Separation of Power

  • Sahil Patel
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  • Sahil Patel

    Student at Amity University Chhattisgarh, India.

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Abstract

Doctrine of Separation of Powers states that the personnel, functions and powers of the three organs of the government that is, the legislature, the executive and the judiciary must be kept separate, independent and distinct with no overlaps. It implies that the personnel in the legislative branch are not be involved in the functions which are to be performed by the judiciary or the executive, the judiciary is not to involve with the functions of the executive or the legislature and the executive is not to interfere and involve with the functions and duties of the legislative or judiciary. This research paper discusses on the need, merits and demerits of Doctrine of Separation of Powers. It also gives a brief insight on the system of checks and balances evolved from the Doctrine of Separation of Powers given by Montesquieu and concludes on the impact that this doctrine has over large democracies of the world such as USA, Britain and India.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 5, Issue 1, Page 1668 - 1679

DOI: https://doij.org/10.10000/IJLMH.112678

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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