HISTORICAL BACKGROUND There is an age old saying which finds its relevance today as well, that “power corrupts and absolute power corrupts absolutely”. In order to prevent the control of forces such as tyranny and authoritarianism, man has been trying to evolve certain control mechanisms . Separation of Powers is one such control mechanism. Although it is impossible to point out precisely origin or genesis of the doctrine of Separation of Power, we find the mention of rudimentary of separation of powers in the writings of great Greek philosopher Aristotle. In his writings, Aristotle clearly remarked: “There are three elements in each constitution in respect of which every serious lawgiver must look for what is advantageous to it; if these
Political philosophy is defined as the study of fundamental questions that arise when people think about the state, government, politics, liberty, and justice. The founder of western philosophy, Socrates explores the ideas of government, ethics and liberty. The classical Greek philosopher focused on the individual and the connection between the freedom and t individuality. His exploration and questions challenged other to do the same in many other aspects of life. Socrates defiance of the structure and order of Athens at the time inspired other Philosophers to create ideas about government and authority such as Niccolò Machiavelli and Thomas Hobbes.
It is also very important because it allows the supreme court of the country to check the decisions of the lower courts of the country and it also helps to check on the legislative and the executive branch of the government. The most important thing that judicial review do is the protection of the rights of the individuals and it create a balance between the powers of the government and maintain equality to every person. If there is no judicial review then the system of civil liberties would be very different. Types of Decisions in Judicial Review The court can give three types of decisions after the judicial review is conducted and the decisions are as follows: 1. The law is unconstitutional.
The Judicial branch composes of the court judges whether actions violate laws and where laws violate constitution" This shows that the separation of powers allows for the branches to constantly check each other and to ensure a fair and equal government. In conclusion, the separation of powers helps control the government and prevent them from breaking the rules of the constitution and how they should govern. The Separation of powers allows for each of the branches of the government to check each other and ensure they all follow the rules and laws set by the constitution. Separation of powers is a key factor in our government
In modern society, the process of prosecuting criminals takes a largely well-known pattern of Classicism. The classical school of thought in criminology is reaction against the arbitraries and tyranny, that had come associated with the administration of justice in the eighteenth century. Prior to classicism, justice was completely arbitrary and criminal punishment was barbaric and torturous. In the modern criminal justice system, it now conducts its process of justice following different principles that were set down for the administration of justice, by Enlightenment reformers of the late eighteenth and early nineteenth centuries. The characteristics of the modern criminal justice, such as due process of law and punishments proportionate to the crime, are precedents of early classical features of egalitarianism, the rejection of individualised punishment, the concept of proportionality, the social contract, utilitarianism, the concept of free will, certainty and swiftness of punishment, and the causes of crime.
Chief Justice Vinson stated in the Court’s decision that Dennis violated the Smith Act, for advocating the overthrowing of the U.S. government. He further added that it was the Court’s responsibility to decide what constitutes evil to justify the invasion of free speech in order to avoid dangers. Both Justices Black and Douglas wrote dissenting opinions where they clarify that Dennis was not charged
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
INTRODUCTION The Theory of separation of powers was propounded and popularized by the French political analyst Montesquieu. Published in 1748, his work on the theory titled ‘Esprit des Lois’ (The Spirit of the Laws), extensively discussed the doctrine and gave it a systematic and scientific design. The inspiration of this doctrine may have originated in the Aristotelian era and was consequently explored by the 16th and 17th century political philosophers John Bodin and John Locke. According to Montesquieu’s conception of the doctrine of separation of powers no one person or body should be vested with all three types of powers and there must be a division of functions on the basis that the legislature should make laws but not administer or enforce them, the executive must administer the made laws but neither influence the legislature in the making of the laws nor stand in judgment of the same and the judiciary must determine rights and uphold justice without taking over the functions of law-making or administration. It was further explicated that such separation is necessary in order to ensure that justice does not become arbitrary and capricious.
Philosophers influenced with new thoughts. The English philosopher John Locke impacted with his ideas about the natural rights, which are the rights of the human being outside of law. The french thinker Montesquieu published “The Spirit Of Loss” which was a book that talked about how the government should be. He was responsible for the discussion about separating the government into three power: legislative, executive, and judicial. Another influential philosopher was the french Jean-Jacques Rousseau, who wrote the Bill Of Rights.
The reason we call this cannon and not “rules” is because only the judiciary need not do the interpretation and by calling them rules it can be fallacious argument. The three canons of interpretation are: 1) The literal rule 2) The mischief rule 3) The golden rule The Literal rule-This rule of respects the sovereignty of the parliament .In this rule the judges interpret a statute by not what it exactly means, but by what