Got a tricky question? Receive an answer from students like you! Try us!

PUBLIC LAW - Essay Example

Only on StudentShare
Pages 10 (2510 words)


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…

Extract of sample

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) [1952]. 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. ...
Download paper
Not exactly what you need?

Related Essays

Private Law and Public Law
The public law issue, on the other hand, refers to the criminal liability (for theft, robbery, physical injuries, kidnapping or death, among others) that happened on occasion of the theft or robbery aboard the cruise ship The Minnow. Specifically, the public law issue is whether the criminal law of Liberia (the country of the ship's flag), or the criminal law of Nassau, Key West, and Grand Cayman (the possible place where the crime was committed or any of the elements of the crime occurred) or the criminal law of the United States. For the purpose of the given problem however, the detailed…
4 pages (1004 words)
While the primacy of the Commons was originally derived from its electoral mandate, it continuing relevance is furthered by its functions and roles. The Government cannot govern without the support of the Commons because it has final say on legislation. As the Royal Commission chaired by Lord Wakeham emphasised, "The House of Commons, as the principal political forum, should have the final say in respect of all major public policy issues" and "it would be wrong to restore the fully bicameral nature of the pre-1911 Parliament."3 The primary role played by the Commons rests on several factors.…
10 pages (2510 words)
Public Law assignment
2. a brief summary of how the COCOA model works in relation to the piece (COVERAGE, OBJECTIVITY, CURRENCY, ORGANISATION and AUTHORSHIP) - see InfoSkills section 3 for more information on the COCOA model. (15 marks)…
Public Law (Human Rights)
They are appointed is for six term of office of six years through the term is renewable. The power of the ECJ defined in Article 243. The Member States mainly, but not exclusively, in exercising its jurisdiction under Articles 173, 177 and 228(6).2…
6 pages (1506 words)