Separation of

power
Presented by
Arpon Barua 1812883043
Mukit Al Faruque 1912799642 Submitted to
Md. Ashraful Islam Fahim 1811775043
Jannatul Shahrin Shoshi 1931192043 Dr. Nurul Huda Sakib
(Sir)
 What is “Separation of Power”

The division of government responsibilities

What is exactly “Separation of into distinct branches to limit any one
Power” branch from exercising the core functions of
another
The division of a state's government into
branches.

WHY “Separation of Power”

“When power is centralized, there is a risk

of people being oppressed or having their
rights violated. Because of the division of
powers, democracy was founded and power
abuse was prevented.”
Three Tier Machinery of State Government

Separation of power

Legislative Executive Judicial

Having the power or A person or group of Relating to a judgment, the

performing the function persons having function of judging, the
of legislating administrative or administration of justice, or
supervisory authority in the judiciary judicial
an organization. processes judicial powers
The separation of powers concept was first
originated in ancient Greece and became Little History
widespread in the Roman Republic as part of the
initial Constitution of the Roman Republic. The
Aristotle (384-322 BC) in his book “The Politics”
stated that: “There are three elements in each
constitution in respect of which every serious
lawgiver must look for what is advantageous to it;
of these are well arranged, the constitution is bound
to be well arranged, and the differences in
constitutions are bound to correspond to the
differences between each of these elements. The
three are, first, the deliberative, which discusses
everything of common importance; second, the
official; and third the judicial element.”
 1. Ending the autocracy protects the liberty of
the individual.

2. It not only safeguards the individual's liberty

but also maintains the efficiency of the
administration.

3. Focus on the requirement of independence of

the judiciary

4. Prevent the legislature from enacting an

Significance of arbitrary rule.

Separation of Power
 Impact of the doctrine • It seeks to protect the centralization of power on
of separation of powers the one hand
on democracy • It can lead to disastrous outcomes

• It makes the government liable, accountable,

and answerable to its citizens for its actions,
thereby aiding in the promotion and protection
of human rights.

• It eliminates one of the most severe weaknesses

of other forms of administration, such as
monarchy or dictatorship, in which the king is
not accountable to his people.
SEPERATION OF
POWER AMONG
COUNTRIES

U.S. Poetry Month Activities

 Singapore

• Separation of power is engraved in their constitution and has been effective in deterring corruption.

• Singapore splits its power between the legislature which makes the laws,
.
• The executive which executes the laws

• The judiciary that enforces the laws.

 France

• The government is divided into three branches:

• Legislature - Senate (upper house) and national assembly (lower house). If a dispute arises, the
. decision of the lower house is final.

• Executive - President, prime minister, and cabinet minister. PM is accountable to the National
Assembly.

• Judiciary - Includes constitutional court.

 United States

• The doctrine of separation of power is applied in a strict sense. The powers are vested in different
entities.

.• Article 1, section 1 states that all legislative powers shall be conferred on the Congress of the United
States.

• Article II Section 1 talks about all the executive powers conferred by the President of the United States
of America.

• Article III Section 1 states that judicial power shall be conferred on the Supreme Court and other
courts, which Congress may establish from time to time.

• The word "shall" is used, which is mandatory and has to be followed.

 India

• The prime minister is India's head of state. The legislative branch is the country's parliament, which is
made up of the lower house (Lok Sabha) and the upper house (Rajya Sabha).

.• The country's president leads the executive branch of government along with cabinet members and
other officials.

• The president is also considered part of parliament. The judicial branch consists of a tiered system of
courts. The Supreme Court is the highest court.
Other Governmental Systems
Tripartite and bipartite are not the only types of governmental systems. Some
governmental structures include more than three branches.
• Germany’s government has six main bodies: Federal President, Federal Cabinet, Federal Diet, Federal
Council, Federal Assembly, and Federal Constitutional Court

• Hungary has four branches: the parliament, the government, the court system, and the office of the public
accuser

• Taiwan has five branches: Executive Yuan, Legislative Yuan, Judicial Yuan, Control Yuan (audits), and
Examination Yuan (civil service personnel management and human resources).
THE DOCTRINE OF The theory of checks and balances advocates the
CHECKS AND use of one organ of government to check the
activities of the other organs. This is where the
BALANCES powers of one organ are used to check the powers
of other organs. These constitutional acts of checks
and balances have to check abuse of office,
constitutional violation and naked use of powers by
different organs of government.
The doctrine of checks and balances does not
advocate fusion of the three organs
of government in the performance of their
constitutional functions. All it is saying is that in-
as-much as these organs will be mutually
independent; they should act as watchdog of each
other to avoid misuse of power and to reconcile
these organs. The doctrine of checks and balances
applies to both parliamentary and presidential
system of government.
ADVANTAGES OF SEPARATION OF POWER
• Separation of powers guarantees and maintains the right, liberty and freedom of the citizens.

• Powers are separated among the organs of government in order to avoid chaos, violence, dictatorship tyranny
and oppression in a country.

• Separation of powers leads to division of labor and specialization in the art of governance.

• Separation of powers without unnecessary interference makes it easy for smooth running of government.

• Separation of powers maintains law and order which ensure rapid progress and economic and political
development.

• It brings about efficiency and orderliness in the administration of a country.

• Separation of powers prevents excesses and recklessness on the part of the organs of government.
DISADVANTAGES OF SEPARATION OF POWER
• It is argued that separation of powers into three arms of government tends to lower the quality of decision and
policies made by these organs.

• Strict application of the principles of separation of powers slows down the smooth running of government.

• Separation of powers without interferences from other organs may make these organs to be inefficient.

• The institution of checks and balances that apply with the separation of powers can lead to political instability
in the country.

• The application of the principle of checks and balances may lead to unhealthy rivalry among the organs
of government.

• Existence of powerful organs of government: A complete separation of powers may make each organ
of government very powerful and dangerous to individual liberty.
Thank You