Essay Example on Power tends to corrupt and absolute Power

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Power tends to corrupt and absolute power corrupts absolutely John Acton THE DOCTRINE OF SEPARATION OF POWERS The separation of powers also known as trias politica was coined by Charles Louis de Secondat The Doctrine of Separation of Power is the indication to all the constitutions of the world which came into existence since the days of the Magna Carta To analyze the separation of powers doctrine the theory aspect will be managed and a far reaching comprehension of the teaching as utilized as a part of our nation under our parliamentary arrangement of administration will be made There should not concentration of powers in the hands of any particular institution or agency of the Government The Legislature should be concerned with the making law but not in its implementation administering it The Administration Executive should not control the legislature nor should it over take the justice system because doing so it might lead to arbitrary and capricious justice The Judiciary should be independent of Executive and Legislation The Doctrine says that in a free democracy these three functions are separated and exercised by three separate organs of the Government Each organ while carrying out its activities tends to interfere in the range of working of another functionary because a strict differentiation of functions is not possible in their relations with the general public Thus even when acting in range of their own power overlapping functions tend to appear amongst these organs


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That is why today all the systems might not be opting for the strict separation of powers because that is undesirable and unrealistic but consequences of this concept can be seen in almost all the countries in its diluted In theory separation of powers doctrine aims at separating power and distributing it such that oppression by the government may be prevented altogether as equivalent power which acts in three separate organs which act as a check and balance for each other Thus handing over a different function to each organ and creating selective functions for them helps grouping of powers and makes this doctrine a success In fact this doctrine has been adopted around the world in many constitutions and in our degree to an extent as well It is an exceptional way of protecting human liberty freedom and creating a system of procedure of governance which is responsible reasonable and dependable The doctrine of separation of powers has become an essential part of the governmental structure But the practical application of the doctrine differs to a great extent In theory the doctrine of separation of powers is supposed to have a threefold classification of functions and parallel organs But because of the diverse and complex nature of a modern state where the process of law making administration and settlement cannot be clearly defined to separate institutions the application of this doctrine in strict sense is very difficult It the government's role to protect individual rights but governments have generally been the real violators of these rights

Thus various measures have been determined to lessen this probability The concept of Separation of Powers is one such concept The basic assumption behind this is that when a single person or group has a large amount of power they can become dangerous to citizens The Separation of power is a way of removing the amount of power in any group s hands making it more difficult to abuse Being adjustable in nature the doctrine can be understood as being evidently committed to the achievement of political freedom or liberty an essential part of which is the restriction on governmental power and that this can best be achieved by setting up divisions within the government to prevent the centralization of such power in the hands of a single body of men Characteristically the doctrine is normative in nature suggesting certain governmental arrangements which should be created or in order to achieve certain desirable ends

A major problem in an approach to the literature on the doctrine of the separation of powers is that a few writers define exactly what they mean by it what its vital views are and how it relates to the other ideas For this reason generally one can find much confusion and confusion in discussions relating to its origin as the exact nature of the claims being made for one thinker or the other are not measured against any clear definition It is essential for the formation and maintenance of political liberty that the government be divided into three branches or departments the legislature the executive and the judiciary To each of these branches there is an equivalent identifiable function of government legislative executive or judicial Each branch of the government must be restricted to the exercise of its own function and not allowed to infringe upon the functions of the other branches Moreover the people who make these three agencies of government must be kept separate and distinct where no individual should be allowed to be at the same time a member of more than one branch In this way each of the branches will be a check to the others and no single group of people will be able to control the mechanism of the State


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