Separation Of Powers | Lawyers

Concept of Seperation of powers

There are three main categories of governmental organs. Legislature, executive, judiciary. According to the theory of separation of powers, these 3 organs of the government must be in a free democracy, always be kept separate and be exercised by separated organs of the government.One branch is not permitted to encroach on the domain or exercise the powers of another branch.Separation of power into different hands of political person is an effective check on their power.In ancient time in the period of Aristotle (381 – 322BC) he distributed into three organs. Judiciary          executive

                                Legislature.

Organ of state

Rational of Seperation of powers

Every power tends to corrupt and absolute power tends to corrupt absolutely. The French thinker of 18^th century was the first writer who expounded this division of 3 organs of the state as separation of power.

The separation of power is not expressly written in American constitution but it can be easily inferred from the way it is drafted.

"All the legislative power shall be vested in the hands of congress." All the executive power shall be given in the hand of president. All the judicial power shall be given in the hand of one supreme court and other lower courts of the country. Separation of power Executive       legislation    judiciary.

checks and balances

Effect of Seperation of powers

To enforce the laws    to make the laws      to interpret the laws

Veto power of president. Message by president to congres. All the departmental offices are appointed with consent of congress. President can appoint judges and grant pardon.Separation of powers creates two new systems.Presidential system of government  Judicial revieve Complex system has made the structure more complicated. It has created frustration among the three organs of government. Judiciary is the important organ of the state to interept the laws. The court decides the cases. 

Due to separation of power the element of loose co ordination is present in it. It has created mutual rivalaries among the all three branches of government.The doctrine profoundly influenced the framing of constitution. A fundamental constitutional principle Separation of powers is view wholly discarded in us constitution.