Importance of the Separation of Powers in Government Essay

Importance of the Separation of Powers in Government Essay

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The principle of the separation of powers is the ‘division of state and federal government into three independent branches’ . This divides the governmental power between the three divisions of the constitution, ensuring the state power is equal and is not violated by an individual branch. In concurrence with the principle of constitutionalism, separation of powers also ‘limits the power of the state’ . The separation of powers also specifies that the legislative, executive and judicial functions of the government should all be separate. ‘In a nation which has political liberty as the direct object of its constitution no one person or body of persons ought to be allowed to control the legislative, executive and judicial powers, or any two of them’ . This again is to ensure that state power is not violated by two branches combining and overriding the power the government has.
The enactment of general laws is controlled by the legislative branch however their work does not just involve legislature. The execution and implementation of the law is controlled by the executive branch, they carry out the functions, powers and duties involved with general legislature. This branch has been described as ‘functions of the state that occur once legislative and judicial functions have been outlined’ . The settling of disputes arising from the law is controlled by the judicial branch. This branch puts the law into action and involves statues and common law. It involves interpreting and applying law to a specific previous case. As Lord Templeman stated in M V Home ‘Parliament makes the law, the executive carry the law into effect and the judiciary enforce the law’ . The relationship described between the branches is one of ‘checks and balances’.

... middle of paper ... and the judiciary branch is the courts interpreting the laws. The US also follows a pure separation of powers whereby each branch is constitutionally isolated from one another. This separation can be shown through the powers each branch has. For example, the Congress is elected separately to the president and the president cannot be removed from congress. The executive can recommend legislation but cannot ensure that it is enacted by the legislative. In addition the judiciary is chosen through nomination by the executive but this can be overruled by the legislative. This system of independent branches and checks and balances shows that the US follows separation of powers as defined by Montesquie. This ensures powers within a democracy are not abuse, safeguards freedom for all and also means each branch can check the other therefore the system cannot be destroyed.

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