Topic 1: Doctrine of Separation of

powers
 SEPARATION OF POWERS

• This is a basic principle of the political

systems of modern democracies, be they
Parliamentary Systems Westminster) or
Federal Republic such as USA.

• The Doctrine of Separation of Powers divides

the Institutions of Government into three
branches: I.e. The Executive, Legislature and
Judicial , with none of the three branches of
government able to exercise total power.
 SEPARATION OF POWERS Conti…

• The Legislature makes the laws

• The Executive put the laws into operation
• The Judiciary interprets the laws
• The powers and functions of each are
separate and carried out by separate
personnel.
• According to this doctrine, no single
agency/organ is able to exercise complete
authority over another.
 SEPARATION OF POWERS Conti…

• Powers divided amongst the three organs

should prevent absolutism and dictatorship
where all branches are concentrated in one
single authority.
• The essence of the doctrine of separation of
powers is based on the idea of check and
balances. I.e. each branch’s independence
helps keep the others from exceeding their
power, thus ensuring the rule of law.
 Separation of Powers Conti…

• In Botswana, Westminster system, the

separation of powers is not total because
the Executive is drawn from and
accountable to the Legislature( In theory)
• in the US, The Separation of Powers
operates in its most total sense. No
member of the Legislature, Executive
government is drawn from and
accountable to the legislature
 SEPARATION OF POWERS Conti…

• Separation of powers prevents concentration

of power ( seen as the root of tyranny) and
provides each branch with weapons to fight
off encroachment by the other two branches.

• Under the Doctrine of Separation of Powers

the Executive is not supposed to make laws
(role of the Legislature), nor to interpret the
laws (role of the Judiciary)
 SEPARATION OF POWERS Conti…
• The Doctrine was propounded by a French Political
thinker Baron De Montesquieu. And later by John
Locke

• The proponents of separation of powers believe that it

protects democracy and forestalls tyranny . However,
opponents of separation of powers as in Botswana
Ken Good, has pointed out that regardless of whether it
accomplishes this end, it also slows down the process
of governing, promotes executive dictatorship and
unaccountability and tend to marginalize the
Legislature
 SEPARATION OF POWERS CONTI…

• However it is worth noting that there is

no democratic systems that exist with
an absolute separation of powers or
absolute lack of separation of powers.
 SEPARATION OF POWERS & FUSION OF
POWERS

• In Democratic systems of governance a continuum

exists between Presidential government and
Parliamentary govt. Separation of Powers is a
feature inherent to Presidential systems whereas “
Fusion of Powers” is characteristic of Parliamentary
ones.
• In Fusion of Powers, one organ ( The elected
Legislature ) is supreme and the other organs as
subservient to it. In separation of powers each organ
is independent of the other.
• In fusion of powers system such as UK, the people
elect the legislature which in turn creates the
Executive.
 Relationship Between the Three Arms of
Government

• EXECUTIVE: The Executive is the branch of

government responsible for day to day
management of the State.

• The Executive branch contains the Head of

government, who is the head of this branch.

• Under the doctrine of separation of powers

the Executive is not supposed to make laws
role of the (Legislature), nor to interpret them
(role of the judiciary).
 Relationship Between the Three Arms of
Government Conti

• The Executive is identified by the Head of

Government.
• In a Presidential system, this person ( The
President) may also be the Head of State,
whereas in a Parliamentary system h is the leader
of the largest party in the Legislature and is most
commonly termed the Prime Minister.
• In Parliamentary systems, the Head of
Government is generally termed the Prime
Minister, who usually heads a cabinet, which
must rely on the direct or indirect support of
Parliament.
 ROLE OF THE EXECUTIVE

• The exact role of the Executive depends on the

Constitution of the country.

• The Executive Branch executes the Instructions given to

it by the Legislature, but has no power to act on its own
without instructions.

• The laws issued by the Legislature must be complied

with. It is the President's job to preserve, protect and
defend them while executing them faithfully and it is the
Judiciary’s job to act as competent administrators to see
that all parties are in compliance with the Constitution.
• The main function of the Executive Branch is to do what
is instructed to do by legislation produced by Legislative
branch.