The Constitution of India has been made the supreme law of the country and other laws are required to be in conformity with the Constitution. Any law which is found in violation of any provision of the Constitution is declared invalid. We have adopted the British System of Rule of Law. Absence of arbitrary power is the first essential of Rule of Law upon which our whole constitutional system is based. Governance must be by rule, and not arbitrary, vague and fanciful.
However, the U.K. has no formally written constitution like the US. Instead, they use what may be referred to as its constitution is the entire body of its laws and principles that deal with regulating the populace and running the government. The embodiment of constitutionalism is the control of power by its distribution among a few state organs or offices, such that they are each subjected to proportional controls. As a result this compels them to coordinate in planning the will of their states. Furthermore, the United States has a constitutional government in which the powers of the central government are limited by law to create individual states with certain degrees of self-governing powers.
It shapes the premise of the American constitutional structure. Article I vests the legislative control in the government ; Article II vests executive control of the President and Article III vests judicial control of the Supreme Court. The creators of the Constitution of America trusted that the theory of separation of powers would help to keep the ascent of oppressive government by making it unthinkable for a solitary gathering of persons to practice an excess of force. Also they expected that the balance of power is ought to be achieved by balanced governance between independent organs of the administration. This option framework existing with the idea of separation keeps any organ to end up incomparable.
In this essay, we will addressing the similarities and differences between these two governments. Firstly, there are some specific differences in the checks and balances system. The UK government is made up of executive branch, legislature and judiciary. All of the branches have their own powers to check the action of the other branches. Firstly, the Prime Minister
In the Spirit of Laws, he further explained that oppression and tyranny is inevitable if one person performed two or more state functions. Therefore, overlapped of functions will be prohibited such as judges are not allow to make legislation, nor the legislative should not judge. Equal statues should be given to legislative, executive and judicial branches so each could control the excessive use of power by another branch. Absolute separation would limit the three organs of government, which consists of legislature, executive, and judiciary to be completely separated and isolated from each other. The Constitution of the United State of America in 1787, which is an attempt to implement the separation of powers, moreover, it is remains as a classic example.
This would help to form a framework from amassing too much power centered onto one single branch of government. One that powers would be split between an executive, and legislature, and judicial branch. This response would allow for the passing of the Constitution with the compromise of adding the Bill of Rights. The checks and balances system is discussed extensively in Federalist 51. Written by James Madison says “for maintaining in practice the necessary partition of power among the several departments as laid down in the Constitution…essential to the preservation of liberty, it is evident that each
Checks and balances act as a system with shared power. The Executive Branch is in control of making sure the nation’s laws are obeyed. The Legislative Branch makes the laws of our nation. The Judicial Branch interprets the laws for the country. The President can veto laws from the Legislative Branch.
The executive term of the government is the executing of laws, to compel observance of the law, responsible for planning and supplying the laws made by the legislative. The legislative is the law making, furthermore, elections that are done by the parliament, which The Judicial power/term is responsible for charging individuals to obtain total justice. Likewise, they have the control over the police and the accuses, depending on the law. Autocracy is a form of a government, where one person possesses the power of everything. He has access to unlimited powers, such as military, rules/laws and judges, similarly to a dictator.
THE SEPARATION OF POWERS- WHY DO WE NEED IT ? The Separation of Powers has been a key feature of our Democratic system. History has time and again shown us that unlimited power in the hands of one person or one group in most cases means that others are suppressed or their powers have been curtailed. The separation of powers in a democracy is to prevent the abuse of power and to safeguard the freedom of all. The doctrine of separation of powers had envisaged a tripartite system of government.
The Executive Branch in Malaysia made law by the parliment by Parliament. Each part of the Executive has its own role to handle. It also held responsibility for the government administrative system, it has the authority to adjourn and dissolve the legislature. In the federal government, the Executive consists of conference of rulers, Yang di-PertuanAgong (YDPA), Prime Minister, Cabinet, Public Services. The Conference of Rulers is made up of the nine Rulers and the four Yang di-PertuaNegeri (Governors) of the States which do not have Rulers.