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WEEK 3
TOPIC: SEPARATION OF POWERS.
CONTENT:
(a) Separation of Powers in the arms of government
(b) Separation of Personnel Performing Functions.
(c) Examine the Relationship between Separation of Powers and Check and Balances.
(d) Explain the extent of Separation of Powers, Checks and Balances under presidential Systems of Government.
Sub – Topic 1: SEPARATION OF POWERS IN THE ARMS OF GOVERNMENT
Separation of powers is a principle in government which is defined as the division of governmental political powers that exist in any given states into three organs of government. What the principle is saying is that all the amount of governmental political powers that exist in a given state should not be rested or consolidated in one person or one organ of government. If these powers are divided into three organs of government – the legislature, executive and judiciary, that the chances of dictatorship or tyranny will be reduced.
It was a French political thinker – Jurist Baron de Montesquieu who developed and popularized the principle of separation of powers in his book entitled “Espirit des Lois” which means “the Spirit of Laws” publishes in 1748. Political scientists like Locke, Jefferson, Rousseau, Bodin, Plato and Aristotle had earlier expressed their views on the principle of separation of powers. Montesquieu argued inter alia: That if rights, liberty and freedom of citizens are to be maintained and guaranteed, then the three organs of government must be separated and entrusted to different people to administer. That there will be chaos, violence, dictatorship, tyranny and oppression if there is no separation of powers. That the functions of government of law making, execution and adjudication should be handled by different organs of government without interference. Montesquieu was of the opinion that the three arms of government should work separately but cooperatively.
Separation of Personnel Performing Functions.
The principle of separation of powers states that not only should the three arms of government (namely the executive, legislature and the judiciary) be separated but also their functions should be performed by different persons or a body of persons. For example, a member of the legislature should not simultaneously be a minister, nor should a judge hold a cabinet post. The doctrine of separation of powers was popularized by Montesquieu in his book Espirit de Lois in 1748. The doctrine is designed to check the abuse of power by government operators.
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