Author: Shristi D kumar, Institue of law Nirma University
Introduction
The principle of separation of power in different democracies has posed the cause of threat. The segregation of powers between the Legislative, executive, and judiciary was at a substantial level prior. But now there is a gradual erosion and menace to the basic structure of the constitution.
Throughout the course of history, the division of powers was formed with the purpose of protecting democracy and opposing tyranny. Montesquieu and other intellectuals of the Enlightenment period are credited with being the ones who first expressed the concept, which dates back to ancient times. In his essay titled “The Spirit of the Laws,” Montesquieu claimed that the only way to ensure the preservation of liberty was for the authority of the government to be separated into several parts that were able to check and balance each other. It was this concept that had a significant impact on the people who drafted the Constitution of the United States of America, and later on other democracies all over the world.
Legal Jargons
The doctrine of separation of powers: The separation of responsibilities within the government into separate branches, to prevent any one part from performing the fundamental duties of another branch.
Judicial Review: The power of the court to interpret the Constitution and to invalidate legislation and decisions that are incompatible with the Constitution
Legislative supremacy: is a notion practised in certain parliamentary democracies, according to which the legislature is regarded as the highest authority.
Check and balances: a mechanism that ensures no single branch of government may amass an excessive amount of power.
The Proof
In today’s era weakening and misuse of separation of powers is a grave matter of concern. Examples of executive overreach and undermining judicial independence.
Following the mishandling of the COVID-19 pandemic and the imposition of the Emergency Ordinance, one hundred and seven opposition Members of Parliament (MPs) made their way to the premises of the Parliament on August 2, 2021. This occurred in the context of an increasing political tension between the government and the constitutional monarch of Malaysia. At the same time that they blocked every entrance road to the premises, the Royal Malaysian Police and the riot police, which is also known as the Federal Reserve Unit, came face to face with peaceful legislators who were arriving at Parliament.
El Salvador’s President Bukele issued a decree in June 2020 mandating a thirty-day mandatory home quarantine for all citizens. Before this move was taken, there was a significant crisis at the institution that started on February 9th. To obtain finance for a loan of $109 million for the President’s national security strategy, the national army broke into the Assembly at the President’s request. The invasion of the Assembly by members of the military forces was a precedent-setting incident that constituted a serious breach of democratic ideals and the principle of the separation of powers.
Abstract
As a framework for the allocation of governmental authority and as a means of guaranteeing accountability through the use of checks and balances, the concept of separation of powers is an essential component in the operation of modern democracies. The historical origins of the theory, its implementation in a variety of democratic systems, and the contemporary problems that are leading to its degradation are all topics that are discussed in this article. The purpose of this article is to provide a comprehensive examination of how the separation of powers is being compromised. This is accomplished by analyzing individual case laws and examples of executive overreach, legislative encroachment, and judicial activism. In conclusion, the author provides some insights into the significance of this erosion and suggests some measures that could be taken to strengthen the doctrine in light of the political dynamics of the modern day.
case laws
Marbury v. Madison (1803) is the case that established the principle of judicial review in the United States. This principle enables courts to overturn laws that are seen to be in violation of the Constitution.
In the case of Indira Nehru Gandhi v. Raj Narain (1975), the Supreme Court of India stressed the significance of judicial review as well as the independence of the judicial system on multiple occasions.
In the case of R (on the application of Miller) v. The Prime Minister (2019), the Supreme Court of the United Kingdom found that the advice given by the Prime Minister to prorogue Parliament was invalid. This decision strengthened the relationship between the judiciary and the executive branch.
During the Bush v. Gore case in 2000, the role of the judicial branch in settling electoral disputes was brought to light, and questions were raised over the extent of judicial overreach in political matters.
As a result of the weakening of the separation of powers, modern democracies are facing a severe threat to their democratic integrity and their ability to function effectively. This idea is not simply a theoretical construct, but it is also a real necessity for the purpose of preserving the equilibrium of power and protecting individual liberties. A reinvigorated commitment to maintaining constitutional values, ensuring judicial independence, and cultivating a political culture that respects the boundaries and functions of each branch of government is required in order to combat the patterns of erosion that are currently occurring. In order to ensure the physical and mental well-being of democratic systems and ensure their continued existence, it is essential to take measures such as strengthening democratic institutions and increasing public understanding of the significance of separation of powers.
FAQ
What exactly is meant by the phrase “separation of powers” to be understood?
A1: The doctrine of separation of powers is a constitutional theory that separates the duties and responsibilities of the government among the three departments of government (executive, legislative, and judicial) in order to avoid any one of the branches from becoming overly dominant.
Question 2: Why is it vital for a democracy to have a division of powers?
It is vital to have a separation of powers in order to provide checks and balances, prevent abuse of power, and safeguard individual liberties. This is accomplished by guaranteeing that no single branch of government may have full control over the government.
In what ways is the principle of the separation of powers being undercut in contemporary democracies?
A3: Erosion can occur as a result of presidential overreach, legislative encroachments on judicial independence, and judicial activism, which happens when judges go beyond their duty by making policy choices.
Concerning the fourth question, what are some examples of case laws that emphasize the separation of powers?
A4: Some of the most important examples include Marbury v. Madison, Indira Nehru Gandhi v. Raj Narain, R (on the application of Miller) v. The Prime Minister, and Bush v. Gore. Each of these cases illustrates a distinct facet of the theory in action.
Concerning the fifth question, what steps might be taken to strengthen the separation of powers?
The support of constitutional principles, the guarantee of judicial independence, the cultivation of a political culture that respects the functions of each branch of government, and the enhancement of public knowledge of the significance of separation of powers are all examples of measures that can be taken.
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that could be taken to strengthen the doctrine in light of the political dynamics of the modern day.
activism. In conclusion, the author provides some insights into the significance of this erosion and suggests some measures
accomplished by analyzing individual case laws and examples of executive overreach, legislative encroachment, and judicial
this article is to provide a comprehensive examination of how the separation of powers is being compromised. This is
contemporary problems that are leading to its degradation are all topics that are discussed in this article. The purpose of
democracies. The historical origins of the theory, its implementation in a variety of democratic systems, and the
use of checks and balances, the concept of separation of powers is an essential component in the operation of modern
As a framework for the allocation of governmental authority and as a means of guaranteeing accountability through the
Abstract
incident that constituted a serious breach of democratic ideals and the principle of the separation of powers.
at the President’s request. The invasion of the Assembly by members of the military forces was a precedent-setting
finance for a loan of $109 million for the President’s national security strategy, the national army broke into the Assembly
citizens. Before this move was taken, there was a significant crisis at the institution that started on February 9th. To obtain
El Salvador’s President Bukele issued a decree in June 2020 mandating a thirty-day mandatory home quarantine for all
Parliament.
police, which is also known as the Federal Reserve Unit, came face to face with peaceful legislators who were arriving at
Malaysia. At the same time that they blocked every entrance road to the premises, the Royal Malaysian Police and the riot
occurred in the context of an increasing political tension between the government and the constitutional monarch of
seven opposition Members of Parliament (MPs) made their way to the premises of the Parliament on August 2, 2021. This
Following the mishandling of the COVID-19 pandemic and the imposition of the Emergency Ordinance, one hundred and
overreach and undermining judicial independence.
In today’s era weakening and misuse of separation of powers is a grave matter of concern. Examples of executive
The Proof
Check and balances: a mechanism that ensures no single branch of government may amass an excessive amount of power.
regarded as the highest authority.
Legislative supremacy: is a notion practised in certain parliamentary democracies, according to which the legislature is
incompatible with the Constitution
Judicial Review: The power of the court to interpret the Constitution and to invalidate legislation and decisions that are
prevent any one part from performing the fundamental duties of another branch.
The doctrine of separation of powers: The separation of responsibilities within the government into separate branches, to
Legal Jargons
menace to the basic structure of the constitution.
between the Legislative, executive, and judiciary was at a substantial level prior. But now there is a gradual erosion and
The principle of separation of power in different democracies has posed the cause of threat. The segregation of powers
To the point
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increasing public understanding of the significance of separation of powers.
ensure their continued existence, it is essential to take measures such as strengthening democratic institutions and
erosion that are currently occurring. In order to ensure the physical and mental well-being of democratic systems and
respects the boundaries and functions of each branch of government is required in order to combat the patterns of
commitment to maintaining constitutional values, ensuring judicial independence, and cultivating a political culture that
real necessity for the purpose of preserving the equilibrium of power and protecting individual liberties. A reinvigorated
democratic integrity and their ability to function effectively. This idea is not simply a theoretical construct, but it is also a
As a result of the weakening of the separation of powers, modern democracies are facing a severe threat to their
Conclusion
questions were raised over the extent of judicial overreach in political matters.
During the Bush v. Gore case in 2000, the role of the judicial branch in settling electoral disputes was brought to light, and
relationship between the judiciary and the executive branch.
found that the advice given by the Prime Minister to prorogue Parliament was invalid. This decision strengthened the
In the case of R (on the application of Miller) v. The Prime Minister (2019), the Supreme Court of the United Kingdom
review as well as the independence of the judicial system on multiple occasions.
In the case of Indira Nehru Gandhi v. Raj Narain (1975), the Supreme Court of India stressed the significance of judicial
enables courts to overturn laws that are seen to be in violation of the Constitution.
Marbury v. Madison (1803) is the case that established the principle of judicial review in the United States. This principle
Case laws
Page1of1
No plagiarism found
Matched Source
separation of powers are all examples of measures that can be taken.
respects the functions of each branch of government, and the enhancement of public knowledge of the significance of
The support of constitutional principles, the guarantee of judicial independence, the cultivation of a political culture that
Concerning the fifth question, what steps might be taken to strengthen the separation of powers?
action.
application of Miller) v. The Prime Minister, and Bush v. Gore. Each of these cases illustrates a distinct facet of the theory in
Some of the most important examples include Marbury v. Madison, Indira Nehru Gandhi v. Raj Narain, R (on the
Concerning the fourth question, what are some examples of case laws that emphasize the separation of powers?
activism, which happens when judges go beyond their duty by making policy choices.
Erosion can occur as a result of presidential overreach, legislative encroachments on judicial independence, and judicial
In what ways is the principle of the separation of powers being undercut in contemporary democracies?
the government.
individual liberties. This is accomplished by guaranteeing that no single branch of government may have full control over
It is vital to have a separation of powers in order to provide checks and balances, prevent abuse of power, and safeguard
Why is it vital for a democracy to have a division of powers?
the branches from becoming overly dominant.
government among the three departments of government (executive, legislative, and judicial) in order to avoid any one of
The doctrine of separation of powers is a constitutional theory that separates the duties and responsibilities of the
What exactly is meant by the phrase “separation of powers” to be understood?
Content Checked For Plagiarism
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Plagiarised
Unique
Words
277
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Date
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