NAME: GAONE K KEOBATILE
ID NUMBER: 200902722
LECTURE: MR SELEKE
DUE DATE: 7/3/11
QUESTION 1...DISCUSS THE SIGNIFICANCE AND IMPORTANCE OF THE DOCTRINE OF SEPARATION OF POWERS TO BOTSWANA’S PUBLIC ADMINISTRATION PRACTICES INTRODUCTION
All around the world there is need to achieve and maintain peace in the governing of the state. So in order to reinforce this there is the practice of the doctrine of separation of powers in different nations. So this essay is set out to explain in detail the history of the doctrine from where it all started and how it came to be practiced in Botswana. Of course the separation of powers ensures the efficient way of running a country but will it manage without the help of public administrators otherwise known as the bureaucrats? So in continuation this essay will go on to discuss the full details of the public administration, its definition, organisation, functions and the importance of separation of powers to its existence. To spice it up there will be a little criticism discussed regarding this systems of governance. A well summarised conclusion will sum up the whole discussion
THE THEORY OF SEPARATION OF POWERS
Even though there are different authors who have tried to enlighten us with the meaning of separation of powers, according to my own knowledge it is the division of governmental authority in the sense that it divides the authority into three branches namely the legislature which comprises of the parliament, the executive comprising of the president, vice president, the cabinet and the public service lastly the judiciary comprising of the body of judges in the country.In this way no branch can gain absolute power or abuse the power they are given in other words separation of powers limits the powers vested in any of the branches.
Separation of powers
Check and balances
Now getting into more important information, according to Mclean (2009:481) separation of powers doctrine means that political power should be divided among several bodies as a precaution against tyranny. In continuation they state that separation of powers emerged in the seventeenth century.locke distinguished the executive, legislative and federative powers although he did not intend them to be separate. Then the French political thinker Baron De Montesquieu developed this into a full blown theory of separation of powers of the executive, legislature and the judiciary. From here it passed to the US constitution and its justification in the federalist papers. Furthermore still in the theory of separation of powers Allen and Thompson (2008:30),they state that when the Legislative power is united with the executive in the same person or body of magistrates, there is no liberty because it is to be feared that the same monarch or the same senate will make tyrannical laws in order to execute them tyrranically.There is no liberty if the judicial power is not separated from the legislative power and from the executive power. If it were joined with the legislative powers, the power over the life and liberty of citizens will be arbitrary because the judge would be legislator. If it were joined with the Executive powers the judge would have the strength of an oppressor. All would be lost if the same man or the same body exercised this powers, that of making laws, that of executing public decisions and that of judging the crimes of the private person. According to Dingake (2000:3) he also argued that differentiation must not only be in respect of the powers, but it must also extend to the personnel which run this organs. THE BRITISH PARLIAMENTARY SYSTEM
Even here according to Fombad (2005:313) the same three governmental powers exist in Britain. There is fusion of powers and because of this concentration of legislative and executive powers, there is no strict separation of powers in Britain on the scale provided in the U.S...