Summary Separation of powers

seperation of peres

Concept of separation of
>
-
Powers
>
-
for the preservation of the political liberty of the individuals and

democracy·
>
-
powers of divided between its in accordance with
government are
organs
the nature of powers to be enercised
.

↳ Those are :
organs


I
legislature
S
Exact Doctrine
i




power of
>
-
laws . e . the of
Separation
Interpret . power of Judiciary
>
laws i e
. the of powers
>
-
Executive .
i




Enforce laws .e
. power of the



>
-
Each is independent.
organ


(important points on separation of powers)


1. The same persons should not form part of more than one of the three organs of
the government.
.
2 One of government should not control or interfere with the exercise of it's
organ
function by another .
organ
.
3 One
organ of government should not enercise the functions of another .



>
-
Basic features of doctrine of separation of powers


>
- division of is and
powers necessary blu the legislative , the enecutive

the Judiciary.

>
- Different departments must exercise the three powers of the
government with

their respective personnel.

>
-
when the legislative and enecutive are united ,
there cannot be
unity.
↳ can lead to monarche and
may
tyrannical

S Tyranical
S
enact laws and execute laws

them in a tyrannical .
manner
>
- laws that unfair
- Judicial powers +
legislative powers . to the citizens .




↳
-
Arbitrary control
>
- unfair
↳ Judicial + executive
power power
-
might in


3
Judge behave a

violent and oppressive .
manner

Prosecutor =

Judge
i. e
. same power

>
-
If powers are rested in one or exercised without separation
organ , ,

would not be effective
governance .