Legal separation

The theory of separation of powers is an idea that leads us back to ancient Greek times. It is a doctrine which represents a way of analysing government and the extent to which a state organises the distribution of power in its different branches. The ancient Greeks in their wisdom looked at the government as being formed by three separate functions. Moreover, the political philosopher Montesquieu reached the threshold of a more meaningful explanation of the doctrine by saying that ‘there can be…

creates a limited government by creating a strong federal government but also granting power to the states. By allocating powers between the states and federal government, federalism prevents either of them from becoming too powerful. For example, the legal driving age is determined by the states not the federal government (Witmer). An example of the federal government having power over the states is the regulation of foreign commerce. The federal government has the right to determine which…

discuss why the Australian Constitution has separated the legislative, executive and judicial powers. The separation of powers is about preserving our freedom as enshrined in the Australian Constitution. The history of the separation of powers theory will be discussed, also there will be references to weekly reading materials and weekly tasks. Argued will be that the reasoning behind the separation of power is to ensure that no branch of government or an individual has sole power of the…

The ‘separation of powers’ is a doctrine that has caused much debate through the centuries, and although it is difficult to find its exact origins, it is possible to distinguish a basic separation of powers doctrine from the writings of Greek philosopher Aristotle. He remarked that a constitution must have three elements to be effective. The three are, first the deliberative, which discusses everything of common importance; second, the officials…; and third, the judicial element. The English…

however, unlike most other democracies that have come into effect through a revolution or a change in regime that in turn instils a new legal system from scratch, the United Kingdom’s ‘uncodified’ legal system has evolved over time to fit the circumstances and has never been through a complete remodelling. Although there are many documents that make up this legal system, academics have been debating whether or not the UK actually has a constitution. This…

the Commonwealth.The Court held that, the Mining Act does not, as a matter of construction, apply to freehold or leasehold land vested in the Commonwealth and therefore does not apply to land of this kind within the defence practice area. The separation of power…

Doctrine of separations of powers Separation of powers are refer as a political keystone of the constitutional system in Australia. Doctrine of separation of powers is more focus to confine the three branches of government in their respective fields. The powers and personnel of each branches remain separate. Legislature alone exercise legislative power; the Executive alone exercise executive powers; the judiciary alone exercise judicial powers (pg 114, The Constitutional System of the…

Separation of Powers Separation of powers is a basic doctrine in modern democratic government. It originated from the writings of a French philosopher named Montesqieu who in 1748 published a book entitled “The Spirit of the Laws”. He introduced the idea that power of government were three of kinds: the legislative, the executive and the judicial power. In Malaysia, separation of powers is similar with the English legal system in United Kingdom. Based on our Federal Constitution, Article 39,…

Constitution’s separation of powers doctrine and the role of the executive branch in foreign affairs (O’Brien). The sole organ theory also asserts that the president alone acts as a representative on behalf of the country when dealing with foreign nations and in issues of international conflict (O’Brien). With regards to the treaty with Great Britain, Washington has the ability to invoke executive privilege in this case based on implied and explicit powers in the Constitution, the separation of…

Six Principles When the Constitution was made they came up with the six principles. They include popular sovereignty, limited government, separation of powers, checks and balances, judicial review and federalism. These are important to the framers and the United States people because they say the people have the power and how the power is to be separated amongst the government. Popular sovereignty and limited government are similar because in both it states that the people have to power.…