Separation of Powers (Public Law )

The earliest government which is kingship as we all know of during Normandy times have inevitably becomes corrupt and passes into tyranny. The best men in the community then unseat the tyrant and institute an aristocracy. But their descendants are corrupted by the opportunity to gratify their desires and so become oligarchs. Thereupon the community overthrows the oligarchy and institutes a democracy. Next, the people are debauched by evil leaders, thus the end of the people brings in a monarch once more. It is recommended that the theory of the separation of powers grew out of the older theory of mixed monarchy as expressed by the Greek historian of Rome Polybius whose idea was simple. Instead of having an aristocracy, monarchy or democracy, a combination of any two of these forms of government would suffice to break away from this vicious cycle. However, the theory of the separation of powers as put forward by Montesquieu deals with the branches of government rather than the type of government. Lord Acton believed that 'Power tends to corrupt and absolute power corrupts absolutely '. Therefore, in order to eradicate the corruption of absolute power, Montesquieu identified three branches of government between which power should be allocated and separated: the executive which takes action to implement the law, defend the nation, conduct foreign affairs and administer internal policies; the legislative which makes law, and the judiciary which applies the law to determine disputes and punish criminals. According to the doctrine of the separation of powers, the executive cannot make law. Neither can the legislative determine disputes or any of the three branches exercise the power of the other. Nor can any one person be a member of any two of the branches. This is in order to protect our emancipation as according to

Montesquieu: 'When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no

Bibliography: * Francis D Wormuth, The Origins of Modern Constitutionalism (New York Harpers, 1949) * MJC Ville , Constitutionalism and the Separation of Powers (Indianapolis 1998 2nd Edition) * Montesquieu, The Sprit of Laws , Translated and edited by Anne Cohler, Basia Miller, Harold Stone. (New York: Cambridge University Press, 1989) * Barnett, Hilaire, Constitutional and Administrative Law, 6th Ed( Routledge- Cavendish) * Commentaries on the Laws of England (1765-1769) * Cambridge Law Journal Volume [ 6 ]. Commentaries on the Laws of England (1765-1769), Volume 1 [ 7 ]