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separation of powers

By Keamogetswe-Lebatlamang Oct 19, 2014 846 Words
INTRODUCTION
In the world at large there is a very great need to achieve and maintain peace and harmony in the ruling atmosphere of a particular state. In order to put this in place the doctrine of separation of powers is put in action in the different parts of the nation. in this essay I will simply define the key terms which are separation of powers and then proceed by elaborating how how this separation of powers is important in running a state and how it came to be practiced in Botswana. I will then continue with a little critsism on this separation of powers and sum up with a well summarized conclusion.

SEPARATION OF POWERS
According to a French philosopher Baron de Montesquies separation of powers is defined as the doctrine in which the arms of government (excutive.legislature, judiciary) have separate unique powers which the other branch cannot interfere with (dictionary.com 21 century lexicon copyright (C) 20003-2014 dictionary com.LLC).it is stated that this where designed by the constitution to make sure that no branch will have too much power and that issues of the public policy and welfare would be granted comprehensive attentiveness before taking any action .according to my own point of view separation of powers is the system whereby the three arms of government in Botswana are given spefic functions to carry and may not carry one another s function and each is independent ,thus it has its own separate function. Despite the fact that the branches are not to carry the functions of others ,they are interrelated ,they work together and relieve one another from carrying too much power ,which is stated as one of the check and balances ,where the functions of one branch seem to have and modify the power of another .Also separation of powers is defined as the constitutional principle that limits the powers vested in any person and institution. It divides government authority into three branches : legislative consisting of the president and prime ministers, and the cabinet and judiciary which is made up of the chief justice and other judges.

The separation of powers takes place where by each branch of government in Botswana carry its function .firstly I would look deeper into functions of each particular arm of government in Botswana .firstly I will began with the judiciary which its function is to interpret the laws and policies of the country. In Botswana this arm of government fulfils several roles in any given society ,but is the non violent resolution of conflict ,for instance when people disagree on how the law should be carried out, or when someone has committed an offence against another person or society as a whole the judiciary would provide an arena in which the government through the public prosecutor may side with the victim and solve the issue basing on the rules and procedures known to both parties in argument. the judiciary also defines justice for the whole Batswana society .In Botswana concepts of justice vary from one society to another but all containing traits of fairness and human rights.source:Gregory M.Scott.politcal science and politics around the world).The Judiciary adjucates on matters of disputes that may arise and to have a final word on the interpretation of laws. In the judiciary process in Botswana justice is to be readily available to citizens, courts are supposed to exists in every society /locality so as to make it easy to deal with offences in those particular societies or localities. Justice is supposed to be meaningful that implies that there cannot be a different set of rules made for a particular locality.in this country there are judicial hierarchies in places which are widely distributed at the base e.g. local courts, one supreme court at the top which ensures unity and centralization .some of these courts deal with major offences while others are concerned with appeals. Also in this country there are two hierarchies of courts, one dealing with civil cases and the other with criminal cases. The judiciary decisions have effects on law making which is an essential political function. In Botswana laws may be interpreted but may not be declared null and void. If the judicial interpretation is not to parliamentary liking ,the it can remedy the situation at any time by a passing a law .In Botswana law providing a for segregation and other forms of discrimination based on human race are unconstitutional and therefore cannot be enforced at all.

Secondly I will look at the functions of the legislature .According to Bernard. E. Brown the legislature is the institutional device for realizing government by consent in modern democracies; it is in the legislative forum that the political interests confront one another most visibly and dramatically. Its other function is to enact laws and policies. It is its responsibility to prescribe penal consequences for the commission of an offence, this is so because the prevention of crime is a matter of acute concern in many countries around the world and prescribing appropriate punishment is an important work of the legislature.

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