Separation of Power – all you need to know:
Separation of Power – all you need to know
The various arm of the government is meant to be handled and controlled by distinct body or person. This notion has culminated in what is known as the Separation of power. The separation of powers is a constitutional principle that entails that the three major arms or institutions of the government should be managed and handled by different persons. We have three distinct arms of the government, to wit: The Legislative, the executive, and the Judiciary. The general thought of the separation of power is that these arms of government should not be fused and controlled by the same people. The essence of separation of power is that it allows for easy administration.
it also provides for equality in government as the different arms of the government shall be permitted to check and balance the works of other arms of government. separation of power only creates the purview where the public can wail the activities of the government and know which arm of the government is not active or is misusing its power.
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It’s part of the principle of separation of power that the Legislative is a law-making body, the Executive puts the law into operation and Judiciary interprets the law and settles disputes.
The principle of separation of power was originated and introduced by Baron D’ Montesquieu, a French writer/philosopher who solidly believes that if all three powers were held by the same person, then there would be a dictatorship and arbitrary rule would prevail. He then encourages that the power of the government should be speedily separated among the arms of the government and the different arms of the government should be controlled and managed by different persons.
Many other Greek philosophers were in support of the argument for separation and their good words stated that powers should not be allowed to rest in a single person as that may lead to dictatorship. in the good words of John Locke, he mentioned that the three organs of the state must not get into one hand as it may be too great a temptation to human frailty. Aristotle thinks that if the three organs of a state are well arranged, then the constitution is bound to be well arranged.
The term separation of powers can be defined in the strict sense and the liberal sense. In the strict sense, separation of powers means that there should be a clear distinction of functions between the three organs of the state and there should also be a check and balance between the three organs. There should not be any overlaps in functions, personnel, and powers. In the liberal sense, separation of powers means there could be overlaps in functions and personnel between the three organs but there should also be checks and balances between the three organs.
Separation of power between the three arms of government
The power to smoothly run the affairs of the government is meant to be shared among the three arms of government, to wit: the Legislative, the judiciary, and the executive.
The Legislative:
The Legislative is the arm of the government that is saddled with the clear responsibility of enacting, modifying, and abolishing laws. They are the body that has the constitutional power to enact laws that will govern the affairs of the state. This arm is usually handled by the parliament. They make laws to meet the societal development of the state. The members of the Legislative arm of government usually emanate from different strata of the state. They are elected by the citizens to represent their interests in the parliament.
The members of the legislation can be recalled by the people that elected them. They maintain that the power of making laws will also help to check the power of the other arms of the government to see that there is no misuse or abuse of power by either the executive or the judiciary. They can also permit other arms to enact temporary or interim legislation in the form of delegated legislation.
The Executive
The executive is the arm of government saddled with the clear duty of executing and enforcing the laws. they are meant to enforce the laws enacted by the legislatures. The executive arm of government includes the president, governor, and Local government chairman.
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The executive help to see that the laws are not pushed to abeyance. They put the law in motion. The executive also sees that other arms of government do not abuse their power. The president or Governor has the power to remove a head of the court that is having an unsound mind.
The Judiciary
The Judiciary is the arm of the government saddled with the responsibility of interpreting the law. They adjudicate cases between the parties. they are the arm of the government that interprets the various provisions of the laws. They also have the power to make laws (Judges Rule).
The judiciary comprises the Justices, judges, Magistrates, president of customary courts, and other officials of the court.
What is an example of separation of power?
An example of separation in the United State is that Congress has the power to create laws, the President has the power to veto them, and the Supreme Court may declare laws unconstitutional.
An Example of separation of power in Nigeria is that the Legislatures have the power to enact laws, the president has the power to assent it to law, and the supreme court may also declare it unlawful.
The importance of checks and balances between the different arms of government
The theory of checks and balances provides that the different arms of government should have a take on the functions and duties of the other arms of government. It helps to see that non of the arms government misuses their constitutional powers. As James Madison wrote in Federalist Number 51 (1788), “the power surrendered by the people is first divided between two distinct governments [the Federal government and the governments of the several states], and then the portion allotted to each subdivided among distinct and separate departments [the executive, the legislative, and the judicial].”
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