THEORY OF SEPARATION
OF POWERS
MEANING OF SEPARATION OF POWER
It means that the powers of the
government are not concentrated into one
organ of the government otherwise there
will be no freedom. Each organ should
neither interfere with the other nor
influence the other.
ORIGIN OF THE CONCEPT OF
SEPARATION OF POWERS
The term has been forwarded by
Montesquieu. Prior to him even though
many scholars have given the indication
on separation of powers. First, Aristotle
described the three organs of the
government but he did not explain there
mutual relations in detail.
Montesquieu gave the theory in his book
“Spirit of Laws”. According to him, “When
the legislative, executive or judicial powers
are combined in the same person or same
monarch than there can be no liberty, as
the monarch or the senate will make
tyrannical laws and implement them in the
tyrannical manner.”
CRITICISM OF THE THEORY OF
SEPARATION OF POWERS:
1.Absolute Separation of Powers
2.The theory is not practicable hence even in
USA it has been modified by a system of
checks and balances
3.The basis of the theory is confusing
4.The Organs of the theory is confusing
5.The Organs of the government are mutually
dependent
6. All the organs of the government do not
co-ordinate
7. The theory will lead to inefficiency in the
government
8. The authoritarian objection
9. Individual liberty is possible even without
te separation of powers
CONCLUSION
Hence one can see that although there is
separation of powers between the three
organs of the government but they are not
totally independent and still mutual
dependency on each other prevails in all
the forms of the government. This happen
through the process of checks and
balances.