Separation of Power in the Contemporary State

  • Shams Firdaus
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  • Shams Firdaus

    LL.M. student at Chanakya National Law University, Patna, India

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The theory of separation of powers, a fundamental principle of modern governance, divides political authority among three branches: executive, legislative, and judicial. Initially proposed by political theorists like as Montesquieu, its use has changed greatly in modern governments. This abstract looks at the doctrine's applicability and problems in today's political context. In modern states, the separation of powers protects against tyranny and ensures checks and balances within government systems. However, given today's realities, its execution is fraught with complexity. Technological improvements, globalisation, and the growing complexity of policy challenges have blurred conventional divisions across branches. Furthermore, the rise of executive dominance in some systems calls into question the principles' essential assumptions, raising issues about accountability and power concentration. The convergence of powers in some parliamentary systems complicates the division, raising questions about the doctrine's efficiency in safeguarding democratic values. Furthermore, the involvement of non-state entities, such as multinational firms and international organisations, creates new dynamics that call into question traditional notions of power separation. These organisations exert tremendous power over government decisions, frequently operating outside the purview of democratic review. In response to these obstacles, modern states are reconsidering the doctrine's application, looking for novel methods to preserve its integrity. To sustain democratic norms, institutional processes must be strengthened, transparency enhanced, and citizen involvement promoted. To summarise, while the idea of separation of powers remains a key premise in modern nations, its application necessitates ongoing change to reflect changing political realities. By tackling issues such as executive dominance, technological improvements, and the influence of non-state actors, governments may ensure that the division of powers remains a cornerstone of democratic administration in the twenty-first century.




International Journal of Law Management and Humanities, Volume 7, Issue 2, Page 2089 - 2112


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