Importance Of Separation Of Powers

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Separation of powers is the idea that separates branches of government, which consists of legislature, executive, and judiciary that deal with the three functions of government, which are the legislation, execution and adjudication. Aristotle in The Politics further explained the three elements of the constitution; he proclaimed the difference between the deliberative, the officials and the judicial element. Laws make by legislature; laws put into operation by executive; and the laws interpret by the judiciary. Montesquieu explained that one body or person should not gain entire power of the government; instead it should be separated or divided in some way to prevent the abuse of powers. 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. It was incorporated from the
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