Comparative Study of Separation of Power in India, U.K. And U.S.A.

Supriya Rani
Symbiosis Law School, Noida, India

Volume III, Issue III, 2020

The doctrine of Separation was coined by Aristotle and further developed by Montesquieu. The doctrine talks about division of power among three forms of government i.e. Legislature, Executive and Judiciary in order to maintain effective form of government system as well as to keep check and balances within the three forms of government. The main idea behind the concept is to have a transparency in the mechanism of government and to assure liberty of citizens with effective implementation of all the law formulated by the State.The paper will trace out the history from where the concept came into existence and how successful it has been till date.  The paper will be focusing on various countries where the doctrine is applicable and how the doctrine has been proved to be an effective mechanism in assuring the liberty of individual.

The paper will also look into criticism of the doctrine as to why some country has not adopted it completely and why this mechanism has proved to be not that successful as it was supposed to be. The concept is quite effective in theory but cannot be applicable completely practical life due to some loopholes, the paper tries to point out the reasons of its applicability or rather say, failure.


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