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Separation of powers


❶The English Court; the constitutional position, p. Ministers have both collective responsibility in that they must be loyal to government policy whether or not they personally agree, and have individual responsibility in that they are accountable for all official acts carried out in their department, whether or not they personally sanctioned them.

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Currently, Hong Kong has three branches of government as codified in theBasic Law, which preserves the political setup of the British colonial era under the doctrine of one country, two systems: Government — executive Legislative Council — legislature. Judiciary Court of Final Appeal and other courts and tribunals — judiciary The Chief Executive, elected by a member Election Committee, is both head of the region and head of government, and chairs the Executive Council which is composed of unofficial members and government secretaries.

The law courts exercise the power of judicial review of constitutionality of legislation and administrative actions, and emphasize the separation of powers in their rulings. The Chief Justice also stated this position in the ceremonial opening of the legal year. The judiciary branch is fairly independent of the other two branches.

Executive powers are vested with the President and Prime Minister, who are assisted by the Cabinet Secretary and other Secretaries. Dicey, despite its constitution being the one to which Montesquieu originally referred. For example, in the United Kingdom, the executive forms a subset of the legislature, as did—to a lesser extent—the judiciary until the establishment of the Supreme Court of the United Kingdom. The Prime Minister, the Chief Executive, sits as a member of the Parliament of the United Kingdom, either as a peer in the House of Lords or as an elected member of the House of Commons by convention, and as a result of the supremacy of the Lower House, the Prime Minister now sits in the House of Commons and can effectively be removed from office by a simple majority vote.

Furthermore, while the courts in the United Kingdom are undoubtedly amongst the most independent in the world, the Law Lords, who were the final arbiters of judicial disputes in the UK sat simultaneously in the House of Lords, the upper house of the legislature, although this arrangement ceased in when the Supreme Court of the United Kingdom came into existence.

The Lord Chancellor also had certain other judicial positions, including being a judge in the Court of Appeal and President of the Chancery Division.

The Lord Chancellor combines other aspects of the constitution, including having certain ecclesiastical functions of the established state church, making certain church appointments, nominations and sitting as one of the thirty-three Church Commissioners. These functions remain intact and unaffected by the Constitutional Reform Act. The judiciary has no power to strike down primary legislation, and can only rule on secondary legislation that it is invalid with regard to the primary legislation if necessary.

Under the concept of parliamentary sovereignty, Parliament can enact any primary legislation it chooses. It is generally held that parliament can do no such thing. Equally, while statute takes precedence over precedent-derived common law and the judiciary has no power to strike down primary legislation, there are certain cases where the supreme judicature has effected an injunction against the application of an act or reliance on its authority by the civil service.

The seminal example of this is the Factortame case, where the House of Lords granted such an injunction preventing the operation of the Merchant Shipping Act until litigation in the European Court of Justice had been resolved.

The House of Lords ruling in Factortame No. The British legal systems are based on common law traditions, which require: Police or regulators cannot initiate complaints under criminal law but can only investigate prosecution is mostly reserved for the Crown Prosecution Service , which prevents selective enforcement, e. Prosecutors cannot withhold evidence from counsel for the defendant; to do so results in mistrial or dismissal.

Accordingly, their relation to police is no advantage. Defendants convicted can appeal, but only fresh and compelling evidence not available at trial can be introduced, restricting the power of the court of appeal to the process of law applied. United States Main article: Madison under the Marshall court. The Executive branch has attempted to claim power arguing for separation of powers to include being the Commander in Chief of a standing army since the American Civil War, executive orders, emergency powers and security classifications since World War II, national security, signing statements, and the scope of the unitary executive.

Other systems Taiwan Main article: Executive Yuan — led by the premier but in actuality it is the president who sets policy — executive Legislative Yuan — unicameral — legislature.

Judicial Yuan — its Constitutional Court highest and Supreme Court have different jurisdictions — judiciary Control Yuan — audit branch Examination Yuan — civil service personnel management and human resources The president and vice president as well as the defunct National Assembly are constitutionally not part of the above five branches.

Before being abolished in , the National Assembly was a constitutional convention and electoral college for the president and vice president. Its constitutional amending powers were passed to the legislative yuan and its electoral powers were passed to the electorate. The relationship between the executive and legislative branches are poorly defined.

An example of the problems this causes is the near complete political paralysis that results when the president, who has neither the power to veto nor the ability to dissolve the legislature and call new elections, cannot negotiate with the legislature when his party is in the minority.

The legislature is the only branch that chooses its own leadership. The vice president has practically no responsibilities. Belgium Belgium is currently a federated state that has imposed the trias politica on different governmental levels. The constitution of , considered one of the most liberal of its time for limiting the powers of its monarch and imposing a rigorous system of separation of powers, is based on three principles represented in the Schematic overview of Belgian institutions: Trias Politica horizontal separation of powers: The legislative power is attributed to an elected parliamentary body elected with a representative general election system one person one vote.

The executive power is attributed to the Council of Ministers. Ministers are appointed by the King, usually from the elected members of parliament non-elected people can also be nominated. However, they must first resign from their elected seat. The judicial power is in the hands of the courts. Magistrates are nominated by the minister on proposal from a Council of the Magistrates.

Magistrates can be nominated to become a judge sitting magistrates or instructing judge investigating judge of Procureur public prosecutor the standing magistrates. Judges are often appointed by the executive to chair official enquiries, such as into the death of David Kelly. Judicial enquiries leave judges open to criticism. As stated above judges cannot become members of the House of Commons under the House of Commons Disqualification Act []. The Law Lords the members of the highest court in the land , sit in the House of Lords which is part of the legislature, but by convention they do not participate in party political disputes.

Sub Judice rule — MPs cannot raise court proceedings in debate. The legislature cannot tell the judiciary how to decide a case. To protect their independence it is extremely difficult for the legislature to dismiss a judge. S11 3 Supreme Court Act [] judges of the High Court and above who hold office during good behaviour are subject to a power of removal by the queen on an address presented by both houses of Parliament. The judiciary accept the supremacy of Parliament — that Parliament can make any law it wants, but it insists that it has the right to interpret its meaning.

It is said that judges legislate when they decide cases and create precedent. Also the doctrine of precedent, expressed in the words stare decisis limits the discretion of the court as they have to apply the rulings of the higher courts. In Shaw v DPP, it was said that judges interpret and apply the law they do not create it. Unlike in the USA, the judiciary cannot declare primary legislation Acts of Parliament unconstitutional, but they can review secondary delegated legislation.

It is trying to ensure the independence of the judiciary. But a full separation of powers is very unlikely as that would require an executive completely separate from the legislature and a new way of electing a Prime Minister, the UK is not ready for that. The separation of powers is not an absolute or predominant feature of the UK constitution.

The three branches are not formally separated and continue to have significant overlap. However it is a concept firmly rooted in constitutional thought. It allows the judiciary to remain independent and to refrain from matters more appropriately left to the executive or legislature.

Especially relating to prerogative powers and Parliamentary privilege. Separation of Powers - Government Essay. If you choose to use information obtained from our essays, it is your responsibility to cite it. Dolch Learning Science Journal Free Online Research Papers is made possible by people like you submitting and commenting on research papers, research articles, book reviews, poetry, and creative writing pieces.

It is this principle that divides government authority into three branches namely the Executive President or Prime Minister and the cabinet , Legislature Parliament or Senate and the Judiciary Chief justice and other Judges. From this definition, Separation of Powers entails that each organ of the state, namely t will perform its functions without undue interference from the other organs. Each organ therefore, should be left to do what is assigned to it under the constitution.

If any organ is not performing well it ought to be reminded and its performance monitored by way of accountability. This is not interference but a system of checks and balances in the interest of good government. But separation of powers does not mean insulation of powers because the three organs of the State, particularly the Executive and the Legislature, are at one level or another bound to interact and indeed complement each other in the running of the affairs of the State World bank, The executive branch of the government of Zambia is made up of the chief of state president Michael Sata; vice president Guy Scott; the president is both the chief of state and head of government.

Cabinet is appointed by the president from among the members of the national assembly. Chief of state includes the name and title of the titular leader of the country who represents the state at official and ceremonial functions but may not be involved with the day to day activities of government. Head of government includes the name and title of the top administrative leader who is designated to manage the day to day activities of government.

For example in the UK the monarchy is the chief of state while the prime minister is the head of government. The legislative arm of the government; unicameral National assembly in Zambia is made up of seats, are elected by a popular vote, 8 members are nominated by the president to serve 5year terms Bratton, Some of the functions of the legislature include;.

The constitution stipulates a hybrid form of government; a mixture of presidentialism with elements of the Westminster tradition of parliamentary democracy. As in other presidential systems the distribution of power between the legislative parliament and the executive the presidency , is unbalanced in favour of the latter. As the Constitution review commission clearly spelled out:

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The political doctrine of the Separation of Powers can be traced back to Aristotle, who states: "There are three elements in each, the deliberative, which discusses everything of common importance; second the officials; and third, the judicial element.".

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In conclusion, the doctrine of the separation of powers controls abuse of power. However, as the separation in the United Kingdom is unclear, the system of checks and balances is effective in .

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Separation Of Powers essaysOver two hundred years ago our Founding Fathers gathered in Philadelphia, PA to rewrite the constitution. In rewriting the Constitution there was one change that they wanted to make above all. That was within this new government there would be a Separation of Powers . Separation of Powers essay American National Government - 6 Professor: Aimellia Siemson The concept of separation of governmental powers is an essential principle to our democracy. The Separation of Powers devised by the framers of the Constitution was designed to do one primary thing: to prevent the majority from ruling with an iron fist, so.

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Free Essay: The separation of powers and checks and balances is a system that was created in America by the founding fathers in the constitution of the. Separation of Powers - Government Essay. The Separation of Powers is a principle of the constitution rather than a legal rule applied by the courts. The Doctrine of the Separation of Powers is particularly associated with Montesquieu.