ipl-logo

Hannah Arendt Separation Of Power

1292 Words6 Pages

In order to clearly understand what Hannah Arendt wants to convey the interrelation between power and law, it is important to clarify what the separation of powers are. “Separation of powers” is regarded as a model to govern the state and it is the vital sphere of government. In addition, separation of powers can be referred as the main institutions of state which has functioned autonomously and no one or any institutions are able to have power over these institutions. According to the doctrine of Separation of powers, it can be divided into three branches – the executive, the legislature, and the judiciary- where each branch has separable and independent powers from each other , therefore, one of the power of these three branches cannot …show more content…

To understand what the principle of “power arrest power” is, we need to identify what the duties, and responsibilities of each branch in separation of power is. Firstly, legislative authority is considered as the power to amend, make, pass and repeal the law. Secondly, executive authority is the power to enforce the law. Thirdly, judicial authority is the power where if there is a dispute , it is judiciary who has responsibility to determine which law should be applied in order to solve the dispute. It can be seen that each branch has different role , thereby, it means that if legislative authority has responsibility to enact the law, it does not have a duty for judicial decision or execution. This also apply to executive authority where it shall not be charged to enact the law and judges the dispute and also apply to judicial authority where it is not supposed to enact or administer the law. In my opinion, “power arrest power” means that only power which can be a tool to balance another power. In other words, it allow one branch to limit another as in Hannah’s work said that “Power can be stopped and still kept intact only by power”. For example(case of legislature and judiciary) is that judges in UK cannot stand …show more content…

In other words, law is subset of power where law is always governed by power. The power in this case means separation of power which is an significant tool for any state where theses three powers must be balance so that there will be no concentration of one authority then violence cannot be occurred. In additions, the constitution also serves how state organization is structured where it includes separation of power to balance the powers. Therefore, the constitutional law is a tool to show that separation of powers is important for the state as constitutional law is the highest law of the

Open Document