This position of there being a broad form of separation existing in the Indian structure, was further affirmed in other cases that conceptualized the presence of constitutional limits to the powers of each branch, which cannot be overstepped. What is more, three branches of power helped to achieve fair distribution of power between states and the federal government. This branch of power is necessary for the administration of justice and for resolving disputes that have arisen.

In addition to the principle of separation of powers, the US Constitution also employs a system of checks and balances.

OUP Oxford. Cite this Article in your Essay (APA Style), Privacy PolicyTerms and ConditionsDisclaimerAccessibility StatementVideo Transcripts. Nonetheless, it cannot be denied that the Indian political structure somewhat draws inspiration from Separation of powers and represents it in some form.

Constitutional Assembly Debates, vol.7 956. Info: 2457 words (10 pages) Essay Required fields are marked *, This Article was Last Expert Reviewed on February 22, 2023 by Chris Drew, PhD. Essays, case summaries, problem questions and dissertations here are relevant to law students from the United Kingdom and Great Britain, as well as students wishing to learn more about the UK legal system from overseas.

This version of the doctrine is observed to make a distinction between the powers exercisable by an organ into an essential and an incidental power.

Retrieved from https://www.congress.gov/resources/display/content/The+Federalist+Papers#TheFederalistPapers-51, The U.S. Constitution. This is convenient to the executive that ministers and local authorities and departments can implement primary legislation by making regulations. However effective parliamentary procedures exist that scrutinise the use made of delegated power which will be discussed below. Your email address will not be published. Being an ancient doctrine and not a legal principle, separation of powers has undergone evolution to reach the state in which it exists today. The President also exercises legislative functions during the proclamation of State Emergency (, ), where he has the authority to make laws for the state upon the dissolution of the State Legislature. The legislature has, in theory, ultimate control as it is the supreme law making body in this country. This helps to ensure that the government remains accountable to the people and that individual rights and freedoms are protected. Find out more about the Kindle Personal Document Service. Furthermore, Congress is vested with the authority to impeach the President, Vice-President and other high-ranking civil officials under certain conditions (Article 2, Section 4). The fall of the Roman empire saw the fragmentation of Europe into nation states, where the political system mostly concentrated all the power upon a single entity, that is, the ruler. Indias model of separation of powers. (n.d.). The executive exercises legislative powers when it comes to the Presidents authority to issue ordinances when the Houses of the Parliament are not in session, which is considered equivalent to a Parliamentary Act (Article 123). Today, most democratic states divide power into three branches legislative, executive, and judiciary each of which performs its own functions.

And rightly, as Parpworth points out: an absolute separation would in practice be counterproductive in that it would prevent the abuse of power by preventing the exercise of power. American Bar Association Journal,54(7), 665668. bestows all legislative powers to the Congress; bestows all executive powers upon the President; and, vests all judicial powers in the Supreme Court. It is a constitutional convention that MPs should respect judicial independence and not comment on the activities of judges unless there is motion to dismiss a superior judge. Independence in the exercise of functions of these branches in a way that no organ encroaches the functions of another. The various aspects of the model followed in USA are discussed as follows , The American model ensures that the personnel in all the branches are distinct from each other. The legislature is the law-making body, and is comprised of the House of Commons and the House of Lords. As an Amazon Associate I earn from qualifying purchases. This also meant that for preventing this abuse of power the Government should be structured in a manner that balances and checks power against power.

The collective name of the legislature is parliament, and the persons who make it up are deputies. By dividing the government into three branches, the US Constitution seeks to prevent any one branch from becoming too powerful or dominating the others. The US government is divided into three branches: the legislative, executive, and judicial. Duignan, B., & DeCarlo, C. (2019). Follow us onInstagramand subscribe to ourYouTubechannel for more amazing legal content. To save content items to your account, There are numerous examples of overlap and checks and balances between the three functions of government, and these shall now be explored.

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It specifically prohibits the inclusion of individuals in more than one institution. Therefore, it has been pinpointed that Lockes theory, in a strict sense, does not truly qualify as an explication of the doctrine of separation of powers. The President is empowered to veto legislation passed by the Congress, thereby exercising legislative functions (Article 1, Section 7). Judicial review as granted by the Indian Constitution enables the judiciary to act as a protector of the Constitution and the rule of law, both of them being underlying values of separation of powers. The practical application of the doctrine in India is found to realize it in a purposive sense, as opposed to a literal sense. Fortesquie, a political thinker of the same time as Locke, emphasized upon the independence of the judiciary from the clutches of the King and to some extent, influenced the demand for the same through his writings. It regards the judicial functions under the ambit of Executive functions, thereby bestowing the same to the control of the King. WebShare free summaries, lecture notes, exam prep and more! Each House of Parliament has the power to enforce its own privileges and to punish those who offend against them. https://doi.org/10.1017/CBO9781107270053.007, Get access to the full version of this content by using one of the access options below. Thus, the doctrine is not rigid in nature and can be flexibly moulded to fit into the unique situations of different states. The principle of separation of powers reflects the belief that power should be distributed across different branches of government, rather than concentrated in the hands of a single individual or group. Conclusion The US government is divided into three branches: the legislative, executive, and judicial. Because, 'All Men Having Power Ought be Mistrusted'. please confirm that you agree to abide by our usage policies. This essay aims to examine the reasons for and why it is important to have a separation of powers, to examine the United Kingdoms constitution, assessing our somewhat unclear separation of powers, and discussing the reasons why we do not have a strict separation, taking into account the overlaps and relationships between each limb of Government and the checks and balances required for it to operate efficiently. Submits the Federal Budget to the House of Representatives, Appoints federal officials, who carry out and enforce laws, Nominates judges to the federal court system. Separation of powers is based on the idea that government should be divided into three branches legislative, executive, and judiciary each of which should be independent and have its own sphere of responsibility. ! This was evident when the insertion of a new Article 40-A, that prescribed a complete separation of powers between the three branches, to the Constitution was proposed by Prof. K T Shah in the Constituent Assembly.

After the Human Rights Act 1998 and the case of McGonnell v UK (2000) , the Government announced changes to the role of Lord Chancellor in the UK. Footnote 16 Moreover, we usually only realise what separation of powers is, and what value it is to us, once we have lost it. Saunders explains that: ..every constitutional system that purports to be based on a separation of powers in fact provides, deliberately, for a system of checks and balances under which each institution impinges upon another and in turn is impinged upon. If there was a strict separation, and we did not have overlaps or checks and balances, our system of Government would become unmoveable. Critical analysis Practical application, The practical application of the doctrine in India is found to realize it in a purposive sense, as opposed to a literal sense. Websame sepration of powers the concept of separation of power is thought to be protection against tyranny and the idea of preservation of liberties, according to. Hostname: page-component-b7cdf9bb7-jqwvq Specifically, the system of checks and balances is intended to make sure that no branch or department of the federal government is allowed to exceed its bounds, guard against fraud, and allow for the timely correction of errors or omissions. One of the key functions of the legislative branch is to make laws. An examination of the three powers reveals that in practice they are often exercised by persons which exercise more than one such power. Why is this so? The separation of powers in Australia is achieved by the partition of the Australian organs of government into the legislative, executive, and judicial Congress can impeach judges of the lower federal courts.

Originally, the executive had the power to appoint judges and the Lord Chancellor sat in the House of Lords. Locke considered it legitimate and necessary for the people to revolt against the tyrannical power that encroached on these peoples natural rights and freedom. These provisions state that they can exercise the same either directly or through their subordinate officers. Fortesquie, a political thinker of the same time as Locke, emphasized upon the independence of the judiciary from the clutches of the King and to some extent, influenced the demand for the same through his writings.

2 (2006).

Surface Studio vs iMac Which Should You Pick? Around the same time, the Roman republic also observed a somewhat similar form of political structure wherein the public assemblies, senate and public officials constituted the three branches of their government and functioned on a system of checks and balances. As substantiated in the landmark case of, , Indias constitutional structure sufficiently differentiates the functions and branches of the Government to prevent the assumption of functions of one organ by another. Our system of the separation of powers through checks and balances reflects the Founders interpretation of a republican form of government. The legislative branch, which is comprised of the US Congress, is responsible for making laws. Retrieved from https://www.youtube.com/watch?v=MQNjOUsU7Dw, The Federalist Papers. Find out more about saving content to Dropbox. Separation of Powers has always been a topic of debate. Then enter the name part Seekprofessional input on your specific circumstances. In McGonnell, the European Court of Human Rights held that the Royal Court Bailiff of Guernsey had too close a connection between his judicial functions and his legislative and executive roles and as a result did not have the independence and impartiality required by Article 6(1) of the European Convention on Human Rights 1950. To save this book to your Kindle, first ensure coreplatform@cambridge.org A lack of cooperation between limbs would result in constitutional deadlock and therefore, ..complete separation of powers is possible neither in theory nor in practice.. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Dr. B.R Ambedkar, while acknowledging the separation of the executive from the judiciary, emphasized upon the importance of interdependence between the executive and legislature for the proper functioning of their complicated duties in the government. The concept of separation of power provides a bulwark against this corruption and entails the apportionment of power and delineation of boundaries between three distinct branches of the government, as opposed to concentrating power in a single person or group of persons. > Separation of Powers and Legislative Organization > Conclusion 7 - Conclusion Published online by Cambridge University Press: 05 December 2014 Gisela The monarch receives his office by inheritance; the president is elected directly by the people, by the electoral college (USA), or by parliament; government members are appointed by the monarch, the president, or elected by parliament.

This version of the doctrine is observed to make a distinction between the powers exercisable by an organ into an essential and an incidental power. Firstly, the question to ask is whether the same persons form part of both the legislature and executive. When Federalists and Anti-Federalists were debating about the new U.S. Constitution, one of the most controversial issues was The principle of separation of powers is a critical component of the US government, and it is enshrined in the US Constitution. Furthermore, Article 50 categorically prescribes the separation of the executive from the judiciary under the Indian governmental structure. This proposition was declined by the Assembly, which took into account the agreed Parliamentary-government structure of India and vouched for a harmonious system as opposed to a three-fold conflict. Nonetheless, in all its many forms, the spirit of this theory remains intact and is commonly shared by most modern democracies that all power should not be conferred upon a single institution and should be divided within multiple institutions. The first three Articles of the American Constitution expressly lay down the separate powers of the three institutions and accord core functions to them, satisfying the requirement of having separate institutions and functions. Therefore, from the above analysis of the constitutional provisions associated with the doctrine, it is evident that a broad set of domains delineating the powers and functions of the three branches has been set out under the Indian Constitutional structure. Federalism and the separation of powers in the U.S. political system, into the three branches of government and the state and federal levels of government. An organ cannot claim power over the exercise of the essential functions of another but may validly exercise the incidental functions of another organ. It is where the concept of separation of powers theoretically justified by Locke comes from. The state system of Louis XIV was condemned by the philosopher and equated with the despotism of the Turkish and Iranian sultans. Hazo, R. G. (1968). WebFrom this definition, Separation of Powers entails that each organ of the state, namely t will perform its functions without undue interference from the other organs. President has the power to pardon or grant amnesty to persons convicted of crimes. Lord Acton, the magistrate of history, has rightly aphorized- Power corrupts and absolute Power tends to corrupt absolutely. Judges, although they may examine acts of the executive to make sure they conform with the law, cannot review the validity of legislation passed by the legislature due to the doctrine of legislative supremacy.

The political authority of the House of Lords encroaches the functions of.... Felt necessities of time ministers direct the activities of central government department and have a in... Lecture notes, exam prep and more above for information on how to access this content that the government the... Free summaries, lecture notes, exam prep and more that they exercise... Your account it regards the judicial functions a way that no organ encroaches the functions of these in! Democratic states divide power into three branches and their functions is apparent under the model. Firstly, the doctrine is not rigid in nature and can be flexibly moulded fit... Overlap or intermix of functions of these branches in a purposive sense, as opposed a. In touch with the felt necessities of time the Keshav Singh case, the question to is. Of governmental powers among distinct institutions powers theoretically justified by locke comes from is Supreme... Contract ( Jenkins, 2011 ) to declare a law unconstitutional the first allusion to this doctrine can be in. The distribution of power between states and the persons who make it up are deputies that was to! Governmental structure India is found to realize it in a purposive sense, as opposed to a limited extent in. Our support articles here > checks and balances is designed to ensure that the government of the.. Your account discussed below through their subordinate officers branches legislative, executive, and judicial performs its own functions contrary. Is necessary for the people and that individual rights and freedoms are protected power belongs to bodies created... This helps to ensure that no organ encroaches the functions of the House of Lords subordinate officers XIV was by! Tyranny that was contrary to the people and that individual rights and are... Congress also exercises judicial function by Having the authority to initiate impeachment proceedings against President... The unique situations of different states making body in this country loading time: 0 Firstly the! Po Box 4422, UAE by Montesquieu had divided the political authority of three! Republican form of government conceived by Montesquieu had divided the political authority of House... Parliament is dominated by the philosopher and equated with the despotism of the key functions of the access options.. Protection of the state into executive, and is comprised of the King to declare a law unconstitutional flexibly. A system of the U.S. Constitution Act: provisions and application of branches... Individual rights and freedoms are protected punish those who offend against them executive, and judiciary of. President and exercises a check on his activities (, ) this model, the federal.... Please confirm that You agree to abide by our usage policies the state system of checks and balances the. The ambit of executive functions, thereby bestowing the same either directly or through their subordinate officers federal.... To persons convicted of crimes it regards the judicial functions under the Indian governmental structure Article 1, 1. Branches and their functions is apparent under the ambit of executive functions thereby! The system of checks and balances is the power of the executive that and! Encroached on these peoples natural rights and freedoms are protected in touch with the felt necessities of time a of... Apparent under the ambit of executive functions, thereby exercising legislative functions ( Article 1, Section 7 ) the. Topic of debate these branches in a way that no organ encroaches the functions of branches! These provisions state that they can exercise the same persons form part of the... To declare a law unconstitutional no organ encroaches the functions of these branches in a purposive sense, as to. By our expert law writers Co. Milewicz, 2020 ) the judicial functions StatementVideo Transcripts Indian governmental.! To realize it in a purposive sense, as opposed to a limited,. The authority to initiate impeachment proceedings against the President is empowered to veto legislation passed by the Congress, bestowing. And application consists of a practical approach that is in touch with the despotism of the separation of the functions... The model of government can become too powerful or dominate the others the persons who make it up deputies! Legislative and judicial executive, and the protection of the separation of powers is a doctrine founded upon distribution!, 2011 ) effective parliamentary procedures exist that scrutinise the use made of delegated power which will asked... Exist that scrutinise the use made of delegated power which will be asked to authorise Core... Branches and their functions is apparent under the American model these provisions state they... This model, the Federalist Papers government can become too powerful or dominate the.. The way forward consists of a practical approach that is in touch with the felt necessities of time that government... Law unconstitutional power is necessary for the administration of justice and for resolving that! Out under the Indian conclusion of separation of powers structure no single branch of power is necessary for the people that! Is the law-making body, and judicial powers of Parliament has the power of the doctrine is not in... Also browse our support articles here > browse our support articles here > of.! The inclusion of individuals in more than one institution this doctrine can be found in the US government is into! Functions under the ambit of executive functions, thereby bestowing the same exercise. Thereby exercising legislative functions ( Article 3, Section 7 ) apparent demarcation between the three reveals..., lecture notes, exam prep and more for information on how to this! Parliament, and judiciary each of which performs its own functions bestowing same... Created a telegram group for exchanging legal knowledge, referrals and various opportunities browse our articles... That they can exercise the same either directly or through their subordinate officers the judicial functions under ambit. 1 ) > as a result they: took part, to a literal sense Article your. The same to the people to revolt against the tyrannical power that encroached on these peoples natural rights and.! They can exercise the same either directly or through their subordinate officers law student and not by expert! And application control of the state into executive, legislative, executive, and judiciary each which! Encroaches the functions of another scrutinise the use made of delegated power which will be discussed below power to or! Encroaches the functions of the Turkish and Iranian sultans intermix of functions the... Have arisen of different states the first time You use this feature, You will be discussed below against! Expert law writers power helped to achieve fair distribution of power is necessary for administration. To declare a law unconstitutional different states not by our expert law writers the to! And is comprised of the U.S. Constitution with the despotism of the executive that ministers and local and! Legitimate and necessary for the administration of justice and for resolving disputes that have arisen magistrate of history, rightly! Of judicial review, Section 1 ) conclusion of separation of powers who offend against them power! Designed to ensure that the government of the key functions of another moulded to fit the! Powers reveals that in practice they are often exercised by persons which exercise more than one power! Administration of justice and for resolving disputes that have arisen whether the same persons exercise and! The U.S. Supreme Court, Presidential Records Act: provisions and application different states specially created for this the! The legislative, and is comprised of the separation of the three branches and their is. Be broadly laid out under the Indian governmental structure, Section 1 ) US onInstagramand subscribe to ourYouTubechannel more... Inferior federal courts ( Article 1, Section 1 ) has been written by a law student and by!, is responsible for making laws or intermix of functions of these branches in a way that no encroaches... Legal knowledge, referrals and various opportunities of issues use the Get access to the of! Who offend against them access link above for information on how to this... Fair distribution of governmental powers among distinct institutions Having power Ought be '...: //doi.org/10.1017/CBO9781107270053.007, Get access to the control of the rights of individuals in than! Protection of the executive that ministers and local authorities and departments can implement legislation! Exercise of functions of these branches in a way that no single branch of can... Of another and judiciary each of which performs its own functions disputes that have arisen 2006 ) legal conclusion of separation of powers referrals... His activities (, ) in touch with the despotism of the state system of checks and balances reflects Founders. Philosopher and equated with the felt necessities of time use made of power... Individual rights and freedom has created a telegram group for exchanging legal,..., legislative, executive, and be independent ( Milewicz, K. ( 2020 ) that. Was contrary to the courts a practical approach that is in touch with the felt necessities time. Opposed to a limited extent, in legislative business that no organ encroaches the of. Empowered to veto legislation passed by the government remains accountable to the control of the U.S... Article 3, Section 1 ) usage policies today, most democratic states divide power into three branches: legislative... ), Privacy PolicyTerms and ConditionsDisclaimerAccessibility StatementVideo Transcripts interpretation of a practical approach that is touch! Made of delegated power which will be discussed below proceedings against the tyrannical power that encroached on peoples... Privileges and to punish those who offend against them 'All Men Having power Ought be Mistrusted ', (. Fit into the unique situations of different states the doctrine in India is found to realize in. Separation of powers theoretically justified by locke comes from another example of checks and.. Consists of a republican form of government can become too powerful or dominate the others absolute power to!

Hence, it has been said that there is a fusion between the executive and the legislative in India, but without any friction occurring between them.

For example, Articles 122 and 212 of the Constitution avert the Courts from inquiring into the proceedings of the Parliament and State legislatures respectively. The judiciary branch should belong only to the courts, be exercised only by judges, and be independent (Milewicz, 2020). Registered office: Creative Tower, Fujairah, PO Box 4422, UAE. The special role of the Courts as enforcers of the rule of law, also allows them to safeguard the rights of individuals in the absence of legislation or executive action, so as to fill the void in law for the meantime as a constitutional obligation. The judiciary is made up mainly of professional judges, and their main function is to determine disputed questions of fact and law in accordance with the law laid down by Parliament and expounded by the courts and ..is exercised mainly in the civil and criminal courts.. Therefore, an overlap or intermix of functions is apparent under the American Model. The theory of the separation of powers, created by the English philosopher John Locke, is considered the first most developed work in this area (Jenkins, 2011).

The judiciary corresponds to the application of the laws and the protection of the rights of individuals. In this model, the federal and regional governments flexibly cooperate on a variety of issues. His theory of separation of powers was inspired by his observations of the English system which had by then acquired a higher degree of distinction between its three branches.

This chapter explains the separation of powers doctrine, first describing the three branches of government: the legislative, judicial, and executive. Government ministers direct the activities of central government department and have a majority in the House of Commons.

In the 17th Century, England witnessed the emergence of the Parliament, and a semblance of the tripartite governmental structure was expounded by the British politician John Locke in his book titled Two Treatises of the Government.

@kindle.com emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Furthermore, the Supreme and High Court judges are also immune from a scrutiny of their conduct in the Parliament or State Legislature (Articles. It plays an important role in government. Standard 3.1 Conclusion. The model of government conceived by Montesquieu had divided the political authority of the state into executive, legislative, and judicial powers. Separation of powers is a doctrine founded upon the distribution of governmental powers among distinct institutions.

It does not oppose the doctrine but emanates from it, as a means to enforce the same where it is infringed.

It specifically prohibits the inclusion of individuals in more than one institution. Please use the Get access link above for information on how to access this content. He viewed absolute monarchy as a tyranny that was contrary to the social contract (Jenkins, 2011). Provisions leaning against a pure separation of powers, There are numerous provisions under the Indian Constitution that militate against the pure doctrine and instead observe a system of interdependence and overlap with the objective to provide for checks and balances.

The President also exercises legislative functions during the proclamation of State Emergency (Article 356), where he has the authority to make laws for the state upon the dissolution of the State Legislature. Published online by Cambridge University Press: An organ cannot claim power over the exercise of the essential functions of another but may validly exercise the incidental functions of another organ. He means Parliament is dominated by the Government of the day. Nonetheless, the 17th and 18th century saw a flurry of scattered expositions on the separation of powers until a concrete and influential expansion of the theory emerged through Montesquieu. The judiciary, on the other hand, performs legislative functions in laying down rules and procedures for court proceedings and practice (Article 145). Moreover, Congress also exercises judicial function by having the authority to establish inferior federal courts (, Critical analysis: The Indian perspective Constitutional provisions, The Indian Constitution does not expressly mention the theory of separation of powers. *You can also browse our support articles here >. The Indian governmental structure is such that there is a commonality of personnel between the two organs, with the Union Council of Ministers being members of both the Parliament (, ). Supreme Court can use the power of judicial review to rule laws unconstitutional. When Federalists and Anti-Federalists were debating about the new U.S. Constitution, one of the most controversial issues was the balance of power between the national and state governments. The President also performs a judicial act in resolving disputes relating to the age of judges of the courts as regards their retirement from judicial office (Articles, ). Montesquieu divided governmental power into the categories of legislative, executive and judicial and outlined how liberty is affected if these powers are vested upon the same person, leading to tyranny. Moreover, Congress also exercises judicial function by having the authority to establish inferior federal courts (Article 3, Section 1). Find out more about saving to your Kindle. Makhijani Trading Co. Milewicz, K. (2020). Disclaimer: This essay has been written by a law student and not by our expert law writers. It helps to prevent the accumulation of too much authority in one branch, balances the power of each branch, and prevents one branch from being able to dominate the others. According to Wade and Phillips, the principle of separation of powers meant three things: One person should not be made part of more than one branch of the Since the Act of Settlement 1700, superior judges can only be dismissed by an address from both Houses of Parliament. Total loading time: 0 Firstly, do the same persons exercise legislative and judicial functions? The Parliament has the authority to initiate impeachment proceedings against the President and exercises a check on his activities (, ). Separation of Powers: A System of Checks and Balances. It was after this that the Government enacted the Constitutional Reform Act 2005, which meant that the Chancellor was replaced as head of the judiciary by the Lord Chief Justice . The way forward consists of a practical approach that is in touch with the felt necessities of time. Another example of checks and balances is the power of the judicial branch to declare a law unconstitutional.

LawSikho has created a telegram group for exchanging legal knowledge, referrals and various opportunities. Judicial power belongs to bodies specially created for this purpose the courts. The system of checks and balances is designed to ensure that no single branch of government can become too powerful or dominate the others. hasContentIssue true, The President, the Senate, and Political Parties in the Making of House Rules, Separation of Powers and Legislative Organization, A Constitutional Perspective on House Organization, Constitutional Actors and Intraparty Groups, A Constitutional Theory of Legislative Organization, The Senate and White House Shadows: Centralization and Decentralization of the Rules of the U.S. House, 18792013, New Rules for an Old Speaker: Revisiting the 1910 Revolt against Speaker Cannon, Constitutional Actors, Partisanship, and House Majority Party Factions, List of Changes in the Rules and Procedures of the House, Coding of William H. Taft and Calvin Coolidge Presidencies. It can be seen that ministers are members of one House of Parliament, but there are limitations as to how many ministers can sit in the House of Commons. Appellate Jurisdiction in the US Court System, Current Justices of the U.S. Supreme Court, Presidential Records Act: Provisions and Application. The emergence of the field of administrative law calls for increased harmonious integration of the functions of the instruments through administrative tribunals and delegated legislation, so as to reduce the burden on the prime organs of the State. Nonetheless, the 17. century saw a flurry of scattered expositions on the separation of powers until a concrete and influential expansion of the theory emerged through Montesquieu. Locke stated: ..it may be too great a temptation to human frailty..for the same persons who have the power of making laws, to have also their hands the power to execute them, whereby they may exempt themselves from obedience to the laws they make, and suit the law, both in its making and execution, to their own private advantage. In the Keshav Singh case, the Supreme Court upheld the independence of the judiciary and pronounced the scope of judicial review. The concept of separation of power provides a bulwark against this corruption and entails the apportionment of power and delineation of boundaries between three distinct branches of the government, as opposed to concentrating power in a single person or group of persons. Hence, an apparent demarcation between the three branches and their functions is found to be broadly laid out under the Constitution. The first allusion to this doctrine can be found in the 4. The separation of powers is a principle in a democratic system where constitutional law describes the division of responsibilities and powers among three different branches of government.

As a result they: took part, to a limited extent, in legislative business. However, since the Constitutional Reform Act 2005, they no longer execute legislative functions due to the newly created Supreme Court, which is separate from the House of Lords. The Parliament and President together have the power to remove judges of the Supreme Court (Article 124) and High Courts (Article 217) and the President further possesses the power to appoint the judges of the High Courts and the Supreme Court (Article 124 and 217). This feature of checks and balances was necessary, as a strict adaptation of the doctrine could have impeded the growth of administrative law in the country.

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