The aim of this essay is to discuss what separation of power is and how it promotes democracy and good governance. For the purposes of this discussion, democracy is a system of government exercised by representatives, who are freely and fairly elected by a population with the right to vote and to stand for election. The features of a functioning democracy include the separation of powers, checks and balances, the rule of law, and the protection and promotion of basic human freedoms. The exercise of democracy depends on an educated and organised civil society, and it can only be successful and sustainable if it is made possible at local, regional and national levels.
The separation of power is a model for the governance of a state. The model was first developed in ancient Greece and came into widespread use by the Roam Republic as part of the unmodified Constitution of the Roman republic. Under this model, the state is divided into branches, each with separate and independent powers and areas of responsibility so that no one branch has more power than the other branches
The separation of powers is a constitutional principle designed to ensure that the functions, personnel and powers of the major institutions of the state are not concentrated in any one body. It ensures diffusion rather than a concentration of power within the state. The fundamental purpose of the separation of powers is to avoid the abuse of power and thereby to protect the rights and liberties of citizens. In essence, Montesquieu states that the three organs of government – the executive, legislature and judiciary – should each have a discrete and defined area of power and that there should be a clear demarcation of functions between them: this is true ‘separation of powers’.
The executive is the part of government that has the sole authority and responsibility for the daily administration of the state. The division of power into separate branches of government is...