Separation of powers

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  • Doctrine Of Separation Of Power

    CONCEPT OF SEPARATION OF POWER The doctrine of separation of power is a vital principle in constitutional law. Basically, doctrine of separation of power deals with the mutual relations among the 3 organs of the state which are executive, legislature and judiciary. This doctrine can be traced back to Aristotle which classified the functions and the power of the states into 3 categories named continuous executive power, discontinuous legislative power and federal power. The clearest explanation of doctrine of separation of power can be found in the French philosopher, Baron de Montesquieu, in his book L. Esprit des Lois (The Spirit of Law).Montesquieu is one of the earliest philosophers that develop the doctrine of separation of power. Montesquieu stated that, “if the legislative and executive powers are vested in the same body, there can be no liberty. Besides, there is no liberty if the judiciary is not independence. If the judiciary is joined with legislative power, the life and liberty of individual will exposed to arbitrary control whereas if joined with executive power, the judge will behave with oppression. This will end up with three powers will exercise by the same body.”…

    Words: 995 - Pages: 4
  • Theory Of Separation Of Powers

    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…

    Words: 1815 - Pages: 7
  • Government Separation Of Powers

    it comes to foreign policy, the American government is not so much an example of “separation of powers” but rather of separate institutions exercising overlapping powers. It is important to first distinguish between what it really means when we say the American government is not so much an example of separation of powers, but rather of separate institutions exercising overlapping powers. In terms of American government, it is split between the presidential powers and the congress. The congress…

    Words: 1813 - Pages: 8
  • Essay On Separation Of Powers

    President and all of his cabinents and departments), and the judicial the courts). These three branches share power and each power serves as check on the others. Why was this system important to the framers . Do you think this is still an effective system of government? Seperation of powers is an effective system of government. Separation of powers has been exercised since the Founders started creating the great government we have in present day time. It has balanced the powers between the…

    Words: 781 - Pages: 4
  • The Importance Of Separation Of Power

    The United States formed a separation of power which is associated with a system of check and balance. The President of the United States is the head of the executive branch of government, he enforce the laws that is writing by congress. This branch of government is very big so the president get help from the vice president who is second in line to become the president should the need arise. If both of them are incapable the speaker of the house will take over and become president. The West…

    Words: 1213 - Pages: 5
  • Separation Of Powers Essay

    We do not bow down to tyranny. The framers wanted to forge a powerful national government by creating federalism and incorporating separation of powers preventing any one branch of government from taking total control of the nation. Using limited powers and a system of checks and balances, the framers designed a way of keeping each branch of the government in control and preventing any one branch from gaining too much power subjecting the citizens to tyranny. The Separation of Powers is…

    Words: 1047 - Pages: 4
  • The Pros And Cons Of Separation Of Powers

    guarantees the protection of our rights. They granted all national powers to the congress; however, it allowed each state to retain its sovereignty, freedom, and independence. The Three Branches of government protect our society from single unlimited power and leave the nation in safe position. The most imperative aspect of our government is the separation of power. This concept is extraordinarily introduced in the first three articles of the constitution. The vital variable that contributed to…

    Words: 1650 - Pages: 7
  • Importance Of Separation Of Powers Essay

    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,…

    Words: 888 - Pages: 4
  • Separation Of Powers Of The Federal Government

    Government is a system or form of rule which a community, state, etc. is governed. There are many different types of government: democracy, republic, monarchy, aristocracy, and dictatorship. These are the common forms of government. One specific principle of government is federalism. Federalism explains the separation of powers between the national government and the state government. In order to ensure that each individual’s rights are protected, they created federalism to help ensure that the…

    Words: 1377 - Pages: 6
  • Importance Of Separation Of Powers In Australia

    for all. Thus, separation of powers was formed to make sure that this is the case. Separation of powers puts the institutions of government into three different branches. These branches are: The legislature which make the laws; the executive government put laws into action; and the third brach,the judiciary interprets the laws. Separation of Powers is said to be the cornerstone of fair government. It is supposed to give back a voice to the people, and stop any corruption in governments. But the…

    Words: 1362 - Pages: 6
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