Why Seperation of Powers is important ?

The three organs of the government are the legislative, executive, and judicial. Most governments around the world, though arranged differently, exercise these powers in one way or another. Since many governments around the world have a system of government have a system of government not unlike those of the United States and Great Britain-

Legislative

This refers to making laws, a power usually vested in a representative assembly of some kind. In the federal government of the United States, Congress is the legislative branch. It is divided into two houses, each of which must approve potential legislation by a majority vote. In Great Britain, this power is held by Parliament. Legislature, lawmaking branch of a government. Before the advent of legislatures, the law was dictated by monarchs.

Early European Legislatures include the English Parliament and the Icelandic Althing (founded c,930). Legislatures may be unicameral or bicameral. Their powers may include passing laws, establishing the goverment’s budget, confirming executive appointments, ratifying treaties, investigating the executive branch, impeaching and removing from office members of the executive and judiciary, and redressing conconstituent’s grievances.

Members may be appointed or directly or indirectly elected; they may represent an entire population, particular groups, or territorial subdistricts. In presidential systems, the executive and legislative branches are clearly separated ; in parliamentary systems, members of the executive branch are chosen from the legislative membership.

Executive

The executive power is broadly defined as the power to enforce, or carry out, laws. In the United States, this power belongs to the President and the Executive Branch. In most countries, the actual work of enforcing laws is done by an enornomous and complex bureaucracy with the President is tasked with supervising.

In Great Britain and other Parliamentary systems, the executive power is exercised by a number of ministers who head offices similar to those in the United States. Executive- In politics, a person or persons constituting the branch of government charged with executing or carrying out the laws and appointing officials, formulating and instituting foreign policy, and providing diplomatic representation. In the US, a system of checks and balances keeps the power of the executive more or less equal to that of the judiciary and the legislature.

Judicial

The Judicial Branch basically interprets and applies laws, including the Constitution, through legal decisions. In the United States federal government, there is a judicial branch headed by a Supreme Court that mostly hears important constitutional cases on appeal. Beneath the Supreme Court there is a federal appeals court and a district court system responsible for civil and criminal cases in federal law. In Great Britain, the judicial power is also held by a judiciary branch which has gradually become independent from Parliament.

Judiciary, branch of government whose task is the authoritative adjudication of controversies over the application of laws in specific situations. Conflicts brought before the judiciary are embodied in cases involving litigants, who may be individuals, groups, legal entities (eg corporations) or governments and their agencies. Conflicts that allege personal or financial harm resulting from violations of law or binding legal agreements between litigants- other than violations legally defined as crimes- produce civil cases. Judicial decisions in civil cases often require the losing or offending party to pay financial compensation to the winner. Crimes produce criminal cases, which are officially defined as conflicts between the state or its citizens and the accused (defendant) rather than as conflicts between the victm of the crime and the defendant. Judicial Decisions in criminal cases determine whether the accused is guilty or not guilty. A defendant found guilty is sentenced to punishments, which may involve the payment of a fine, a term of imprisonment, or in some legal systems, state-imposed physical mutilation or even death. Judiciaries also frequently resolve administrative cases, disputes between individuals, groups,or legal entities and government agencies over the application of laws or the implementation of government programs.

The Seperation of Powers-Why is it Necessary?

History has time and again shown that unlimited power in the hands of one person or group in most cases means that others are suppressed or their powers curtailed. The separation of powers in a democracy is to prevent abuse of power and to safeguard freedom for all.

Sharing Power and Checking One Another

The system of separation of powers divides the tasks of the state into three branches: legislative, executive and judicial. These tasks are assigned to different institutions in such a way that teach each of them can check the others. As a result, no one institution can become so powerful in a democracy as to destroy this system.

The three Powers: Legislative, Executive, Judiciary

Checks and Balances (rights of mutual control and influence) make sure that the three powers interact in an equitable and balanced way. The separation of powers is an essential element of the Rule of Law, and is enshrined in the Constitution.

Clear Distinctions

The separation of powers is also reflected in the fact that certain functions must not be exercised by one and the same person. Thus, the Federal President cannot at the same time be a Member of the National Council, or a judge who is appointed Minister or elected to be a Member of the National Council must be temporarily suspended from his/her judicial duties.

Checks and Balances, principle of government under which separate branches are empowered to prevent actions by other branches and are induced to share power. Checks and balances are applied primarily in constitutional governments. They are of fundamental importance in tripartite governments, such as that of the United States, which separate powers among legislative, executive and judicial branches. The Greek historian Polybius analyzed the Ancient Roman mixed constitution under three main divisions: monarchy (represented by the consul); aristocracy (the Senate); and democracy(the people). He greatly influenced later ideas about the separation of powers. Checks and Balances, which modify the separation of powers, may operate under parliamentary systems through exercise of a parliament’s prerogative to adopt a no- confidence vote in a government; the government, or cabinet in turn, ordinarily may dissolve the parliament.

The British Parliament is supreme, and laws passed by it are not subject to review by the courts for constitutionality. In France, under the Fifth Republic (1958), a Constitutional Council of nine members appointed for nine years by the President, Senate, and National Assembly reviews the constitutionality of legislation. The Federal Republic of Germany combines features of parliamentary systems and of federal systems like that of the United States. It vests the right to declare a law unconstitutional in the Federal Constitutional Court (1951).

The framers of the US Constitution, who were influenced by Montesquieu and William Blackstone among others, saw checks and balances as essential for the security of liberty under the Constitution: ”It is by balancing each of these powers against the other two, that the efforts in human nature toward tyranny can alone be checked and restained, and any degree of freedom preserved in the constitution” (john Adams). Though not expressly covered in the of the Constitution, judicial review- the power of the courts to examine the actions of the legislative and the executive and administrative arms of government to ensure that they are constitutional- became an important part of government in the United States.

Other checks and balances include the presidential veto of legislation (which Congress may overide by a two-thirds vote) and executive and judicial impeachmenyt by Congress. Only Congress can appropriate funds, and each house serves as a check on possible abuses of power or unwise action by the other. The President appoints the members of he Supreme Court but only with the consent of the Senate, which also approves cerain other executive appointments. The Senate also must approve treaties.

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