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Separation of Powers - Essay Example

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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…
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Separation of Powers

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. ... Read More
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