Creativewriting:the meaning of separation of power and the organ of separation of power
INTRODUCTION
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Today I will like to share on a very nice and well-known topic which is titled by me separation of power and the organ of separation of power
SEPARATION Of POWER
Separation of power may be defined by me as the division of governmental political powers that exists in any given state into three organs of government.what this principles is saying is that all the governmental powers should not be restal on one person or organ of government
DEVELOPMENT AND ORGAN OF SEPARATION Of POWERS
It was a French political thinker and Judas. BARON DE MONTESQUIEU who developed and populerisl the principle of separation of powers in his book entitled. Espial Des Lois which means the split of laws public shed in 1748 political scientists like Lock's, Jefferson, plate, Aristotle, bodin Rousseau has earlier expressal their views on the principal of separation of powers
Mostesquin argued, that if rights of the citizens are to be maintenance and guarantee,then the three organs of government must be separated and entrusted to different people to administer that will be chas violence, dictatorship, tyranny and eppression if there is no separation of powers.
SEPARATION OF POWER IN PRESIDENTIAL SYSTEM OF GOVERNMENT
- There is no person between executive and the legislature in the presidential system of government. The organs are separated both in functions and members
- Ministers do not belong to both organs. Any legislator appointed a minister must re-sign as a member of the legislature in which he was elected
- The legislature and judiciary are not controlled by the executive
- The president is elected not appointed from the parliament and therefore not controlled by the parliament
- Chief Justice who is this lead of judiciary is not a member of the other two organs of government
- The legislature cannot dismiss the entire cabinet but can remove the president through impeachment an account of abuse of constructional powers
- The upper chamber does not act as the highest count of appeal
- Not all bill initiated by the executive are passed in the parliament as it happens in the cabinet system
- The act of judicial review is more valuable in the parliament system of government
- The executive is not collectively responsible to the parliament for its actions
SEPARATION OF POWERS IN PATLIA MENTARY SYSTEM OF GOVERNMENT
- There is fusion rather than separation of powers between or executive and the parliamentary system
- Ministers in the system belong to both the exercise and legislature organs of government
- The executive organ of government tends to have full control of the legislature organ and even the judiciary
- The executive is collectively responsible to the parliament 45 actions
- In Brittan, one chamber of legislature court of appeals
- There is no dear separation of powers
- The executive appoint, the head of judiciary who does not really check the activities of those that appointed limit
REASON AND MERITS OF SEPARATION OF POWERS
- Separation of powers guarantees and maintain the right, liberty and freedom of the citizens
- Powers are separated among the organs of government in order to avoid chase, violence, dictatorship, tyranny and eppression in a country
- Separation of powers leads to division of labor and specialization in the art of government
- It also enhances checks and balances in governmental activities
- It prevents exercise and recklessness on the part of organs of government
- The principle ensures stable political system in a country
- The rule of law is one of the ingredients of democracy is guaranteed it powers are separated among the three organs of government
- Separation of powers maintains law and order which ensures rapid progress and economic and political development
DISADVANTAGES AND CRITICISM OF SEPARATION OF POWER
- If is argued that separation of powers into three organs of government tends to lower the quality of division and politics made by three organs
- Strict application of the principles of separation of powers show down the smooth running of government
- Separation of powers without interference from other organs may make these organs to be inefficient
- The application of the principle of check's and balances can lead to unhealthy rivalry among the organs of government
- The institution of check's and balances that apply with the separation powers can lead to political lnstability in a country.
CHECK'S AND BALANCE
Check and balances may be defined as the act by which an organs of government is used to check mate the activities of the other organs. These constitutional act of checks and balances have to check about office, constitutional violates and make use of powers by different organs government. The dictorine of checks and balances does not advocate fusion of the three organs of government in the performance of their constitutional functions.
Checks and balances is applicable in both parliamentary and presidential system.
For instance the executive can vote the legislature, bills,it can also discuss parliament,as well as make judicial appointment and promotions
HOW THE PRINCIPLES OF CHECK'S AND BALANCES VIOLATES THE THEORY OF SEPARATION OF POWERS
- The application of the principles of checks and balances render the theory of separations of principle of impeachment of the President granted to the legislature makes the executive arm of government dependent and subordinate to the legislature
- The power to vote act's of parliament's granted to the President makes the parliament's granted to the President makes the President to be part of the law making body.
- The undemocratic act of allowing the unelected members of the judiciary to dechere executive actions and laws made by the legislature at unconditional make mockery of the theory of separation of powers and Independence of three organs
- The president who is the commander in chief of the armel prices and who can be incapacitated by the repusal of 2/3 majority required by the president
- By the power of approving the executive nominees and budgets given to the legislators therefore, participate in the executive functions thereby rendering theory of separation of power undermouate
- It also violates it through appointment of federal judges by the president or approved by the legislature
*Through perogative of Mercy the president interpers with the functions of the judiciary is determental to the theory of separation of powers
conclusion
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I share a topic titled by me which is the meaning of separation of powers and the organ of separation of power.
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