SYMBIOSIS LAW SCHOOL
SYMBIOSIS INTERNATIONAL UNIVERSITY
Administrative Law
An Essay on
“Doctrine of separation of power in India”
Submitted By:- Name: Ronak Sirsikar Roll No: 117 Class: Div B, Sem 5 PNR: 13010124117
Application of doctrine of separation of power in India
In 1748, The principle of separation of powers enunciated by French Jurist Montesquieu in his book L. Esprit Des Lois (Spirit of Laws) for the first time with a with a view to protect individual liberty from any unwarranted authoritarian and absolute concentration of power in one entity. Montesquieu 's doctrine signifies the fact that one person or body of persons should not exercise all the three powers of the Government - legislative, executive and judiciary. That is why he is known as modern exponent of this theory.
Doctrine of Separation of Powers or des pouvoirs means that each organ of government should be independent of the other and that no organ should perform functions that belong to the other. There should not be concentration of powers in the hands of any particular body of the Government. The three organs of the government which we know as the executive, the judiciary and legislature represent the people in a country and are responsible for the smooth running of democratic governance. The legislature is the law-making body, the executive is responsible for the
How the Constitution Guards Against Tyranny Ever wonder why the Constitution was doubted? The Constitution was written in Philadelphia 1787, the Constitution failed because of the Articles of Confederation. Two problems were that there was no chief executive and there was no court system. There are many types of tyranny, for example there can be one person who has a lot of power or when a group of people have too much power. Tyranny back then was harsh ownership of one individual, because of tyranny the constitution was doubted.
When the colonists were still with Great Britain, King George III misused his power. As a result, colonists wrote the Declaration of Independence on July 4, 1776, to the king, to state their separation from Great Britain, to form a new country, the United States of America. After creating a new country, Americans wrote the Articles of Confederation in the year 1777, which they purposely weakened central government, so the abuse of power, wouldn’t exist. This meant the states had all the power. Although this structure of government seemed great, the creators of the Articles quickly realized that with no central government, states weren’t united because they were busy on increasing the growth of only their state.
1. Chart the changes in federalism throughout American history. What was dual federalism? How was governmental power distributed under this system? How did the Great Depression lead to the decline in dual federalism?
The legislative branch which is in charge of making laws. The legislative branch is consisting of the congress and several Government agencies. The congress is consisted of the House of Representatives and the Senate. Each member of the Senate and the House of Representatives has to get voted into office by citizens from each state. For legislation to pass both the Senate and the House of Representatives must pass the bill by majority vote, then they can get it signed by the President.
In Thomas Paine’s “Common Sense”, he said it’s absurd for an island to rule over a continent. This is especially true when Great Britain imposed tyrannic and restrictive laws on the colonies, so the founding fathers of the new independent country created the new constitution in a way the would prevent tyranny in the newly independent United States. The Articles of Confederation was the first plan of government for the newly formed U.S. The Articles were to weak to support a nation properly, so the new constitution began to form. How does the Constitution , a plan of government, guard against the government abusing its power.
After America declared independence from England the colonies were not under the rule of a Central Government. The Revolution formed a government without a monarchy also referred to as a Republic, there were several attempts at government that included The Articles of Confederation, The Virginia Plan, The New Jersey Plan and The Great Compromise. The Continental Congress drafted a written agreement called the Articles of Confederation which were adopted in 1777 but did not take effect until 1781. A Confederation is an association of independent states that agree to work together on certain matters and each state holds sovereignty.
The Executive branch executes laws and is the president. The Judicial branch judges laws and is the Supreme Court. The Legislative branch creates laws and is the House of Representatives and Senate. James Madison said in Federalist Paper #47 Document B, “the accumulation of all powers...in the same hands...may be justly pronounced the very definition of tyranny.” This helps protect from tyranny because the Separation of Powers prevents all power from being in the same hands.
To begin with, Montesquieu is best known for his ideas to revolutionize political systems. The separation of powers changed society by allowing people to think that not just one person should control and govern the laws of a country. The Spirit of the Laws which was a book written
In addition, the executive branch was responsible for enforcing or vetoing laws passed by Congress (in addition to its other powers). As for the judiciary, it is responsible for interpreting federal laws and the constitution and for overseeing the decisions made by the federal and state courts. Before when it was unable to address economic and boundary disputes, the judiciary under the constitution was able to address a wide range conflicts. Above all, these three branches of government share equal power to prevent one form of government from becoming too
The best form of government, as stated by Montesquieu, is one where the legislative, executive and judicial powers were separate and kept each other in check to keep any branch from being too powerful. He called this idea the separation of powers. An example of this in his eyes was England’s government. Charles mistook the way that political power operated. He saw the English government as one where it separated and balanced powers instead of one central part holding all the power.
The legislative branch The most important job of the legislative branch is to make laws . Also the legislative branch
This particular Enlightenment thinker had a certain take on government. Montesquieu admired the British government and believed that it was one of the best maintained countries of his time period. Though his interest with the British government, he developed the separation of powers. The separation of powers involved three branches of government: judicial, legislative, executive. The judicial branch was to interpret the laws, the legislative branch was to write the laws, and the executive branch was to enforce the laws.
They are responsible, as the guiding committee of Parliament, for the preparation and enactment of most legislation and of the budget. Now, the Republic system as opposed to the Westminster system is one of representative government, while the Westminster system is one of responsible government, which means that the executive is responsible to the legislature, and requires its confidence to remain in power. While in the U.S system, the executive are separate from the legislature, in the
During the Estates General, Louis XIV believes he can rid the Third Estate’s demands by locking them out. The Third Estate moves next door to a tennis court and takes an oath to remain there until there is a constitutional monarchy, a form of government promulgated by Montesquieu in his “Spirit of Laws”. “Montesquieu claimed that a liberal constitutional monarchy was the best system of government for a people who prized freedom, on the grounds that by dividing the sovereignty of the nation between several centres of power, it provided a permanent check on any one of them becoming despotic.” Montesquieu is clearly vital in the French Revolution as he sets the structure of government which the National Assembly demands and provides the governmental goal of
The branches of government are: (a) The Legislature: makes the law (The People’s Majlis –Article 5 and Article 70(a)) (b) The Executive: implements the law (The President and the independent commissions –Article 6- ) (c) The