Logged out
Access All our Essays in an Instant
Swap your work for FREE access, or pay £4.99 for instant access
Explain the theory of the separation of powers in the Judiciary.
Member rating:
(9 votes)
| Words:
| Submitted: Thu Jul 11 2002
Page Preview
On the left is an image preview of every page of this document, and below are the first 150 words with formatting removed:
STRUCTURED QUESTION: THE JUDICIARY Explain the theory of the separation of powers in the Judiciary. The doctrine of the separation of powers was first put forward by a French political philosopher named Charles de Secondat Montesquieu in 1748 in his treatise De l'esprit des lois.1 He stated that the liberty of the individual is secure only if the three primary organs of the state (legislative, executive and judiciary) are distinct and independent in both function and in persons. This produces institutions that are relatively independent from one another and supports a system of checks and balances, preventing any one branch of the state from dominating the others. In countries with a parliamentary government, the executive and legislature are combined and have overlapping functions. In the UK, the executive, formed from the majority in Parliament dominates the legislature. The judiciary, however, does stand to one side and is largely independent...
To see the full version of this document, and 143,615 others
