Here are examples of governments with three branches: Now you have seen how power can be split in different contexts among different people and groups. There is a group of elected representatives, or General Court, who in turn elect a governor. Belgium has horizontal separation of powers: legislative, executive and judicial. (4) The Organs of Government are mutually dependent: Separation is not possible among the organs of the government and they are dependent on one another to a great extent. After discussing the theory, we come to the conclusion that complete separation of powers is neither possible, or practicable, nor it is justified. Prior to the attainment of freedom, the controversy between the two took a serious turn.

The influence of this theory was profound particularly on the constitution makers of America. For instance, the legislature makes the laws. 1. Montesquieu laid stress on the limitation of each organ and declared that there should be no control of one organ over the other. Otherwise there will be no freedom.

(6) The theory will lead to inefficiency in Government: Mill in his book, “Representative Government”, writes, “If the principle of separation of powers is applied in its complete form disintegrating the realities, governmental machinery will come to a standstill”.

In his Commentaries on the Laws of England, Blackstone said, “Whenever the right of making and enforcing the law is vested in one and the same man or in one and the same body of men, there can be no public liberty. This is quite evident from the declaration of the Constitution of Massachusetts: “In the Government of this Commonwealth, the legislative department shall never exercise the executive and judicial powers or either of them; the executive shall never exercise the legislative and judicial powers or either of them; the judicial shall never exercise the legislative and executive powers or either of them to the end that it may be a Government of the laws and not of men”. Theory of Separation of Powers: Meaning, Practical Effects and Criticism are described below: In many countries the legislature is under the executive and in certain countries, the legislature has the right to remove the executive. But the writers who believe in the principle of the separation of powers are of the opinion that all the powers of the government should not be concentrated in the hands of one organ. The founding fathers of the American Constitution were also aware of the principle of Judicial Review, because legality of the rules, framed by the British Government relating to the colonies could be challenged in the Judicial Committee of the Privy Council. In the U.S.S.R. too, the separation of power is opposed, because the concentration of powers is also found there. Great importance is placed on judicial and legal cooperation, and on the work of the Venice Commission, which also includes two Belgian experts: Professor Jan Velaers from the University of Antwerp and Professor Jean-Claude Scholsem from the University of Liege (alternate member). There are three organs of government in the U.S.A., i.e.

One organ should neither interfere in the sphere of the other, nor should it influence the other. The theory had a great influence on the people of Mexico, Argentina, Brazil, Australia and Chile and they adopted the qualities of this theory to a certain extent in one form or another. In the sixteenth century, the French writer jean Bodin laid emphasis on the freedom of judiciary and said that the executive as well as judicial power should not be in the hands of one person so that there should be no despotic rule. Montesquieu writes, “When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty because apprehension may arise lest the same monarch or senate should enact tyrannical laws and execute the in a tyrannical manner. (9) Individual liberty possible even without separation of powers: Montesquieu was of the view that without the separation of powers, individual freedom was not possible. Similar is the practice in India. One thing is, of course, there, it is that the judiciary is free from the control of the executive and it is the guardian of the freedom of the people. In fourteenth century political philosopher Marsigilo of Padua also differentiated between the legislative and executive organ of the government. Certain writers have also criticised the theory for the reason that there are not three organs of the government.

He laid special emphasis on the freedom of judiciary and on the making of the legislature or the Parliament of his country powerful. It has vertical separation of powers that include: regional parliaments, provincial councils and city councils.

Hence, there is no question of the separation of powers in England. The Senate and National Assembly makeup the legislative branch and the judiciary are the judicial and administrative orders. The Constitution is the highest point of reference for Belgian domestic legislation.

Separation of powers refers to an organizational structure that delegates certain powers to certain people or groups. Czechoslovakia - There is a president and cabinet, parliament and a judiciary branch. Thus in India, where the principle of separation of powers has not been adopted, the functions have definitely been separated. But this is altogether wrong because the importance of the legislature has increased due to the emergency of democracy.

While writing about the Constitution of Virginia, Jefferson wrote, “All the powers of the Government, legislative, executive and judiciary, result to the legislative body. B.

(7) Electorate. Therefore, he considered the separation of powers to be essential. Taiwan has five branches: Executive Yuan, Legislative Yuan, Judicial Yuan, Control Yuan (audits) and Examination Yuan (civil service personnel management and human resources). At that time it was considered that it was good for the government not to interfere in the affairs of the people because most of the rulers were absolute and selfish. Other members have specific tasks and responsibilities. But Montesquieu’s view proved to be wrong.

TOS4. Blackstone also realised this and he said that complete separation of powers is as dangerous as their concentration. Dealey, an American writer believes that there are seven organs of the government: Image Source:, (6) A special court for the effective interpretation of the constitution, and.

The reason for this was that judiciary was free in that country and the system of the rule of law prevailed. Image Source: A society may only be considered a  state governed by rule of law when citizens, by applying the rights the constitution and the law make available to them, can oblige the governmental bodies and their fellow citizens to observe the provisions that protect their rights. A critical study of the organisation of the modern governments reveals that the organs of the government perform mixed functions. A bipartite democratic system of government has two levels of separation of powers.

Image Source: In India, separation of functions is followed and not of powers and hence, the principle is not abided in its rigidity. The President has been given the power to sign treaties and to make political appointments but they have to be ratified by the Senate. Copyright © 2015 PublishYourArticles.Net, All rights reserved. The concentration of all the three powers in the hands of one person was not desirable at all, because it would destroy the freedom of the people.

Madison unequivocally maintained that, “Montesquieu is the oracle who is always consulted and cited in the subject”. The programme of the All-Union Communist Party rejects the bourgeois principle of separation of powers”.