What is the theory of separation of powers

Posted on: 9/30/2011 12:16:49 AM  Posted By: neema  Membership Level: Silver  Total Points: 103      

The theory was put forward
by a French thinker Charles de
Secondat Montesquieu during
the enlightenment age. The
theory originally known as
'Trias politica' in French states
the different powers and
responsibilities related to
governance—namely the
legislative, executive and the
judicial—should be
independent of each other.
He developed this theory
after observing life in France,
where he saw three stratas of
society: the commons, the
aristocrats and the monarchy.
There were the three powers
but no distribution of them.
Most modern democracies as
diverse as the United States
and India have separation of
powers as a part of their
constitutions. It prevents the
abuse of power as each
branch is independent and
keeps a check on the other
two.

Responses


Harshie Moraa
Membership Level: Gold    Total Points: 1376
The theory of separation of power came about in a bid to devolve power and spread it evenly among three main branches so as to guard against excesses by the government. Thus the three arms of the government were formed each of them independent from the other yet blending together to ensure that the government runs smoothly with all the key roles, functions and decisions being made or performed expeditiously. This ideal form of government is however but a mere mirage as it is evident that these arms of government do not have equal power as one arm interferes with the work of the other.
30 Sep 2011 @ 12:27

Tanya
Membership Level: Silver    Total Points: 174
This is the concept that promotes independence in the three arms of government, that is, the executive, legislature and the judiciary. Its main purpose it to avoid a situation where there will be a misuse of power in the government. Governmental functions had to be separated to avoid the tyrannical rule against which the governed had to be protected. Montesquieu was one of the philosophers ascribed to this concept.
30 Sep 2011 @ 12:52

Phillip
Membership Level: Bronze    Total Points: 20
Separation of power is a theory with an aim of putting clear boundaries between the three arms of government i.e legislature,executive,and judiciary. In Kenya, currently this theory is rearly experienced since members of the cabinet(executive) are also members of the legislature.
30 Sep 2011 @ 01:33


chales madowo
Membership Level: Bronze    Total Points: 95
The theory of separation of power is also known as the theory of trias politica. It is attributed mainly to french Philosopher Montesquieu and His British counterpart John Locke. these two postulated that the state is divided into three. The Legislature; whose mandate is to formulate laws, the Judiciary, which enforces and interprets the law and the Executive which executes the policies in the laws. The core of the theory is that the three state entities are independent of each other and that none has more powers than the other. The theory has since been adopted by most countries of the world including Kenya.
30 Sep 2011 @ 01:57

sarah muasya
Membership Level: Gold    Total Points: 1631
We talk of the separation of power which begs the question,' does it applicable?' The President is part of the Executive which he also appoints, he is part of the legislature and still appoints the members of the judiciary although he gets advise. I think we have separation of powers in paper, otherwise the there is nothing like the three arms of government.
30 Sep 2011 @ 12:51

andileb
Membership Level: Silver    Total Points: 326
Montesquieu, having studied the French system of administration which was fused, compared the British system of administration and that of the French System which was based on civil law. Montesquieu asserted that for the proper running of a government or a state there must be in existence different entities to ensure that accountability and the rule of law in society is upheld.

He came up with the idea that the state has the three core main functions; the executive function, the legislative arm and the judiciary to ensure that justice is attained. He contemplated that a government where accountability and the rule of law is not attained would be detrimental to the running of a state.


30 Sep 2011 @ 02:30

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