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PUBLIC LAW - Essay Example
The separation of powers is constitutional principle designed to ensure that the functions, personnel and powers of the major institutions of the state are not concentrated in any one body. It is a doctrine, which is fundamental to the organisation of a state-and to the concept of constitutionalism - in so far as it prescribes the appropriate allocation of powers, and the limits of those powers, to differing institutions…
The legislative or law-making function, which is the enactment of rules for the society. The executive or law-applying function, which covers actions taken to maintain or implement the law, defend he state, conduct external affairs and administer internal policies. Finally came the judicial or law enforcing function, which is the determining of civil disputes and the publishing of criminals by deciding issues of fact and applying the law. The three functions of government should be carried out by separate persons or bodies and that each branch of government should only carry out its own function. For instance, the legislature, executive and judicial branches should have equal status so each could control the excessive use of power by another branch2[Constitutional and Administrative Law Pg 105].
The doctrine of separation of powers has been attributed to Aristotle3. However, the clearest exposition of the doctrine can be found in the France writer Baron de Montesquieu's De L'Esprit des Lois (The Spirit of the Laws) . In order to answer this question it is necessary to discuss about the executive, the legislature and the judiciary, the relationship between executive and legislature, legislature and judiciary; executive and judiciary. ...