Explain The Doctrine Of Separation Of Powers

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The doctrine of separation of powers, traceable in its modern form to the French political philosopher Montesquieu, emphasises the mutual exclusiveness of the three organs of the government, viz., legislature, executive, and judicial. The main underlying idea is that each of these organs should exercise only one type of function. There should not be concentration of all the functions in one organ otherwise it will lose a threat to personal freedom, for, in that case, it can act in an arbitrary manner. It could enact a tyrannical law, execute it in despotic manner and interpret in an arbitrary without any external control. The doctrine therefore emphasises that the legislature should be confined to legislative powers only and it should have no executive or judicial function to discharge; the executive should restrict itself to executive functions…show more content…
The purpose underlying the separation doctrine is to diffuse governmental authority so as to prevent absolutism and guard against tyrannical and arbitrary powers of the state, and to allocate each function to the institution best suited to discharge it. The rationale u deploying the doctrine has been that if all power is concentrated in one and the same organ, there would arise the danger of state absolutism endangering the freedoms of the people. The doctrine of separation of powers forms the basis of the American constitution structure. Articles I, II and III which delegate and separate powers exemplify ten concept of separation of powers. Art. I vets legislative power in the congress; Art. II vests executive power
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