SEPARATION OF POWERS: A COMPARATIVE ANALYSIS
Keywords:
Separation of powers, Legislative, Executive, JudiciaryAbstract
he separation of power, although by no means universal, is widely regarded as one of the pillars of a liberal constitutional democracy. Article 16 of the French declaration of rights of man 1789, states that a society where rights are not secured or the separation of powers established has no constitution. The doctrine of Separation of Powers deals with the mutual relations among the three organs of the Government namely legislature, executive and judiciary. The origin of this principle goes back to the period of Plato and Aristotle. It was Aristotle who for the first time classified the functions of the Government into three categories viz., deliberative, magisterial and judicial and Locks categorized the powers of the Government into three parts namely: continuous executive power, discontinuous legislative power and federative power. “Continuous executive power” implies the executive and the judicial power, “discontinuous legislative power” implies the rule making power, and “federative power” signifies the power regulating the foreign affairs.1 The French Jurist Montesquieu in his book L. Esprit Des Lois (Spirit of Laws) published in 1748, for the first time enunciated the principle of separation of powers. That’s why he is known as modern exponent of this theory. Montesquieu 2 said; “When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty, because apprehension may arise, least the same monarch or senate should enact tyrannical laws, to execute them in a tyrannical manner. Again there is no liberty if judicial power be not separated from the legislative and the executive power.
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