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The doctrine of separation of power, Study notes of Administrative Law

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DOCTRINE OF
SEPERATION OF
POWERS IN USA
AND UK
PRAGADI 132002097
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DOCTRINE OF

SEPERATION OF

POWERS IN USA

AND UK

PRAGADI 132002097

THE DOCTRINE OF SEPERATION OF POWER

  • (^) The vesting of the legislative, executive, and

judiciary powers of government in separate

bodies, independent and distinct from each

other.

  • (^) According to this doctrine, the legislature

cannot exercise executive or judicial power,

the executive cannot exercise legislative or

judicial power, and the judiciary cannot

exercise the other two powers.

DRAWBACKS

  • (^) There was no separation of powers under the British Constitution
  • (^) Doctrine is based on the assumption that the three functions of the Government, viz. legislative, executive and judicial are independent and distinguishable from one another
  • (^) It is impossible to take certain actions if this doctrine is accepted in its entirety. Thus, if the legislature can only legislate, then it cannot punish anyone, Separation of Powers, thus, can only be relative and not absolute.

DOCTRINE OF SEPARATION OF POWERS IN USA

THE LEGISLATURE

  • (^) The legislative arm of government is mandated to formulate laws that would govern the nation.
  • (^) In the United States of America, the legislative arm is known as Congress and is divided into two: the lower house and the senate.
  • (^) In article one of the American constitutions, Congress is given powers to make laws of the land.
  • (^) The laws made are binding and are followed by every American. However, if a specific law ignites controversies, then clarifications are sought from the Supreme Court, which could either elaborate or revoke it.

THE JUDICIARY

  • (^) As established in article two of the constitution, the judiciary has the powers to interpret the people’s laws.
  • (^) Some controversies that arise from new laws are solved by judicial review, which gives them clarity.
  • (^) The judiciary is also mandated to solve conflicts that may arise between the other two arms of government.
  • (^) Furthermore, the courts have the mandate to check the constitutionality of actions and behaviors of the president.
  • The constitution generally donates these powers to the judiciary to keep the other government arms in check as it defends itself from encroachment by either the legislature or the executive.

The President

  • (^) The form of government in the USA characterized

as the presidential, is based on the theory that

there should be separation between executive and

the legislature.

  • (^) The president is the head of the executive has the

powers to ensure the constitution is protected at

all times.

  • (^) Furthermore, the president is trusted to make

international treaties for the well-being of America.

DOCTRINE OF SEPARATION OF POWERS IN UNITED KINGDOM

THE LEGISLATIVE POWER

  • (^) The legislative power in the UK is held by the
Parliament. The Parliament of UK is composed of
three parts, namely
the Monarch
House of Lords
House of Commons
  • (^) The main functions of the Parliament are to:
create/amend law, scrutinize the government, and to
enable the government to make financial decisions

THE JUDICIARY

  • (^) The main function of this branch is to hear upon and resolve the matters of law.
  • (^) However, in the UK the judiciary has one more essential function is to develop the law through their judgements.
  • (^) The judiciary consists of judges in courts, as well as those who hold judicial office in tribunals. The senior judicial appointments are made by the Crown.
  • (^) According to various sources, the judiciary in the UK is independent of both parliament and the executive.
  • (^) It may be argued that this “independence” is not really genuine, because the Senior Judges are appointed by the Crown.
  • (^) However, once these judges are appointed they are become

THE LORD CHANCELLOR

  • (^) One of the most peculiar features of the UK was probably the Lord Chancellor.
  • (^) This is mainly due to the fact that the Lord Chancellor was a part of all three branches of the government (i.e. executive, legislative, and judicial).
  • (^) The Lord Chancellor is often regarded as a disregard to the doctrine of separation of powers.

THANK YOU!