Separation of Powers

2016 Words9 Pages
Discuss the doctrine of separation of powers, rooted in the philosophy of John Locke and Baron de Montesquieu in the context of the USA and UK. Introduction: The separation of powers is a doctrine usually used in states for its governance. It is define by Aristotle as “3 element of constitution, first the deliberative, which discuss common important stuffs, second the officials and third the judicial”. Nowadays these are known as the legislative, executive and judiciary. John Locke and the Baron de Montesquieu emphasises on the fact that each element should have a separate identity. This doctrine is usually used in states for its governance even though not in the same way ,such as for the US and the UK which use this doctrine but it differs upon how separate are the different component of the Separation of Powers. The Components of the Separation of Powers: The Legislative Power The legislative main function is the publication of general rules which determines the power and structure of public authorities. It also involves controlling the behaviour of citizens and private organisation. The Executive Power It consists of officials and public authority whose roles are to execute the function of the government, civil service and armed force. It involves the introduction of legislatives, the maintenance of order and the promotion of economic and social welfare and deals with external relation of the state. The Judiciary Power The role of the judiciary involves settling conflicts occurring among institutions in the state. It also involves applying the laws and taking any actions against those not abiding to the laws passed by the government. Philosophies of John Locke and Baron de Montesquieu Both John Locke and Montesquieu claimed that the legislative, executive and judiciary must be separate and independent for its efficiency. They believed that the
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