Separation of Power: A Comparative Analysis
Commonwealth Law Review Journal, Volume 3, September 2017
22 Pages Posted: 2 Jul 2018
Date Written: June 9, 2018
The doctrine of Separation of Powers deals with the mutual relations among the three organs of the Government namely legislature, executive and judiciary. The origin of this principle goes back to the period of Plato and Aristotle. It was Aristotle who for the first time classified the functions of the Government into three categories viz., deliberative, magisterial and judicial and Locks categorized the powers of the Government into three parts namely: continuous executive power, discontinuous legislative power and federative power. “Continuous executive power” implies the executive and the judicial power, “discontinuous legislative power” implies the rule making power, and “federative power” signifies the power regulating the foreign affairs. The French Jurist Montesquieu in his book L. Esprit Des Lois (Spirit of Laws) published in 1748, for the first time enunciated the principle of separation of powers.
Keywords: DIRECTIVE PRINCIPLES OF STATE POLICY, UDHR
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