Essay about The Separation of Power and Its Significance for the Political System

Essay about The Separation of Power and Its Significance for the Political System

Length: 590 words (1.7 double-spaced pages)

Rating: Better Essays

Open Document

Essay Preview

The Separation of Power and Its Significance for the Political System


The principle behind the separation of power is to limit the powers of
government by separating governmental functions into the executive,
legislative and judiciary. The concept has its fullest practical
expression in the US constitution. James Madison, who was later to
become the fourth US President said:

“The accumulation of all powers, legislative, executive and judiciary,
in the same hands, whether of one, a few, or many, and whether
hereditary, self-appointed, or elective, may justly be pronounced the
very definition of tyranny”.

In Madison’s vision, the federal government and state governments, as
well as the legislature, executive and judiciary would be clearly
divided and each would be given a clear motive to check each other.
There are two ways in which power can be separated; horizontally and
vertically. The horizontal separation of powers is where power is
divided between different institutions (the Supreme Court, the Senate
and the White House). The vertical separation of powers is where power
is divided between the central government and the national government.

Political constitutions are incomplete contracts and therefore leave
scope for abuse of power. In democracies, elections are the primary
mechanism for disciplining public officials, but they are not
sufficient. Separation of powers between executive and legislative
bodies also helps to prevent the abuse of power, but only with
appropriate checks and balances. Checks and balances work by creating
a conflict of interests between the executive and the legislature, yet
requiring both bod...


... middle of paper ...


...
Howard) decision to impose a 15 year tariff on the two boys who killed
two year old James Bulger – Jack Straws intervention was heavily
criticised by the Lord Chief Justice Woolf. The Lord Chancellor
indicated that the Government might occasionally refuse to follow
judges’ rules on cases under the Act – a statement used as evidence
that Mr. Straw might refuse to give us his sentencing power in cases
such as that of Myra Hindley (Straw stated that life should mean life
for Hindley whereas the Lord Chief Justice said that her case had not
been dealt with correctly).

However, UK courts are not directly bound by the judgements of the
European Court of Human Rights. Domestic Courts are only required to
take into account decisions of the European Court of Human rights –
they are NOT bound by the decisions of the ECHR.

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

The Republic Of Turkey 's Present Political Machine And Relations Within The Middle East

- The complex and deeply rooted beginnings provide the foundation for Turkey’s present political machine and relations within the Middle East. The Republic of Turkey established in 1923 contains the essential aspects of democracy. Modeled with a separation of powers ideology, features a Constitution with three branches of government. The unicameral legislative body termed the Grand National Assembly, the executive with a President and Prime Minister, and the judiciary that is independent to that of the other branches....   [tags: Separation of powers, Parliamentary system]

Better Essays
1319 words (3.8 pages)

Assess the Significance of the League Nations Essay

- The league of Nations was an entity that had never existed before. It was an intergovernmental organization founded in the fallout of the first World War at the Paris Peace Conference to prevent another war. Northedge states, ‘The formation of an international agency to prevent future wars was enrolled among the war policies of all major states in the conflict.’[ NORTHEDGE, F, S. (1986) The League of Nations its life and times 1920-1946, New York: Holmes and Meier Publishers, Page 2] It was the first global system whose primary goal was to maintain world peace and stems from the ideas of Woodrow Wilson's fourteen points....   [tags: intergovernmental organization, justice]

Better Essays
1833 words (5.2 pages)

Essay about The Separation of Powers Doctrine

- The Separation of Powers Doctrine The Separation of Powers Doctrine can be traced as far back as ancient Greece and essentially the meaning attributed to it is the dividing functions of government between groups with different interests, so that no power in the centre can act without the cooperation of others. However there are many interpretations of the doctrine, one being that of Aristotle, who favoured the division of power according to class interests of the monarchy, aristocracy and democracy....   [tags: Papers]

Better Essays
1029 words (2.9 pages)

The Political Systems Of Western European Countries Essay

- Question 4: In a region as relatively prosperous as Western Europe, it can be difficult to deem one nation more successful than another. Collectively, Western Europe probably enjoys a higher level of well-being than any other region. However, upon closely examining the details of the political systems of Western European countries, it is evident that are benefits and drawbacks to every system. First off is Great Britain, an isolated nation known for developing a distinct system of government separate from that of the rest of continental Europe....   [tags: United Kingdom, Europe, Bill Clinton]

Better Essays
755 words (2.2 pages)

The First Ammendment and Dealing with the Separation of Church and State

- The First Ammendment and Dealing with the Separation of Church and State Is it unconstitutional for local, state or federal governments to favor one religion over another. Government can show favoritism toward religion by displaying religious symbols in public places at taxpayer expense, by sponsoring events like Christmas concerts, caroling, by supporting the teaching of religious ideas, or even by supporting the teaching of creationism in public schools. It appears the United States government has had a history of favoring Christianity....   [tags: Papers]

Better Essays
1739 words (5 pages)

The Sporting Mega Events Of The World Cup And The Commonwealth Games Essay

- Methodology The sporting mega events we chose to study for our analysis were the Summer and Winter Olympics, the World Cup and the Commonwealth Games. These three events are the largest mega events in the world, and are excellent representations of sporting mega events as a whole. We wanted to go as far back as our data sets allowed us to go, which was the 1996 Summer Olympics in Atlanta, so we made that our starting point. Our goal was to look at all of the bids made for the mega events, and look at a selection of variables’ influence on their chances of a winning bid....   [tags: Statistics, Statistical significance]

Better Essays
2367 words (6.8 pages)

The Constitution of the United States Essay

- If someone asked you what document most significantly affected America, what would your response be. In early 1787, Daniel Shay led a rebellion in Massachusetts in which the response time to put it down caused a meeting for the complete re-evaluation of the efficiency of the Articles of Confederation. The final result of that meeting was not an amendment of the Articles, but an entirely new draft called the Constitution of the United States. Since then, this document has not only been referred to as the “supreme law”, but as the cornerstone and foundation of the United States government....   [tags: Significance, Amendments, Sections]

Better Essays
859 words (2.5 pages)

Two Key Political Systems : A Presidential System Essay

- There are two key political systems; one is a presidential system, and the other is a parliamentary system. Both of them have their benefits, as well as disadvantages. No political system is flawless or has continuous stability, but history shows there are successful countries that use either type of system. Firstly, there is the presidential system, which has many characteristics. In a presidential system, there is a president, who is elected to a fixed term. The president cannot be elected for more than two consecutive terms....   [tags: Presidential system, Separation of powers]

Better Essays
801 words (2.3 pages)

The Separation Of Powers, By Montesquieu, A French Social And Political Philosopher

- The term separation of powers was brought about by Montesquieu, a French social and political philosopher, in the 18th century and inspired the Constitution of the United States. Montesquieu believed that to effectively promote liberty, the three powers (legislative, executive and judicial) must be separate and acting independently. Even though the federal constitution makes no specific reference to the concept of separation of powers, it actually does indirectly. We have the brain, heart, and last but not least we have blood....   [tags: Separation of powers, Judiciary, United States]

Better Essays
1143 words (3.3 pages)

Essay on Declaration Of Independence

- It was the 4th of July in 1776 when delegates from all thirteen colonies assembled at Independence Hall in Philadelphia, Pennsylvania. Not knowing the full significance of what was about to take place that day,the delegates would do something that would forever change the course of the American people. Throughout history, only a few documents have changed the way we as a nation view politics and carry out our everyday lives. The document mentioned above was the Declaration of Independence. It changed the course of history because it granted America its freedom from Great Britain....   [tags: Political Science]

Better Essays
1583 words (4.5 pages)