Professional Documents
Culture Documents
Seperation of Power
Seperation of Power
BY
VISHAL KAKDE.
M.P.LAW COLLEGE, AURANGABAD.
CONTENT
1. MEANING
2. HISTORICAN BACKGROUND
3. MONTESQUIEU’S DOCTORINE
4. WADE SND PHILLIPS
MEANING
SEPERATION OF POWER
SEPERATION means to separate, to divide.
POWER , here power means the authority of exercising functions.
It is generally accepted that there are three main categories of governmental
functions 1. legislative, 2. executive, 3.Judicial.
Likewise, there are three main organ of government in a state
That are 1. legislature 2. executive 3. judiciary .
According to the rule of separation of power these three power and functions
of the government must in free democracy, always be kept separate and be
exercised by three separate organ of the government.
These all can not exercise the power and functions of each other.
Historical background
“ When the legislative and executive powers are united in the same
person , or in the same body of magistrate, there can be no liberty
because of apprehension may arise , lest the same monarch or senate
should enact tyrannical laws to execute them in a tyrannical manner
again, there is no liberty if the judicial power be not separated from
the legislative and the executive. Where it joined with the legislative
, the life and liberty of the subject would be exposed to arbitrary
control ; for the judge would then be legislature.
Where it joined with the executive power , the judge might behave
with violence and oppression.
WADE AND PHILLIPS