A Comparative Study of India, USA, UK, and France relating to the Separation of Powers

  • Shaikh Aiyshanaz Abdul Matin and Sushama Subhashchandra Vishwakarma
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  • Shaikh Aiyshanaz Abdul Matin

    Student at Thakur Ramnarayan College Of Law, Mumbai University, Maharashtra, Mumbai, India

  • Sushama Subhashchandra Vishwakarma

    Student at Thakur Ramnarayan College Of Law, Mumbai University, Maharashtra, Mumbai, India

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Abstract

The concept of the separation of powers serves as a cornerstone of a transparent and accountable government. Its fundamental objective is to safeguard citizens' liberty by effectively implementing laws formulated by the state. The doctrine aims to prevent any single person or body from holding all the powers. It is imperative that the powers and obligations of each branch of government are clearly defined and kept separate to ensure the freedom of the people. The separation of powers is essential in upholding the principles of democracy and protecting the rights of citizens. The theory of the rule of law includes a fundamental component known as the separation of powers doctrine. It refers to the concept of keeping the legislative, executive, and judicial branches of government completely separate from each other. However, over time, the interpretation of the doctrine has changed significantly. The interactions between government organs in countries like France, the United States, the United Kingdom, and India clearly show this. The doctrine has evolved to recognize the interdependence of these organs, and it is now understood as a system of checks and balances. Although the classical interpretation of the doctrine is not applicable in the contemporary world, its intrinsic value cannot be negated. The core of the doctrine is still relevant today, as it calls for the distribution of central authority to avoid autocracy.

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Research Paper

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International Journal of Law Management and Humanities, Volume 7, Issue 2, Page 956 - 968

DOI: https://doij.org/10.10000/IJLMH.117161

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