According to K.C. Where constitution is “selection of the legal rules which govern the government of that country and which have been embodied in an elements of government.” Constitution, therefore, is a document that spells out the basic elements of government, the powers of these elements, the requirements for holding national office, and numerous rights and privileges of citizen. Constitution is one who can check the political behavior of an individual holding more than one position in different government branches so the balance of power principle is preserved.
The branches this because power that their taking is different. The three branches is legislature, executive and judiciary. The legislature is it enact the general rules of the society the function is law-making, representation, supervision, financial and amending the constitution. The executive is refers to the whole branch of the political system being in charge of the execution of the policies of the state when judiciary is to ensure administration of justice. They are agencies for the settlement of disputes between individual and individual, and citizens and state. Function is establishing facts, interpreting laws and creating laws. This branches make the separation of position in the same time at parliamentary and federal.
When one people holder two position at parliamentary and federal this must be refer to the legislature because this constitution will be deal. For example prime minister of Malaysia have two position in parliamentary and federal. He as are prime minister of Malaysia also financial leader. The constitutions will handle this so that the power this to position is balance. The Government of Malaysia refers to the Federal Government or national government authority based in the federal territories of Kuala Lumpur and the federal executive based in Putrajaya. Malaysia is a federation of 13 states operating within a constitutional monarchy under the Westminster parliamentary system and is categorized as a representative democracy. The federal government of Malaysia adheres to and is created by the Federal Constitution of Malaysia, the supreme law of the land. The federal government adopts the principle of separation of powers under Article 127 of the Federal Constitution and has three branches: executive, legislature and judiciary. The state governments in Malaysia also have their respective executive and legislative bodies. The judicial system in Malaysia is a federalized court system operating uniformly throughout the country.
So this mean that, when someone have two position at the same time, the constitution must provide their position to check balance at parliamentary and federal. Constitutions is provided by the Malaysia Constitution. Laws that are ultra vires, or “beyond the powers,” may be found with officials given certain powers under the Constitution but denied others, the latter of which they exercise. Besides that, Constitution will know handle and check the balance to political behavior when hold two position. There are other checks Malaysia government besides those between branches of government. They include the senate to check the position and balance that relate with political. A president is not elected directly by the people only one-third of the Senate is elected at one time and judges are not elected by the people. In addition to the federal government, most state and local governments have the mechanics of a system of checks and balances