Hannah Arendt Separation Of Power

The main job of a judge is to interpret and apply the law. The legislature is the body with the main law making powers, not the judge. The judge does however have power to invalidate laws that are unconstitutional. There is a check and balance system in place.

Part XXI-A of Cr. P.C provides legal sanction to plea-bargaining thus making it an procedure established by law and thus does not violate the rights of the accused, keeping in mind adherence to the 3 key criteria to fulfil legality of plea-bargaining i.e. Knowledge, Intention, Voluntary. Sec- 265-G of Cr. P.C, judgement delivered by the court under section 265-G shall be final and no appeal (except the special leave petition under Article 136 and writ petition under Articles 226 and 227 of the constitution) shall lie in any court against such

How the separation of powers are important Separation of powers, refers to the division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another. The intent is to prevent the concentration of power and provide for checks and balances. Separation of Powers is the doctrine that the individual branches of government (executive, legislative, judicial) have separate and unique powers the others cannot impinge upon. The framers of the constitution designed this to make sure that one group couldn’t accumulate more powers than the other groups. Framers wanted a Constitution that did not place all the powers and decision making into one branch of government.

Baron Montesquieu stated the importance of judicial independence by stating ‘there is no liberty if the power of judging is not separated from the legislative and executive' This quote states the importance of the Separation of Powers Doctrine. Until the 2005 Constitutional reform Act commanded changes to be made to the Lord Chancellors Office, the Lord Chancellor was a cabinet minister, member of the House of Lords and head of the judiciary. This meant that all three arms of the state (executive, legislature and judiciary) that should traditionally and in accordance to the Separation of Powers Doctrine be kept separate in order to keep the other arms in check and balance with each other, were tangled together. In 2005, the Constitutional reform act came into play which significantly modified the role of the chancellor meaning that he was no longer the head of the judiciary and also created the supreme court. The main purpose for the creation of the supreme court was to detangled the arms of state.

[21] Since judges have a duty to defend rights, they must step in and make rulings to defend such rights. [22] The character of judicial cognitive is not one of discretion, then, but of a duty to search a judgement based on principle that shields civil

Which means there would be a legislative branch, executive branch, and judiciary branch within the federal government. Document B claims “The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether one or few...may be justly pronounced the very definition of tyranny… Liberty requires that the three great departments of power should be separate and distinct.” Having separate and distinct branches within the government limits the power accumulated so that it doesn’t become overpowered. Each branch is made up of different powers and duties.

There is however a “new view” on parliament supremacy held notably by Lord Jennings, Marshall and Heuston according to which it is rather the courts who are “the ultimate arbiters of what the law is in a given society” , and not the Parliament. On the

So sometimes judges has to act accordingly favoring that what is right to make the justice to the party vie using the power. As constitution guarantee all of its citizen right and justice without any

Separation of powers refers to the idea that the major body of a state should be functioned independently and that no individual of a state should have power separately. Therefore, separation of powers means that splitting up of responsibilities into different divisions to limit any one branch from expurgating the functions of another. The intention of the doctrine is to prevent the application of powers and provide for checks and balances of governing a state. It is a doctrine of constitutional law under which the three branches of government, executive power, legislative power, and judicial power are been kept separately to prevent abuse of power.

My Judicial Philosophy: Minimal Extrapolation Non-Originalism The two main prevailing legal philosophies when it comes to constitutional interpretation are originalism and non-originalism. Originalists believe in interpreting the constitution based directly on the framers’ intent when writing it and other Amendments while non-originalists view the Constitution in the context of the time it is applied, referring back to the spirit of the framers’ intent, not the intent itself. Both these ideologies alone are seriously flawed and no one would ever argue that historical intent alone or modern context and consequences alone would lead to smart legal opinions. The intent of the Second Amendment, for example, was derived from the Lockean ideals

Separation of powers protects liberty by making sure that all government powers do not fall in the hands of a single person or a group of people it also ensure that one branch does not exercise the powers of another branch. The legislative branch is mainly responsible for lawmaking, in article one of the constitution congress is granted limited but substantial legislative power. For Example, in section 8 it mentions “congress shall have the power to establish Post offices and Post roads meaning that neither the executive branch nor the Judiciary branch can exercise these powers. The Executive branch is mainly responsible for enforcing laws, Article II of the constitution grants executive power to the President, Some of the president’s powers are to veto legislation, recommend legislation, grant pardons and nominate judges. The Judicial branch is the law interpreting branch of government, article III of the constitution establishes a federal system of courts that are separate from the state courts, judges are appointed for life unless they are impeached and judges are also independent of the other two branches and through their exercise of judicial powers judges cannot be threatened by either the executive or the legislative branch.

In doing so, no one branch of government would grow too powerful and tyranny against the people, such as was viewed by the actions of Parliament, could be avoided. According to Hamilton, Congress has the power of the purse and the president has the power of the sword. The Court, however, is not powerless amongst these. A powerful tool of the Court is the ability to interpret the Constitution and this is applicable to scenarios outside of

The author feels the Supreme court is a bad idea because they think it will lead to abuse of power and the Supreme Court will take over the government because there wasn’t a system of checks to limit its power yet. The author shows this view when they say “In the exercise of this power they will not be subordinate to, but above the legislature . . . The supreme court then has a right, independent of the legislature, to give a construction to the constitution and every part of it, and there is no power provided in this system to correct their construction or do it away.” (Antifederalist 79) This shows he thinks the Supreme Court will have the power to bend the constitution to its whim.

Federalist #51 1- Madison says that each department should have a will of its own. Also saying that we should give those who administer each department the necessary constitutional means and personal motives to resist encroachments of the others. The constitution would say separation of powers. These can keep separated by elections of who will be doing what for whom, the power each institution is given over the two and how they will be doing things different from each other.

The purpose of separation of powers is to make sure that no branch becomes powerful enough to control other two, also, it is a way to prevent government become tyranny: