The Separation Of Powers Doctrine - 1516 Words

Introduction Law is a system of rules that are enforced through social institutions to govern behavior. (Robertson, Crimes against humanity, 90).Laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or by judges through binding precedent, normally in common jurisdictions. The doctrine of separation of powers The doctrine of the separation of powers is an important principle in Constitutional law. The separation of the legislature is the power to make laws; the executive is the power to administer the laws; and the judiciary is the power to interpret and enforce laws that is constructed through the Commonwealth of Australia. (https://www.murdoch.edu.au/School-of-Law/_document/WA-jurist-documents/WAJ_Vol3_2012_Greenfeld---The-Asymmetry-of-the-Separation-of-Powers.pdf)downloaded on 22/03/2016) Constitution Act (‘the Constitution’).1 The separation of powers doctrine states that each arm of the government should be separate from each other and not exercise the powers or functions of the others.2 Though the Australian government does not strictly comply in the separation of powers because theShow MoreRelatedThe Doctrine Of The Separation Of Power1610 Words   |  7 PagesPlan In this essay I will be explaining how the doctrine of the separation of powers has been compromised to a less extent in the nation like Australia. The first section will constitute in exploring the history and the significance of the separation of the power doctrine. In the second section I will discuss about the compromise of the doctrine, especially between the administrator and the legislature with some good cases held in high court. Besides, some clarification will be provided to explainRead MoreThe Doctrine Of Separation Of Power966 Words   |  4 Pagesthe doctrine of separation of power is a vital element of modern, democratic systems of government. At the same time, it will show the basic points of working process in Australian legal system. Callie Harvey declared that only under the condition that separation of power can be maintained between parts of government, the democratic civilisation can be justly ruled. In fact, the legal system in Australia is divided into three branches, which are based on the doctrine of separation of power, withRead MoreDoctrine of Separation of Powers3203 Words   |  13 Pages1st Internal Assignment Administrative Law The Doctrine of Separation of Power Clive D’souza 13010124119 Division B III Year Introduction: The Government of any country will be the agency or machinery through which the will of the people is realised, expressed and formulated. But for the will of the people to be so expressed, realised and formulated, there needs to be a well organized system which works together, jointly as well as separately for ultimate achievement of the goalRead MoreThe Doctrine Of Separation Of Powers2028 Words   |  9 PagesExplain and critically analyse the doctrine of separation of powers as it applies to the UK constitution. In this essay I will be discussing the doctrine of separation of powers within UK law and to what degree they are functioning within todays government. I intend to analyse the importance and problems which are inherent within the application of the doctrine to the constitution- such as distinguishing between the branches of the doctrine, the issues presented by a constitutional lack of codificationRead MoreThe Separation of Powers Doctrine Essay1040 Words   |  5 PagesThe Separation of Powers Doctrine The Separation of Powers Doctrine can be traced as far back as ancient Greece and essentially the meaning attributed to it is the dividing functions of government between groups with different interests, so that no power in the centre can act without the cooperation of others. However there are many interpretations of the doctrine, one being that of Aristotle, who favoured the division of power according to class interests of theRead MoreThe Importance Of The Doctrine Of The Separation Of Powers Essay1836 Words   |  8 Pagesexamine and explain the importance of the doctrine of the separation of powers in the UK, and to also discuss the arguments concerning the necessity and the purpose of it. The separation of powers is a constitutional principle which limits the powers vested in any person or institution. This means that the power is divided amongst three essential institutions; the executive, the legislature and the judiciary. Each of these bodies should exercise their powers separately and any member of a branch shouldRead MoreDoctrine of the Separation of Powers Essay examples999 Words   |  4 PagesDoctrine of the Separation of Powers Although of great antiquity the modern basis for the doctrine of the separation of powers can be traced back to the writings of commentators such as John Locke, who in one of his books written in 1690 observed that the three organs of government must not get in one hand. The doctrine was further examined by the French jurist Montesquieu who based his exposition on the British constitution of the early 18th Century. In simple termsRead MoreMontesquieu s Doctrine Of The Separation Of Powers Essay2088 Words   |  9 Pages a) Explain Montesquieu’s doctrine of the Separation of Powers. b) Identify and discuss the structure and functions of the individual branches of government under the parliamentary system in Trinidad and Tobago that, when combined, is referred to as a fusion of power. c) Explain the structure and functions of the Judicial arm of government under the parliamentary system in Trinidad and Tobago and discuss why it is critical to maintain its independence from the other branches of government. Read MoreThe Importance of the Doctrine of Separation Powers to Botswanas Public Administration2215 Words   |  9 PagesIMPORTANCE OF THE DOCTRINE OF SEPARATION OF POWERS TO BOTSWANA’S PUBLIC ADMINISTRATION PRACTICES INTRODUCTION All around the world there is need to achieve and maintain peace in the governing of the state. So in order to reinforce this there is the practice of the doctrine of separation of powers in different nations. So this essay is set out to explain in detail the history of the doctrine from where it all started and how it came to be practiced in Botswana. Of course the separation of powers ensures theRead MoreCritically Evaluate the Extent the Doctrine of the Separation of Powers Underpin the Basic Law.1488 Words   |  6 PagesCritically evaluate the extent the doctrine of the separation of powers underpin the Basic Law. ---------------------------------------------------------------------------------------------------- INTRODUCTION According to Wesley Smith, â€Å"The doctrine of separation of powers is a general technique for limiting the ability of government officials to wield excessive powers to the detriment of citizens’ rights. The three types of power (the legislative, executive and judicial) should be distributed