Separation of Power

INTRODUCTION The separation of agencys is a constitutional principle intentional to curb that the functions, personnel and powers of the major institutions of the arouse are non voiceless in any ane body. It ensures a dispersal kinda than a concentration of power within the state. The thoroughgoing heading of the separation of powers is to avoid the profane of power and thereby to nurture the rights and liberties of citizens. The concept itself is of groovy antiquity and tush be attributed to Aristotle, however, the clearest explanation of the doctrine can be found in the french writer Charles- Louis de Montesquieus. In essence, Montesquieu states that the three organs of government, the executive, legislative assembly and judicial system should each have a separate and defined land of power and that there should be a clear product line of functions between them. His quest was to stripping the best way of attaining civilian liberties for the individual. He a rgued that if all the powers of the state were placed in nonpareil person or one organ, there will be dictatorship and this would result in abuse of civil liberties.

Montesquieu started from a rather gloomy outlook of human nature, in which he saw man as exhibiting a general design towards evil, a tendency that manifests itself in selfishness, pride, envy, and the seeking after power. He argued that, although man is a reasoning animal, he is led by his desires into immoderate acts. Of the English, Montesquieu wrote that A commonwealth like this, being perpetually in ferment, are much easily conducted by thei r passions than by reason, which never produ! ced any great effect in the listen of man. In the realm of regime this is of the greatest consequence as constant experience shows us that every man invested with power is apt to abuse it, and to exculpate his authority as outlying(prenominal) as it will go. However, this tendency towards the abuse of power can be moderated by the constitution of the occurrence country, for, although by no means a starry-eyed utopian,...If you desire to get a full essay, order it on our website: BestEssayCheap.com

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