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Montesquieu's Separation Of Power

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Separation of power is a very important concept for proper democracy, in every state there are three branches such as Executive, legislature and Judiciary. Montesquieu who was a French but was very attractive to UK’s Separation of Power and he argued that there should be no overlap of personnel and all organs should be on equal and on same level. Montesquieu also argued that independence of judiciary is important to avoid tyranny. There are many professors who have talked about Separation of Power such as Lord Acton famous saying ‘power tends to corrupt and absolute power corrupts absolutely”.
Judicial deference which exists in UK, where there is entrenched constitution. Judicial deference, court has the authority to raise its voice but sometime …show more content…

Due to ECtHR now even Judges can pass declaration of incompatibility against any law of the parliament (which is supreme in UK) which is incompatible with European convention of Human rights such was done in the case of A vs Home Secretary where foreign nationals were detained by Uk, this was incompatibility as to article 14 (discriminatory).Although the case of A and others 2004 is also incompatible as to article 14 because it only focuses on Non nationals who reside in UK. Parliament have made changes in the law to make it compatible with convention rights by using section 10 such can be seen from Anderson 2002 and Ballinger’s (2000) case. By the help of ECtHR and HRA 1998, the courts issued Declaration of Incompatibility in the case of A and others 2004 that terrorism, crime and security act 2001 only put it focus on Non nationals who live in Uk which is incompatible with Article 14 of ECHR so later on Parliament changed the Part 4 of Anti terrorism, crime and security act 2001 with Prevention of terrorism act 2005 . This new act has put nationals and non nationals in same category when it comes to terrorism

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One of the ways that the United States guarded against cruel and oppressive government or rule was that they made the three branches of government. These three branches were the Executive Branch, the Legislative Branch, and the Judicial Branch. This helped guard against cruel and oppressive government or rule because “they were separate and distinct powers.” (Doc B) This would help to guard against cruel and oppressive government or rule because all of these powers were separated so there wasn’t one overpowering government.

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With the separation of powers, all three branches have a lot of power together, but split apart they can’t gain too much

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Separation of power is exactly what connotes, power is divided among different offices. In Document B James Madison states, “liberty requires that the three great departments of power should be separate and distinct” (Doc B). He wanted each branch of government to be different because if they did the same thing tyranny would develop. The first three articles in the constitution broadly explains what each branch’s responsibility is. The legislative branch makes laws, the executive branch enforces laws, and the judicial branch interprets laws.

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The government consists of the Legislative Branch, the Executive Branch, and the Judicial branch. These three powers guard against tyranny because the building of laws is represented to be more equal. James Madison, father of the Constitution and author of the Federalist Paper #51, wrote, "…. (L)iberty requires that the three great departments of power should be separate and distinct” (Doc B). The three groups should not be associating to have more power because it is authoritarianism.

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When the colonists were still with Great Britain, King George III misused his power. As a result, colonists wrote the Declaration of Independence on July 4, 1776, to the king, to state their separation from Great Britain, to form a new country, the United States of America. After creating a new country, Americans wrote the Articles of Confederation in the year 1777, which they purposely weakened central government, so the abuse of power, wouldn’t exist. This meant the states had all the power. Although this structure of government seemed great, the creators of the Articles quickly realized that with no central government, states weren’t united because they were busy on increasing the growth of only their state.

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Separation of Powers is the division of powers into three branches. In Document B it explains that the legislative branch makes laws, the executive branch enforces laws, and the judicial branch passes them. This evidence explains how the Constitution guards against tyranny because it separates the powers of the government and it makes sure that no branch has more power than the other.

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The reason behind a divide of political power is to prevent any forms of Tyranny that could, in the eyes of the early American people, mimic George III. Which would lead to a control of administration and the military/police forces, and would imprison those who would stand in their way, this would lead to oppression and death, as was demonstrated in the Revolutionary War. The best way to prevent such a centralized government in the United States so that it would not repeat such a cycle would be to divide the state’s power up into three parts. Each would remain separate in order to keep a balance, each focusing on an aspect of government in order to keep the government from collapsing on itself. While each has a job to perform there is still the threat of having one of the three branches that could over throw the other two, the Constitution creates a series of “Checks and Balances” that are issued for each branch in the off chance there is a power struggle between them.

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Separation of powers helps guarantees that all government power doesn’t

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Therefore, power has been justly distributed between each division of government. Checks and balances are yet another form of separation of powers in the government. As the Constitution was initially written, there were checks and balances preventing any one branch of becoming too powerful. Since we still follow the same Constitution (with a few amendments) those checks and balances are still used.

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The Judicial branch composes of the court judges whether actions violate laws and where laws violate constitution" This shows that the separation of powers allows for the branches to constantly check each other and to ensure a fair and equal government. In conclusion, the separation of powers helps control the government and prevent them from breaking the rules of the constitution and how they should govern. The Separation of powers allows for each of the branches of the government to check each other and ensure they all follow the rules and laws set by the constitution. Separation of powers is a key factor in our government

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The use of ECHR or European Convention on Human Rights in British courts before it was being incorporated into United Kingdom law is an example. UK and any other country which relies to the power of legislation, should always if possible do not conflicts with the international law. Therefore the supremacy of both laws depends on the acceptance if the municipal courts to the international law

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Separation of powers refers to the idea that the major body of a state should be functioned independently and that no individual of a state should have power separately. Therefore, separation of powers means that splitting up of responsibilities into different divisions to limit any one branch from expurgating the functions of another. The intention of the doctrine is to prevent the application of powers and provide for checks and balances of governing a state. It is a doctrine of constitutional law under which the three branches of government, executive power, legislative power, and judicial power are been kept separately to prevent abuse of power.

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