Doctrine of Seperation of Power

The theory of separation powers is popularized by Baron de Montesquieu or by his real name Charles Louis de La Brede in his book Spirit of Laws. During the Greece heroic times, exists the three argues, where people are the legislative and the king as the judge and Executive. In this era where people have the legislative power, the March has became diminish because it was in-distributed. Separation of Powers is the main factor to uphold the rule of law, where government by the law not based in single power Monarchy alone could bring tyranny, aristocracy alone could bring oligarchy, and Democracy could bring anarchy. Liberty is a right of doing whatever the laws permit, and if a citizen could do what they ever the laws permit, and if the citizen could do what they forbid he would be no longer possed of liberty, because all his fellow citizens would have the same power.

This doctrine is a mechanism to prevent the abuse of powers by the governing bodies while exercising or performing their function. Since these bodies is the caretaker of the people therefore they are to ensure that the nation is being manage according to law so that the well being of the people will not be put aside. Because of this, no governing body can be given more than one power because these may resulted in an unlimited of power making it impossible to be question and check upon by others. This is the importance of check and balance. To enable supervision and checking be done upon this power, it need to be separated according to its function and each government organ which have been allocated with certain function cannot later on encroach into the administration and function of other organ. Each organ is being confined to its function alone.

This doctrine works by balancing the powers distributed amongst organs of government and giving each organ the ability to check the power exercise by other organ. It is a kind of measured to remove the amount of power hold by