Rea Sac
OR
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1. INTRODUCTION-
"Power tends to.corrupt, and absdlute power corrupts absolutely.”
- John Acton
1.1.1 Definition-
The separation of powers, also known as trias politica, was coined by Charles-
Louis de Sccondat. The Doctrine of Separation of Power is the forerunner to
all the constitutions of the world which came into existence since the days of the
“Magna Carta”,
The doctrine of the separation of powers divides the institutions of government
into three branches: legislative, executive and judicial: the legislature makes the
laws; the executive put the laws into operation; and the judiciary interprets the
laws. The powers and functions of cach are separate and carried out by separate
personnel. No single agency is able to exercise complete authority, each being
interdependent on the other. Power thus divided should prevent absolutism (as
in monarchies or dictatorships where all branches are concentrated in a single
authority) or corruption arising from the opportunitics that unchecked power
offers. The doctrine can be extended to enable the three branches to act as
checks and balances on cach other. Each branch’s independence helps keep the
others from exceeding their power, thus ensuring the rule of law and protecting
individual rights
1.1.2 Importance-
The doctrine of separation of power in its truc sense is very rigid and this is one
of the reasons of why it is not accepted by a large number of countries in the
world. The main object as per Montesquicu in the Doctrine of separation of
power is that there should be government of law rather than having will and
whims of the official, Also another most important feature of the above said