Theory of Seperation of Powers
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The document discusses the origins and evolution of the concept of separation of powers. It notes that while the idea was first suggested by Aristotle, ancient Greece did not follow this distinction and powers were often exercised by the same person. The document outlines key thinkers like Polybius, Cicero, John Locke, and Montesquieu who further developed the concept. It states that Montesquieu is considered the father of the doctrine of separation of powers and his work influenced the US Constitution and French Revolution. However, the document also discusses criticisms of the theory, noting that absolute separation is not possible and modern democratic governments practice some degree of overlap and cooperation between branches.
Theory of Seperation of Powers
- 2. The idea originally suggested by Aristotle in his work ‘Politics’ i. deliberative, ii. magisterial(Executive) iii. Judicial functions In ancient Greece this distinction was not followed, as all these powers were often exercised by the same person. LP jj inceptionAL001/SEM3 2
- 3. Polybius and Cicero (Roman empire) – balanced equilibrium of power. Marsiglio of Padua - legislative and executive government. John Locke – in his work ‘Civil Government’ Legislative executive and federative (foreign affairs). LP jj inceptionAL001/SEM3 3
- 5. the French scholar Famous work ‘Sprit of Laws’ published in 1748 father of the doctrine of separation of powers. lived in the times of Louis Fourteen – ‘I am the state’ Montesquieu believed that there must be separation of powers If liberty is to be safeguarded LP jj inceptionAL001/SEM3 5
- 6. The doctrine of separation of powers implies that there should be three separate organs of government:‐ i. Legislature ii. Executive iii. Judiciary with separate set of functions and powers. LP jj inceptionAL001/SEM3 6
- 8. Montesquieu’s theory of separation of powers had a great impact on the political thinking of the time and found its best expression in the constitution of United States of America. Montesquieu’s writings influenced the French Revolution and the famous Declaration of Rights issued after the revolution, laid out that "every society in which the separation of powers is not determined has no constitution” LP jj inceptionAL001/SEM3 8
- 9. Though the theory received wide recognition and had great practical implications, it also received a fair amount of criticism from various quarters. Major criticisms are; (1) Absolute separation of powers is not possible (2) All organs of government are not equal in powers LP jj inceptionAL001/SEM3 9
- 10. (3) Organs of government are mutually dependent. (4) Montesquieu’s view was that liberty is not possible without separation of powers. (5) Modern democratic view does not accept the tr aditional doctrine of separation of powers. LP jj inceptionAL001/SEM3 10
- 11. Organs of government are like the organs of a human body; though distinct they must work in unison in order to be useful and effective for the purpose for which they are created. Absolute separation of power leads to division of organs of government into water‐tight compartments. This can lead to inefficiency and deadlocks in the functioning of government and so is highly undesirable In modern times institutions exercise overlapping function s and provision is made for some degree of co‐operation between different organs of government. LP jj inceptionAL001/SEM3 11
- 12. Theory of separation of powers assume that the powers of organs of government are equal. But with the emergence of democracy this assumption seems to be wrong with pre‐eminence of legislature among the other organs being widely recognized. Executive has been reduced to a subordinate position. LP jj inceptionAL001/SEM3 12
- 13. Rather than clear separation, organs of government today, depend and cooperate among one another to a great extent . For example, legislature performs some executive functions apart from its main function of law makin g, like wise executive performs some legislative functions apart from its main function of rule application. LP jj inceptionAL001/SEM3 13
- 14. In USA bills are often prepared under the or ders or will of the president and are introduced in the congress by the members of his own party. Ordinance are issued by the executive, which have the same effect of law, is a practice followed in many countries, including India. LP jj inceptionAL001/SEM3 14
- 15. Montesquieu’s view was that liberty is not possible without separation of powers. But this view is not right as many countries like Britain, India, Italy etc., which does not follow separation of powers guarantee liberty to its people. LP jj inceptionAL001/SEM3 15
- 16. Montesquieu’s theory emerged at a time when state powers was viewed with suspicion and danger. But with the advent of the concept welfare states, people expect more action and services from the state. LP jj inceptionAL001/SEM3 16
- 17. This has led to the ascendancy of executive over legislative branch Planning and active services demand fusion and not rigid separation of powers. LP jj inceptionAL001/SEM3 17 THANK YOU…