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Background Of Separation Of Power

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CHAPTER III

SEPARATION OF POWERS: EXECUTIVE, LEGISLATIVE AND JUDICIARY

SUBMITTED BY:
PRASANTA KUMAR SAHU

Conceptual Background of Separation of Powers
The theory of separation of powers as enunciated above is nothing more than a technique of organizing the government with a view to the prevention of the abuse of power which is inevitable when it is concentrated in one individual or a group of individuals. The secret of the absolute and unlimited power exercised by the French Kings till the eve of the Revolution and by the British Kings before Glorious Revolution of 1688 lay in the union of all three powers- executive, legislative and judiciary, in their hands.
Separation of power is the doctrine that political power should be divided among several bodies as a precaution against tyranny. The doctrine may be traced to ancient and medieval theories of mixed government, which argued that the processes of government should involve the different element in society such as monarchic, aristocratic, and democratic interest. Oppose to absolute sovereignty of the Crown, Parliaments, or any other body. Separation of Powers was a leading idea in medieval Europe under the name of the “two swords”. Most thinkers agreed that power should be shared between the state and the church. But no convincing argument was produced for the supremacy of one over the other. Those who argued that the state was superior to the church faced the faced that divine authority was

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