Discuss the constitutional concept of separation of powers and ways in which it can be applied in your country

Constitutional concept of separation of powers and ways in which it can be applied in your country

  • Under the doctrine of separation of powers, reference is usually made in relation to groups or bodies with administrative powers or authority.
  • These bodies are the executive, the legislature, and the judiciary.
  • They must be separated in order to ensure proper and easy functioning of the state duties.
  • These organs are supposed to be clearly defined and their powers as well as duties outlined in a manner that is not vague or ambiguous.
  • These bodies should be autonomous and must operate independently without any element of interference unless the situation calls for it.
  • The legislature should not exercise judicial or executive powers. The executive should not exercise legislative or judicial powers and the judiciary in the same context should not exercise the legislative or executive powers.
  • This means:
  • That the powers of any one branch of the government should be exercised purely and absolutely that branch only and not the other two.
  • That the branch or organ of the government should never be controlled or interfered with in the exercise of its powers.

That the same persons should not form or be part of more than one of the three branches of the government.

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