Doctrine of Separation of Power

DOCTRIN OF SEPARATION OF POWER.

• The principle

The doctrine of separation of powers is said to be a basic doctrine in a modern democratic government because it provides for the separation of the powers of the 3 different limbs of government which is normally described as:

(a) The legislative power responsible for making laws

(b) The executive power which governs and polices the law

(c) The judicial power which enforces the law made by the legislature

In theory in the doctrine of separation of powers, all these 3 separate limbs are independent of one another, the reasoning is that political stability and freedom would be secured if the 3 arms of government remained separate. Separating governmental powers would at least ensure that the person or body responsible for enacting last would not be permitted to police or enforce them as well.

If all the 3 powers were held by the arbitrary rule would prevail. If the doctrine of separation of powers is strictly followed, it means that no one of the 3 branches of government can participate in any functions of the others or belong to the others.

The doctrine of separation of powers will enable a system of ‘checks and balances’ to ensure a balance of power between the 3 branches of government. With separation each limb/body if supposed to check the other and ensure that they did not exceed or abuse their power.

• Application in general.

Around the world, there are countries who are applying doctrine of separation of power such as Australia, France, Hong Kong, India, and United Kingdom. Each country has various models after modified it to be more practical to local culture and circumstances.

In essence, the doctrine of separation of powers is that for a free and democratic society to exist there must be a clear separation between the three branches of government.

(a) The legislative power: making laws

In most countries, it consists of the Senate (some called Parliament) and the House of Assembly. Senate or Parliament normally will consist two houses which is the upper house and the lower house, upper house and lower house consists of members elected or appointed by each country constitution, mostly are the persons who have rendered distinguished public service or have achieved distinction in the professions, commerce, industry or social service.

(b) The executive power: governs and polices the law

This is the branch that executes the business of government. In most countries, it comprises the President, Vice-Presidents and Ministers, the Public Service, the Defense