SEPARATION OF POWERS: A COMPREHENSIVE REVIEW OF THE CONSTITUTIONS OF INDIA, THE UNITED KINGDOM, AND THE UNITED STATES
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https://doi.org/10.55662/Abstract
“Power tends to corrupt and absolute power corrupts absolutely.”
-Sir John Dalbery- Acton
The doctrine of separation of power existence can be traced back in Magna Carta. It basically means that there shall be separation of power between executive, legislature and judiciary. So the executive shall be liable for enforcing laws, legislature shall be liable of making those laws and judiciary in case of breach of such law, shall decide the specific dispute. Each organ has a separate function to perform in its demarcation.
Also check and balance could mean no independence of judiciary. Judiciary purpose is to provide justice and it is important to for judiciary to be free from any internal or external influence so that it can function without being bias.
What one need to analysis is that, is it practically possible to have such strict separation and is its implementation possible? Different countries have adopted the concept of separation of power accordance with their constitution. But does pure separation of power has been adopted or not? This will be dealt in later part of this essay. First we need to understand the concept of separation of power and how check and balance has become important part for implementation of good governance in exercising separation of power.
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