Essays on Separation of Powers

According to the principles of a political free nation, the power of the state should be limited. In this place, the doctrine of the separation of powers aims to divide this power into separate institutional bodies, each of which performs different functions. This happens because- according to the constitutional law- . The principles of the...

Separation of power concept historically goes back to the times of Aristotle who in his written work mentioned that each and every constitution contains three basic elements including deliberative, officials and the last one is the judicial. Hence these three earlier mentioned elements define the concept of separation of powers in its early stages and...

With the changing time and years, we have seen that every aspect of human life has evolved. The same applies to the various institutions of a state, may that be the Legislature, the Executive, or the Judiciary. “The State, which forms an integral part of the present society guided by values of liberalism, democratization, etc....

Introduction Judicial discretion and the nature of law is an important topic to discuss and analyse because there is no concrete solution to ‘hard cases’ till this day. As Trevor Ryan stated in the introduction of his essay that judicial discretion and rule of law can be solved by an innovative approach to the separation...

Introduction The essay seeks to explain on the doctrine of separation of powers under the Zambian constitution from the three limbs. It also espouses the functions of each of the three organs of the government in Zambia. Separation of Powers The principle of separation of powers finds its roots from the ancient world, where the...

An adversarial legal system refers to prosecution or a defendant debating over a case in an attempt to achieve justice. Some benefits of this include pre-trial procedure and the inclusion of the separation of powers, however, some inconsistencies include financial hardships and time-consuming and costly processes. Australia is liberal democracy; this means that the government...

Emerson’s theory of Fulfilment Emerson is a noted American writer who has a theory based on a value system that falls in line with the American doctrine of human rights, where individuals’ values are recognised and protected. His theory includes the following; the theory of self-fulfilment; sound and rational judgement or the marketplace of ideas...

Textbook: The New Separation of Powers: A Theory for the Modern State (Oxford University Press 2009) I found the textbook by searching on the NUIG Library Collection the topic of “Separation of Powers”, specifically for books. This book is available online. This book discusses the theory of the “Separation of Powers”. The content focuses on...

The United Kingdom and the modern day German constitutions arose out of completely different circumstances. The UK does not have a single codified constitution, instead, the constitution is formed from several sources, including statutes, case law and international treaties, which evolved from a long and varied history. It has never been thought necessary to consolidate...

Articles of Confederation has many weaknesses such as the lack of power between congress and federal government, congress has the power to pass a law but cannot enforce the law. These are some of the weaknesses of Article of Confederation. The Articles of Confederation was written by john Dickson, but it was a draft of...