Summary
Summary Separation of powers
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In depth notes of chapter 3 legal studies
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seperation of peresConcept of separation of
>
-
Powers
>
-
for the preservation of the political liberty of the individuals and
democracy·
>
-
powers of divided between its in accordance with
government are
organs
the nature of powers to be enercised
.
↳ Those are :
organs
I
legislature
S
Exact Doctrine
i
power of
>
-
laws . e . the of
Separation
Interpret . power of Judiciary
>
laws i e
. the of powers
>
-
Executive .
i
Enforce laws .e
. power of the
>
-
Each is independent.
organ
(important points on separation of powers)
1. The same persons should not form part of more than one of the three organs of
the government.
.
2 One of government should not control or interfere with the exercise of it's
organ
function by another .
organ
.
3 One
organ of government should not enercise the functions of another .
>
-
Basic features of doctrine of separation of powers
>
- division of is and
powers necessary blu the legislative , the enecutive
the Judiciary.
>
- Different departments must exercise the three powers of the
government with
their respective personnel.
>
-
when the legislative and enecutive are united ,
there cannot be
unity.
↳ can lead to monarche and
may
tyrannical
S Tyranical
S
enact laws and execute laws
them in a tyrannical .
manner
>
- laws that unfair
- Judicial powers +
legislative powers . to the citizens .
↳
-
Arbitrary control
>
- unfair
↳ Judicial + executive
power power
-
might in
3
Judge behave a
violent and oppressive .
manner
Prosecutor =
Judge
i. e
. same power
>
-
If powers are rested in one or exercised without separation
organ , ,
would not be effective
governance .
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