, he said 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.

In the workshop session, Wan Junaidi was also a panellist along with Senator Sue Lines, president of the Australian Senate and Professor Hakeem Yusuf, Professor of Global Law, Derby University.

Wan Junaidi, who is also the president of Senate Malaysia, also had a bilateral meeting with Lines where he informed her of an upcoming study tour in the third week of October by Senator Datuk Nur Jazlan Mohamed to the Australia Parliament.

The purpose of the trip is to learn about the Australian’s Committee System, Parliamentary process of keeping the Cabinet accountability, monitoring of Executive’s action and other relevant parliamentary law, rules of the House and ethics for conducts of the members of the Parliament in meetings.

This bilateral meeting was joined by other official Malaysian delegates, including Minister of National Unity Datuk Aaron Ago Dagang, Senator Datuk Wira Dr Mohd Hatta Md Ramli, Senator Isaiah D Jacob and Datuk Seri Dr Noraini Ahmad.

The theme of the 66th Commonwealth Parliamentary Conference is “The Commonwealth Charter 10 years on: Values and Principles for Parliaments to Uphold” and the year 2023 marks the 10th
anniversary of the Commonwealth Charter which outlines the principles and values of the Commonwealth.

This conference is hosted by the Parliament of Ghana and the CPA Ghana Branch in Accra, Ghana from Sept 30 to Oct 6. — DayakDaily