The Separation Of Powers Teasure From The Executive And Legislative Arms Of Government
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The separation of powers doctrine recognises that the judicial arm must remain separate from the executive and legislative arms of government.
The Separation of powers doctrine was developed so that the three arms of government are able to provide checks and balances on other arms which prevent an abuse of power. Each power having different responsibilities enables each arm of government to keep a check on the action of others.
The Judiciary can strike down any laws being made by the legislature if they are unlawful, thus successfully providing a check on the legislature branch. Executive actions can also be deemed as unlawful by the judiciary.
The legislature arm acts as a check on the judiciary as it can pass laws to override decisions made by the courts.
Due to the separation of powers doctrine each arm of government is able to stop one arm from exercising its functions over another.
The first origin of the doctrine of the separation of powers is traced back to the ancient Greek philosopher Aristotle. The theory was also seen in 1690 when John Locke wrote a political manuscript titled Second Treatise of Civil Government where he defended the principle of the separation of the legislative power from the executive.
The separation of powers became more recognised in 1748 when French philosopher Charles de Montesquieu wrote about the principle in his book The Spirit of Laws. His book detailed the abuse of power which could occur if the three arms of government