This essay talks that democracies the world over are functioning on the principle of ‘separation of powers’ between the Executive, Legislature and Judiciary. Inbuilt ‘checks and balances’ in the system accord each branch of government powers to monitor the activities…
As the report declares in the United States, the aspect of separation of powers is clearly stated in the US Constitution. The President, Congress and the Supreme Court are separate and distinct entities. The same is not the case in the United Kingdom, where the Prime Minister is also a Member of Parliament as are all other members of the Cabinet. Similarly, the Lord Chancellor and the Law Lords are members of the Executive and Legislature respectively, while also forming part of the Judiciary. This duality results in a situation where the Executive is in de-facto control of the Legislature, as also enjoying the sympathy of the Judiciary.
This dicsussion explores that various Home Secretaries have taken judicial decisions from time to time on grounds of national security, whether during war time or in otherwise tenuous situations like the ongoing global war on terrorism. The Constitutional Reform Act 2005 seeks to redress some of these grey areas though there are many who have, “defended the current system on the grounds that it discourage judges from making law by judicial rather than legislative means”. Inherent in this argument is the underlying fear that the Judiciary will not allow itself to be led by the nose by an Executive, trying to concentrate power in its hands. One of the concepts on the basis of which the principle of separation of powers functions is that of ‘deference’, which characterise the relationship of the Judiciary towards the Executive and Legislature. ...
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(“Separation of Powers Essay Example | Topics and Well Written Essays - 1000 words”, n.d.)
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(Separation of Powers Essay Example | Topics and Well Written Essays - 1000 Words)
“Separation of Powers Essay Example | Topics and Well Written Essays - 1000 Words”, n.d. https://studentshare.net/politics/313734-separation-of-powers.
It is evident from the study that the separation of powers is a constitutional principle which is designed to ensure that the functions, personnel and the powers of the major institutions of the state are not concentrated in one body. It ensures the diffusion of the powers among different bodies in the country.
Separation of Powers. Much progress has to be made before the UK has a satisfactory separation of powers. Critically discuss. Separation of power is an imperative to assure accountability on the part of a government, to restrain and dilute a trend towards corruption and to protect the fundamental and universal rights of the citizens, from incursions and interference of the governments in power.1 To achieve this cherished objective, it is a must to separate and circumscribe the legislative powers of the parliament to enact laws, the power of the government to manage and govern in the light of the ratified and established laws, and the power of the judiciary to listen to and resolve disputes in
The United states constitution, as framed by the founding fathers, does not contain express injunction for the preservation of distinct boundaries of the broad institutional powers it grants, nor does it explicitly enjoin preservation of a system of checks and balances.
According to Viscount Henry St John Bolingbroke (1748) separation of powers is necessary for the protection of individual freedoms, and thus for the security of persons. Its most popular proponent, Montesquieu adds that separation of power ensures liberty in the three arms of government.
The idea of “separation of powers” accepts that powers should undergo devolution into these three different branches. These include legislature, executive and judiciary (Coper & Williams, 2001). The reason for power separation is its ability to allow power to be exercised in three different ways to achieve the holistic goals of a government.
y assessment (a democratic element).
Montesquieu agrees in part with Aristotle's ideas of combining a democracy with oligarchy. He terms them "executive" and "legislative" branches, but they are in effect the same as Aristotle's "democracy" and "oligarchy".
UK despite amending its constitution umpteen times is still unable to mend its traditional 'rule of law' due to which it has limited boundaries to the 'separation of powers'. UK cannot point to any other country to claim that the country is following UK's constitution.
Nevertheless, the essential ideas behind the doctrine remain vital ingredients of Western political thought and practice today; the problems of earlier centuries remain the problems of today, although the context is different and the dimensions of the problems have changed" (Vile, M.J.C.; 1967; Chapter 2)
Each government branch has the ability to monitor the powers of other government branches. This concept is referred to as separation of powers. This philosophy greatly influenced the development of the United States Constitution. The constitution illustrates three branches of government; Judicial, Executive and Legislative.
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