Rule Of Law And Separation Of Powers

Rule of Law and Separation of Powers
"Government under the law and the protection of rights and freedom are twin pillars of the rule of
law. Without the separation of powers, neither of these principles would be realized.
Governments perform three functions namely executive, judicial and legislative functions. The role
of separation of powers involves the diffusion rather than concentration of powers within the state.
Thus, these branches should be separate, unique and equal. The underlying principle of the
separation of powers is that individuals have the potential to harm others, and this can become a
reality when power is concentrated in one person, faction, or institution. However, if the branches
were completely separate it would be unworkable since Parliament is ... Show more content on
Helpwriting.net ...
In combining the three in separate institutions (the Commons, Lords, and Crown respectively), the
English constitution provides all that is necessary for good government.
AV Dicey's view on the rule of law cannot be ignored because of the lasting influence he has had.
Dicey's views were derived from his understanding of the nature of democracy in UK as 'unitary and
self–correcting in which the will of the people are expressed through Parliament, and in which
Parliament controlled the government. In setting out the rule of law, Dicey considered three distinct
elements. No punishment may be inflicted on anyone other than for a breach of the law; irrespective
of rank and status, all men are equal under the law; and the rights and freedom of citizen are best
protected under the common law.
The rule of law represents a challenge to State authority and power, demanding both that power be
granted legitimately and that their exercise is according to law. The law is not autonomous but rests
on the support of those it governs. Whilst the rule of law places law above everyone, it remains
paradoxically subjected to the ultimate judgment of the people. The rule of law is considered the
most fundamental doctrines of the constitution of UK. The constitution is said to be founded on the
idea of the rule of law.
The UK does have a kind of
... Get more on HelpWriting.net ...

Doctrine of Separation of Powers
1st Internal Assignment
Administrative Law
The Doctrine of Separation of Power
Clive D'souza
13010124119
Division B
III Year
Introduction:
The Government of any country will be the agency or machinery through which the will of the
people is realised, expressed and formulated. But for the will of the people to be so expressed,
realised and formulated, there needs to be a well organized system which works together, jointly as
well as separately for ultimate achievement of the goal, which in a democracy would be to help
people realise their will, express that will and help the people to formulate the ideas as to what is
right for society and be part of what would then become ideally, a true and well functioning
democracy. ... Show more content on Helpwriting.net ...
He was an ardent believer in the theory of natural law which is a philosophy of law that is
determined by nature and so would be universal. Natural law refers to the use of reason to analyze
human nature, both socially as well as personally and to deduce binding rules out of morality and
moral behaviour out of them.
Locke believed that there should be a separation of powers whereby there would a legislative body
which has the ultimate power of making laws, he believed that the legislative authority should be
given such power, because the members of such legislative authority are elected by the people who
will be the guardian of the natural laws that he holds dear and as his first and foremost priority.
John Locke believed that there should be a separation of powers, but rather than the tri–partite
system as we know today, he believed in a bi–partite system of governance that included just the
executive and the legislature, the legislature being in this case the law making body, whereas the
executive would be the king on the monarchy who could exercise judicial powers.
John Locke was questioned by certain other philosophers of government policy on how there could
be an executive who is a monarch who has an absolute power alongside a democratic legislature
which makes their own laws which are the representative of the will of the society in general,

Separation of Powers Essay
Ange Miller
Separation of Powers essay
American National Government – 6
Professor: Aimellia Siemson
The concept of separation of governmental powers is an essential principle to our democracy. The
Separation of Powers devised by the framers of the Constitution was designed to do one primary
thing: to prevent the majority from ruling with an iron fist, so the framers shied away from giving
any branch of the new government too much power. There were three branches created within the
Constitution –– the Legislature, Executive, and Judicial, each of which have a distinct function and
fine lines separating them. (1)
The Legislative Branch is composed of the House and Senate, The Executive, is composed of the
President, Vice–President, ... Show more content on Helpwriting.net ...
(3) The executive branch makes sure people follow the laws that the legislative branch makes. The
leaders of this branch are the President and Vice–President. When making important decisions, the
President often asks for advice from a group of 15 helpers, known as the Cabinet. When people are
unsure about the meaning of a law, the judicial branch listens to many opinions and makes a
decision. The judicial branch is made up of courts and the highest of these courts is the U.S.
Supreme Court and is made up of 9 judges. Courts decide arguments about the meaning of laws,
how they are applied, and whether they break the rules of the Constitution. (2) Of the more than
7,500 cases that are sent to the Supreme Court each year, only about 80 to 100 cases are actually
accepted. (3)
"The doctrine of Separation of Powers was adopted by the convention of 1787," in the words of
Justice Louis D. Brandeis, "not to promote efficiency but to preclude the exercise of arbitrary power.
The purpose was not to avoid friction, but, by means of the inevitable friction incident to the
distribution of the governmental powers among three departments, to save the people from
autocracy." (1)
References
Magleby, D.B., & Light, P. C. (2009). Constitutional Democracy. In E. Stano (Ed.), Government By
The People (23rd ed., pp. 20–23). United States: Pearson.
(2001, January 22). Ben's Guide to

Separation Of Powers In Australia
Brief Background and Description of the Separation of Powers:
Australia adopted its democratic system from both the Westminster and United States pre–
established versions. The structure of separation of powers intends to delegate the power of the state
to three branches in order to minimise the abuse of this power and ensure justice through its
protection. The powers pertaining to each branch are mutually exclusive to each arm of government
. The legislative branch, responsible for the drafting and establishing of laws, the executive, aimed at
putting the laws into force and implementing them and the judiciary designed to interpret the laws,
are evidence of the exclusivity of each branches function within the Australian government. The
legislative ... Show more content on Helpwriting.net ...
Their case was dependent upon arguing that the ACMA was acting outside of his jurisdiction and
employing powers in which it did not have the authority to exercise. The defending party
acknowledged that it was open to the Communications Authority to form an opinion on their
actions. Ultimately the case was decided against the position taken by Today FM and the appellant
trial judges unanimously. It was ruled that the ACMA was not exercising judicial power in their
actions of suspending a broadcasting license, 'there is no basis on which the Authority, in so acting,
could be said to exercise judicial power. None of the indicia of exclusively judicial power would be
present.' The court then went on to make clear that 'The Authority's cancellation or suspension of the
license would not be...the imposition of punishment for the commission of an offence." As a result,
the court acknowledged the ACMA's power to make findings as to whether an offence has been
committed in breach of the Broadcasting Services

John Locke Separation Of Powers
The framers had wanted something more cohesive and efficient way to fight the ambition of man
and something better than the articles of confederation(Magleby 43). Made them turn to
"Montesquieu he advocated three distinct and separate branches in which the general powers of
government should have been. While John Locke made a case for separating the legislative and
executive powers, Montesquieu provided the Founders with a compelling defense for an
independent judiciary" (Separation of powers). The founders wanted to make sure no one public
official had too much power in turn the founders wanted them to observe having constitutional
limits to their powers (Magbley 43). It made them want the separation of authority and having
something to check ... Show more content on Helpwriting.net ...
So, in turn, the separation of powers separated into three governing entities legislative branch, the
executive branch, and the judiciary branch. The legislature is responsible for making laws and
making sure there is sufficient money to operate the government (An overview). The executive
branch is responsible for the applying and running the public policy passed, and the legislature
branch funds it(An Overview). "The judiciary branch is responsible for construing the constitution,
laws and applying their interpretation to controversies brought be for it" (An Overview). The reason
for the distribution among the three branches was to save the people from autocracy (Magleby 45).
The founding fathers wanted a system to have check and balance to avoid concentration of power.
The system would give each branch the constitutional power to check the other branches (Magbley,
43). "Madison said it best "Ambition must be made to counteract ambition" (Magbley43). The
framers made a great decision in ensuring that a majority of the voters could win control over only a
part of the government at a time (Magleby

Examples Of Separation Of Power
The American Examples
The Separation of Powers devised by the smallholders of the Constitution was designed to do one
primary thing: to prevent the majority from ruling with an iron fist. Based on their experience, the
smallholders pushed away from giving any branch of the new government too much power. The
separation of powers provides a system of shared power known as Checks and Balances. Three
branches are created by the Constitution. The Legislative, composed of the House and Senate, is set
up in Article 1. The Executive, composed of the President, Vice President, and the Departments, is
set up in Article 2. The Judicial, composed of the federal courts and the Supreme Court, is set up in
Article 3.
The separation of powers also connects ... Show more content on Helpwriting.net ...
Plaintiff, Mr. Chadha, challenged a provision of the Immigration and Nationality Act ("Act") that
allowed one house of Congress, by resolution, to invalidate and thus, veto the decision of the
Executive branch to allow a particular deportable alien to remain in the United States. The Act
authorized the Attorney General to suspend deportation if the alien met certain conditions,
deportation would result in "extreme hardship," and the Attorney General reported to Congress. The
Attorney General suspended Plaintiff's deportation pursuant to the Act and notified Congress. A year
and a half later, the House of Representatives passed a resolution stating that Plaintiff's deportation
should not be suspended. The House resolution was not submitted to the Senate or presented to the
President. The Court of Appeals held that the House action was unconstitutional as a violation of the
separation of powers. The bicameral requirement of Art. I, 1, 7, was of scarcely less concern to the
Framers than was the Presidential veto and indeed the two concepts are interdependent. By
providing that no law could take effect without the concurrence of the prescribed majority of the
Members of both Houses, the Framers reemphasized their belief, already remarked upon in
connection with the Presentment Clauses, that legislation

Ink After Separation : Ink Before Separation
|Activity:
Ink before separation:
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The above shows a line indicating the marker
Ink after separation:
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The above roughly indicates how the colors looked after the ink separated.
Introduction:
A substance is form of matter that has a constant chemical composition and can't be separated into
smaller particles. Similarly, a pure substance is a form of matter composed of a single type of
particle. A mixture is a combination of two or more substances that are not chemically combined
and do not have a fixed ratio. A homogeneous mixture is a mixture that looks the same throughout,
hinted by the prefix "homo–" which means same. Likewise, a heterogeneous mixture that can be
separated because of their ... Show more content on Helpwriting.net ...
Additional techniques include magnetic separation and chromatography. The former separates a
mixture with iron–containing substances with a magnet while the latter separates a liquid by their
pigmentation.
Knowing specific methods made it possible to separate the substances. This contributed to the
purpose of the experiment which was to determine what in the given mixture had the higher percent
composition by mass in the sand, salt, and iron mixture. The percent composition is determined by
dividing the mass of the mixture by the mass of a substance, and then dividing it by 100. The
hypothesis made was that in the given mixture, if the mass of the sand is the greatest, it has the
highest percent composition by mass because more of a substance would mean that it has more
composition in the mixture.
Methods and Materials:
A small mixture of iron filings, sand, and sodium chloride in a penny bottle was obtained. The initial
weight of the mixture was taken by setting a beaker on the scale, calibrating the scale, and then
adding in the mixture from the bottle. A bar of magnet was covered with a paper towel to ensure that

the iron filings would not stick to the magnet after it was used. The weight of a glass plate was
measured so that additional weight from the mixture could be easily calculated. The paper towel
covered magnet was moved around in beaker to collect iron filings and emptied onto the glass

Separation of Power
It should be remembered that the notion of the doctrine is in the assumptions that the three organs of
the government and its functions should be distinguishable from one another. The idea of
abandoning the notion of the doctrine means all functions of the government can be performed by
one organ for example executive takes all government functions like enacting the law, interpreting
the law, provides people's welfare, determines the rights of the people.
In our opinion, we do not wish to abandon the doctrine of separation of power but however, this
notion shall follow the Montesquieu approach as he provides for a separation of power that aims at
having separate institutions doing separate function by separate personnel and having the ... Show
more content on Helpwriting.net ...
Thus all legislative power is vested into congress, the executive power is in president, and the
judiciary power vested in the supreme court. Many of the other constitution around the world offers
some degree of separation of powers.
It controls administrative actions
Separation of power promotes efficiency in the administration. Through separation of powers, each
power of the government has to be assigned with their own duties, judiciary, also legislature, and
these duties should not be interfered. To say to control administrative action it means to control
executive from interfered with other organ duties, since administrative we mean executive. Example
executive not to control the duties of

The Division and Separation of Power
The Division and Separation of power are essential to keep our societies rulers to have a restriction
on their powers. The importance of each on the Australian domestic law especially in relation to the
rule of law, and protecting individual rights, and the legal system. The difference between the
division and separation of powers is small. The Division of power is one of the most important
aspects of the Constitution. This role is dividing power between the state and Commonwealth
parliaments. This division is separated into three powers, Residual, Concurrent, and Exclusive.
Residual powers are those powers that the states have in areas such as, health, transport and
policing, concurrent powers are those shared between the commonwealth government and state
governments. Areas such as Medicare funding .The Exclusive powers are those powers granted only
to the Commonwealth of Australia parliament. . Example in the Commonwealth of Australia Vs.
The state of Tasmania (1983) the commonwealth blocked the state from constructing a hydroelectric
dam in the world heritage listed Gordon river. The state claimed it was unconstitutional for the
commonwealth to block the dam because power generation was an area of state responsibility. The
commonwealth then argued that it did have power to block construction because Australia was
signatory to the convention for the protection of the world cultural and natural heritage (1972) it
argued that because this international agreement stipulated

Separation Lab Report
Title: Separation Lab
Purpose: The purpose of this lab was to successfully separate a mixture of iron filings, poppy seeds,
sand and salt.
Hypothesis: In my opinion, I think it is possible to successfully separate the mixture.
Procedure: 1. We got a Dixie cup with the mixture of iron fillings. 2. We got an iron magnet and
stirred it around the mixture in the Dixie cup to attract all the iron filings. 3. Then, we put all of the
iron filings that we separated into a evaporating dish. 4. Next, we added water to the Dixie cup. 5.
We took a spoon, and scooped out all the poppy seeds that floated to the top of the Dixie cup. 6. Get
... Show more content on Helpwriting.net ...
We used all the steps of the scientific method. For instance, in Question, we asked ourselves "How
do we successfully separate a mixture of iron filings, poppy seeds, sand, and salt. We researched the
topic at home to write our hypothesis. The information that we found helped us write our
hypothesis. Next, we wrote down our procedure based on the information that we found. The
information that we researched helped us write our procedure. We wrote down the specific
instructions to let us know what to do, when we got back in the lab. Then, we did our lab
experiment. We observed closely and recorded the data. Afterwards, we organized and evaluated our
data that we recorded; this process is called Data Analysis. We organized how each substance was
separated. Then, we used all the data that we collected and recorded to write our conclusion.
2. No, because this is the most correct and productive way to do the procedure without tampering
with the other substances. If, we did the procedure in any order, it would've been harder to separate
each substance, and some of the substances would've been

Separation Of Power Essay
When our country is faced with severe war debts, currency with no value, and no taxes to fund our
country in order to prevent our country from forcing our country and denizens into bankruptcy we
will issue several requirements and orders. First there will be uniform currency across the country
which will be converted from metals to paper. Each state will be responsible for the taxation of their
citizens, while the Federal government will be liable for taxing the states and their citizens in order
to maintain a functioning government. Congress shall be held responsible for the coining of money
and deciding its value, which will be agreed upon based in if there is enough gold to back in.
Military: In order to protect our country a federal military will be developed to ensure our ... Show
There will be three separate branches of power in order to remain democratic. Each state will be
represented by two houses known as the House of Representatives and Senate. The House of
Representatives will represent the states by population. For every two hundred citizens in each state,
there should be one representative. Senate will be represented with two representative per state. The
houses shall be known as Congress. Congress will create laws based on the needs of the states and
the nation as a whole. When voting on the law, the law must receive two thirds votes in both houses.
Once moved on from the houses, the law moves to the executive branch where the president will
either pass or veto the law. If the law is vetoed, the law must go back to the houses to receive a vote
of more than three fourths in both houses. The Congress shall be able to rid of the president if they
deem necessary. The Judicial branch will enforce the laws provided by the executive and legislative
branch. If the law is unconstitutional, then the judicial branch may be able to repeal the

Separation Of Powers Dbq
The Constitution of the United States was created to establish justice, form a more perfect union,
and establish domestic tranquility... But was it successful at protecting against possible tyranny
(cruel and oppressive government or rule)?
The Constitution provided many ways to prevent tyranny such as popular sovereignty, federalism,
etc., but this paper focuses on the two most important; checks and balances and separation of
powers. Separation of Powers was a brilliant idea, because it gave each branch of the government
certain powers that the other branches didn't have (Document D), and the other branches couldn't
take that power away from each other.
But how did each branch prevent each other from abusing that power? This is when checks

Separation Of Government Power
The founding founders, of the United States of America, had the foresight to understand that a
government's power should not be absolute and unchecked. With this in mind, they wrote the
Constitution to account for this. They divided the government into three branches with a different
function for each branch. The provisions of this are written in the first three Articles of the
Constitution. These Articles established a separation of power by dividing powers between the
following three branches: the Executive Branch, the Legislative Branch and the Judicial Branch. The
goal of dividing powers is to ensure that each branch of government is not more powerful than the
other. It also ensures that each branch is accountable to the other branch (The White, n.d.). This is
done through checks and balances where a branch can allow or deny the action of another branch.
The legislative Branch is covered under Article I. The Executive Branch is covered by Article II.
Article III covers the Legislative Powers.
The Legislative Branch is established by Article I. Its function is to enact legislation. This means
that this branch creates and processes laws. It is made up of a House of Representatives and a
Senate, and together they are known as Congress. Here are some highlights of what ... Show more
content on Helpwriting.net ...
It established the President as the head of state as well as the Commander in Chief of the military.
The following summarizes some of the provisions of Article II. The President approves, signs into
law, and enforces the laws passed by Congress. He appoints heads of federal commissions, as well
as members of the Judicial Branch. He appoints cabinet members who run the executive offices of
the federal government. These executives are confirmed by the Senate. While Congress can enact
bills, the President has the power to veto them. Also, the Vice President is a member of the
Executive Branch, but is also the President of the Senate (The White,

Federalism And The Separation Of Powers
Federalism is a way of organizing a nation so that two or more levels of government have formal
authority over the same area and people, ensuring that one does not become too powerful and aids in
the separation of powers. Liberty is a state of freedom within a society from oppressive restrictions
imposed by authority on one 's way of life, behavior, or political views. Although these two political
science terms are different, they correlate and interact with one another in the American Government
and are still relevant to contemporary policy issues faced today. James Madison 's The Federalist
No. 47 doctrine exemplifies this: "In order to form correct ideas on this important subject, it will be
proper to investigate the sense in which the preservation of liberty requires that the three great
departments of power should be separate and distinct."
Madison based the concept of federalism on the French lawyer Montesquieu 's theory of the
separation of powers. This theory states: "Were the executive power not to have a right of restraining
the encroachments of the legislative body, the latter would become despotic; for as it might arrogate
to itself what authority it pleased, it would soon destroy all the other powers." Madison, along with
the other Founding Fathers, took heed to this warning and created the three branches (executive,
legislative, and judicial). Although this system does provide a distinct separation, it does not call for
absolute separation. Instead, the

Separation Of A Mixture Lab
Separation of a Mixture
Purpose/Introduction
The purpose of this separation of a mixture lab is to give students the challenge of figuring out how
to separate a provided mixture, and following through with their procedure. The mixture is
composed of salt, sand, poppy seeds, and iron filings, and all of these components should be
separated and dried as well as possible by the end of the lab.
A pure substance is an element or compound with a constant composition, such as salt. Its
components stay in a fixed ratio to each other, and they can only be separated by relatively difficult
chemical means. A mixture is a physical combination of pure substances. Their compositions vary
and it is easy to physically separate them. Mixtures can be either homogeneous or heterogeneous.
A homogeneous mixture is a mixture whose composition is uniform throughout. A heterogeneous is
the opposite – its composition is not uniform throughout.
Percent of the composition =
Diatomic = two atoms
Nitric Oxide:
Nitrogen and Oxygen:
Filtration is the process of separating fluids (liquids or gases) from solids by choosing a solvent and
dissolving one component but not the other, so that the dissolved component will pass through a
filter and the other won't. An example of this is a filter in an air conditioner to keep certain particles
out of the air. Decanting separates mixtures by removing one layer of a liquid in which a precipitate
has formed so the remaining part of the solution is pure. If a

Separation Of Powers Research Paper
Without the Separation of Powers, the Nation would be lost. The Separation of Powers is defined as
"an act of vesting the Legislative, Executive, and Judicial powers of government in separate bodies."
So, to restate that, it's just our government (a Democracy) divided into three powers. These powers
include the Executive, Judicial, and Legislative. Each of these groups has different responsibilities
they need to fill in order for our government to function properly and with order. Without the
Separation of Powers, the nation would most likely be a Tyrannical government which, the founding
fathers did not want, and that's how the Separation of Powers was born.
The Separation of Powers was very important to our beloved Founding Fathers. They had to get
approval from all thirteen colonies and that took two long years. The Fathers had time to think and
luckily, the colonies finally agreed on creating the Constitution which thankfully, in the United
States case, helped form the idea of The Separation of Powers. Each branch of government is
different and has specific jobs to help the government effectively make better decisions and work
together in a proper manner. These different branches include; the legislative branch are where the
laws are created, budgets are passed, and wars are declared. Without the legislative branch it would
be hard to create laws, pass budgets, and declare war. The Executive branch enforces, or vetoes the
laws that the Legislative branch ... Show more content on Helpwriting.net ...
Gay marriage has been an issue in the world of politics for years, gay rights has so many states
frustrated because there was no organization and so states legalized gay marriage, some did not.
Many states saw it unfair that that they agreed to legalize it or not. The Branches decided to get rid
of all the chaos. They legalized it and now the chaos is back to

Separation Of Powers Of Power
Jaspal Singh
WRI 1. Sec 32
Rebeca Antoine
September 25, 2014
Separation of Powers
Separation of Powers is a system in which power is divided between three branches of government.
These branches consist of Legislative (Congress), Executive (President), and Judiciary (Supreme
Court). Each one of the branches is given a duty to fulfill. If one branch doesn't fulfill its duties, the
other branches can force that branch to fulfill it. There is another system that helps these branches of
government to check on each other and limit each other's powers. It is called Checks and Balances.
It helps each branch to limit the power of the other. Each branch has specific duties. The Legislative
branch is made to create or repeal laws. The Executive branch executes and enforces the law and the
Judiciary branch interprets the laws. The Separation of Powers prevents the power going to one
branch. The system prevents the abuse of the power given to each of the branches. The system was
used to limit the power of one branch for a reason, now it is used to make obstacles for bills that will
help the citizens of this country.
The Separation of Powers and Checks and Balances can be seen in action, when a new bill is getting
purposed, treaty is being made and when declaring the war against the foreign nation. When a bill
get purposed to become a law, it shows all three branches fulfilling their duties. The bill goes
through various phases before becoming a law. For instance, if Congress comes up

Separation Of Powers Dbq Essay
The founders of the Constitution had to make a document that would give powers to the people yet
also protect against one or more person getting too powerful. This is called tyranny, or a government
with absolute power. They protected against it by creating Federalism, Separation of powers, Checks
and balances, and Bicameral legislative. This allowed us to have a constitution that guards against
suppressive tyrants.
One of the guards against tyranny is Federalism. Federalism is the sharing of powers between
federal and state governments. This allows an equal balance of power that the states and the federal
governments have and share between one another. One example is that both state and federal can tax
money. Yet only the federal can coin ... Show more content on Helpwriting.net ...
This made it so the House of representation was distributed among states based on their population.
While in the senate, it was equally distributed with two representatives per a state. The Constitution
stated, "Representatives...shall be appointed...according to...population" and "the senate of the
United states shall be composed of two senators from each state"(Document D). This means that the
states would be represented in different ways. This would make the big and little states still want to
ratify the Constitution. It protects against tyranny as it allows the voices of the people to be heard.
Whether that is from the house or the senate, or by big or little states, it will still be had by voters.
This makes it so the government doesn't forget the people and

Separation of Powers in the Commowealth
This doctrine was formulated by French philosopher Montesquieu who theorized that abuse of
powers by the three branches would be checked through separating the branches functionally and
physically. This means no branch should perform function of the other and no person can hold office
simultaneously in the branches.
However, there are instances where state courts have influences from the decisions of cases in the
Commonwealth courts. In the ruling made in the case Kable v Director of public prosecution1996
189 CLR51.This case forbid states court exceeding federal jurisdiction. Therefore, State Supreme
courts rely on decisions of federal courts and vice versa (Harris, 2013).
In the separation of powers there is the doctrine that courts cannot be vested with non–judicial
power and federal judicial powers cannot be vested in a state court. It goes that if a court exercises
non–judicial power, then separation of powers will be violated. The states do not have explicit
separation of powers in their respective constitutions. Parliament is able to vest judicial federal
powers with non–judicial powers so long as they do not undermine their integrity. States courts can
still exercise their independence since they have some discretion in some matters.
Looking at the separation of powers in States such as Queensland, there are unique features.
Commonwealth Constitution confers separation of powers but States do not have constitutional
separation of powers. Influence of executive on

Essay On Separation Of Powers
When the Constitution was written, the ultimate goal of the Founding Fathers was to prevent
tyranny and oppressive government. In order to achieve this remarkable goal, the Founders made the
decision to adopt the concept of Separation of Powers. In the Constitution, Separation of Powers is
essentially the distribution of power among the three government branches: the legislative, the
executive, and the judicial. Despite how is has changed and grown, the concept of Separation of
Powers continues to be just as important as it was when the Founders wrote the Constitution because
of its raised relevance due to current issues.
The Separation of Powers was incredibly important to the Founders. For example, James Madison, a
Founding Father and author or many of the Federalist papers states that "The accumulation of all
powers, legislative, judiciary, in the hands, whether of one, a few, or many, and whether the
hereditary, ... Show more content on Helpwriting.net ...
Yet little do they know that there is a concept of government designed specifically for the purpose of
protecting them from tyranny. Separation of Powers and its counterpart, Checks and Balances, were
created to prevent dictatorship or monarchy. For example, Checks and Balances allows government
branches to "check" on each other, to make sure all of the branches of government remain
constitutional. In modern day, this is incredibly important, especially in occurrences such as when
Congress had not agreed on allowing same–sex marriage nationwide, but the Supreme Court,
finding this decision unconstitutional as it stripped citizens of their rights, in an act of Judicial
Review, declared that same–sex marriage would be allowed throughout America. Checks and
Balances and Separation of Powers both enabled the Judicial Branch to "check" on the others, and as
they found them deep in acts of unconstitutionality, the Judicial Branch was able to take

The Separation Of Powers
Separation of Powers
During the drafting of the United States Constitution at the Constitutional Convention of 1787, a
topic of most importance was the separation of power amongst the three branches of government:
the legislative, judicial, and executive. Following the end of the Constitutional Convention,
Alexander Hamilton, James Madison, and John Jay wrote a series of essays known as the Federalist
Papers promoting the ratification of the constitution. In it, they responded to the critique presented
by the people known as the anti–federalist. In Federalist Papers No. 47–49 & 51, James Madison
addresses the need to establish the separation of powers, but to further develop them with a system
of checks and balances that would help maintain ... Show more content on Helpwriting.net ...
Aside from specific rules and boundaries, there must also be overlap amongst the branches. The
clear lines are drawn to protect the branches from one another but Madison believes that "unless
these departments be so far connected and blended as to give to each a constitutional control over
the others, the degree of separation which the maxim requires, as essential to free government, can
never in practice be duly maintained" (Madison 1788, 300). Unless the branches are connected and
give each a constitutional control over the others we cannot maintain the separation essential to free
government. The anti–federalist believed that the framing of the state constitution just stating the
boundary lines between the branches was enough but something stronger is

Separation Of Mixtures
Separations of Mixture of Solids
The Purpose: To learn about the separation techniques that are based on the chemical properties of a
substance. Observe the separation of the mixtures and their component substances. Learning how to
compute the percentage a component makes up of the overall mix. The mixture contains iron filling,
sand, benzoic acid, and table salt. From the visual observation of the mixture, it looks like it has a
large amount of benzoic acid crystals compared to the others.
Procedure:
For this experiment, I used paper cups, 50 mL beaker, burner, the stand, weighted scale, magnet, and
the mixture of solids to separate sand, salt, iron and benzoic acid. The materials that were necessary
for this experiment were included in ... Show more content on Helpwriting.net ...
With the magnet they were separated quite easily. When almost boiling the sand, salt and benzoic
acid, it didn't seem like I was doing the right things. I could see the remnants of the benzoic acid
floating inside the beaker. It seemed like they were separated just fine, but not necessarily dissolved.
When doing the filtration part, the paper also was hard, because the crystals from the ben, acid were
already forming making it quite difficult to get everything out of the cup. It took me some time for
the salt to

Separation Of Power
There once was a time in American History, where people questioned the Articles of Confederation,
and how they were weak, so they demanded change. The Articles of Confederation were the
documents of government that we had before the actual Constitution; However, the Articles of
Confederation lacked many things, first of all, it gave the central government little power over the
states it governed.Secondly, the Articles of Confederation did not have separation of power at all.
Overall, the Articles left a loose and disorganized central government for the then 13 states. National
Rights are the rights we as Americans believe we are born with, they are:Life,Liberty, and the
Pursuit of Happiness.We also have Individual Rights are goals that we pursue without interference
by the gvernment.In modern times, Americans debate the issues of National or Individual rights, and
whether the Constitution has addressed our concerns. Currently, I feel the Constitution addresses
both Individual and National Right. ... Show more content on Helpwriting.net ...
In order to do so the government created a strong way to separate power within the nation. The
Constitution created 3 branches of government, the Legislative, the Judicial, and the Executive.
These 3 branches have different tasks, but they all have the same amount of power, so no 1 power is
stronger than the other. The Legislative Branch is congress, this is the one that writes debates for
congress and they suggest new laws and whether to pass them. The Judicial Branch is the Supreme
Court this is the side that makes decisions and they actually decide if a law is to be passed. The
Executive Branch is the President this is the one that enforces and supports the new laws that the
Legislative and Judicial branch pass. Those are the three branches of government that we have in
our nation, and so far everything is running rather very

The Doctrine Of Separation Of Power
The main objective of this essay is to explore whether the doctrine of separation of power is a vital
element of modern, democratic systems of government. At the same time, it will show the basic
points of working process in Australian legal system.
Callie Harvey declared that only under the condition that separation of power can be maintained
between parts of government, the democratic civilisation can be justly ruled. In fact, the legal
system in Australia is divided into three branches, which are based on the doctrine of separation of
power, with the main ambition that it works independently and cooperate to maintain the fairness
principle. According to the Constitution, the power will be authorised in the Queen, while the
Governor–General exercises and elects members of Parliament, which is given the legislative power
to make laws. In the Parliament, there is delegation of power between Commonwealth government
and State government; while under the Constitution, there is branches of power such as exclusive,
concurrent and residual power that have to follow when making laws. Because of the differences in
characteristics about demographic, living standards, etc. Therefore, each state can make laws,
regulations depending on state's elements and increase the effectiveness of laws in daily life.
Secondly, Governor–General also appoints Ministers and form the Cabinet, which has the power to
put laws into action, called executive power. Finally, the last branch is Judiciary,

Importance Of Separation Of Power
Since the beginning of America, our founding fathers have created the Constitution. It became clear
that a country running on a democracy system must divide the powers within the government and its
people. The people are able to vote for a candidate either as the president or any other government
official while the government creates the laws to keep order. This is where the Separations of Power
comes in. The Separation of Powers allow each of the three branches ( Legislative, Executive, and
Judicial) of the government to look after each other assigning each branch to look after each other.
This is called Checks and Balances. You could say it is the " basis for our government " ( Schifino
4). This is important to the united states as it does not authorize the government to have too much
power. Each branch has a specific role to partake in the government. No branch can "encroach on
the authority of another branch" ( O'CONNELL 898 ).The problem is certain branches may have
more power than other branches. The Judicial branch establishes the supreme court and defines
jurisdiction meaning they have the official power to make legal decisions and judgment . They
consist of federal courts and makes decisions on laws that deal with the federal government. They
can declare the laws created by the legislative unconstitutional giving them power over the
Legislative Branch. Not only that, they have power over the Judicial branch by being able to issue a
warrant to the executive branch

Separation Of Powers Essay
The notion Separation of Powers was put into place with one single objective: to keep any form of
authority or government establishment from ruling with an iron fist. Once America gained her
independence from monarchal Britain, the framers made sure that no one branch or person could
have too much power. Thus, this system of separation of powers was divided into three government
branches, each of which was designated certain individual powers. This system, also known as
Checks and Balances, proposed by the Founding Fathers of the United States of America, is
embodied in the U.S. Constitution in the 1st, 2nd and 3rd articles. These powers are allocated in
such a way that each branch must "check" the other, keeping their respective powers limited and
further upholding the ... Show more content on Helpwriting.net ...
Composed of the House and Senate, this ten–section article clearly defines their rules, elections,
legislative processes, powers and limits, etc. The main task of the legislative branch is to create and
pass laws. The second article defines the executive branch; the powers of the president, civilian
power over military, the presidential cabinet, pardoning, appointments, as well as what may
disqualify the president, vice president or any civil officer from his or her position of power,
resulting in removal from office. The third article, the judicial branch, illustrates judicial powers,
statutes of jurisdiction and trial by jury, and treason. All federal and supreme courts, which make up
the judicial branch, should settle any dispute presented to them free of prejudice or partiality; they
are essentially responsible for enforcing the law ("Separation of Powers –– An Overview"). So how
is it then that these branches prohibit each other from becoming too dominant? For instance, the
executive branch has the power to veto any bill that is passed by the Congress (legislative branch).
However, when the president appoints Supreme Court judges, departmental secretaries or any other

Examples Of Separation Of Power
Separation of Powers: Framework for Freedom
Most Americans are aware that the United States government is divided into three branches being
legislative, executive, and judiciary––even a third grade American child could recite these branches
off the top of their head; however, many do not realize how detrimental it would be to the United
States to have a system of government void of a division of powers. Special individuals like Baron
Montesquieu, and James Madison established the framework for freedom when they dreamed of a
government with a separation of powers, namely, checks and balances. This separation, ultimately,
acting as the key to prolong our freedom–– the freedom or political liberty that still resides in the
United States today. ... Show more content on Helpwriting.net ...
51, James Madison continues to say, "In framing a government which is to be administered by men
over men, the great difficulty lies in this: you must first enable the government to control the
governed; and in the next place oblige it to control itself." He thought that the framework for
political liberty could only remain if the people of the nation follow what is written in the
Constitution. The success of a nation truly depends on the people's willingness to follow. The people
have to follow the ruling of the government, and the government has to rule with the good–interest
of the people in mind ––avoiding corruption. Americans should constantly strive to follow our
written laws, to maintain our freedom, and to further our rights as citizens. This is the only manner
in which America will continue to be a constitutional democracy. We must share our powers for the
well–being of the

Separation Of Powers
To the People of the State New York: To what extent would we have to go to be able to properly lay
the divisions of power in the government and implement the separation of powers as written in the
Constitution? We must analyze the structure of government to find a means of keeping departments
in check. So we can develop this theory, some observations will be noted in order to shape a clearer
idea on the structure of government. For a strong substructure to be established for the separate
powers of government, each branch must have a different purpose so that members of each
department would not be sharing control over the same appointments. If this rule were strictly
enforced, then every branch judicial, executive, and legislative would ... Show more content on
Helpwriting.net ...
The best control is undoubtedly for the government to depend on the will of the people For the
private interests of every person to be held higher than public rights it is necessary to arrange
distribute power accordingly so that they may check each other and balance out. Dividing power
between each branch equally is impossible. The legislative branch tends to be the most dominant. To
solve this is for the legislature to be divided into two different branches as stated in the Constitution:
Congress is split into The House of Representatives and the Senate. This is necessary to ensure
security against the possibility of legislative dictatorship. If these principles are followed
accordingly and applied as a standard for both State and federal constitution it is known that the
general government is closer for passing the ability of self–defense for each branch than the State
government. There are also two things to make note of that are befitting to the federal system. First,
America is a not a single republic where the power of the people is given to a single structure of
government. Therefore, more security is needed for the public rights to not be violated. Each
government would restrain itself and each other. Second, there are two ways to defend oneself
against the evil of a majority faction: either by having citizens emerging with their own opinions

Separation Of Power Dbq
Separation of powers, checks and balances, and federalism are ways the government doesn't have
too much power. Separation of powers makes sure no one gets too much power. Checks and
Balances makes sure the three branches can monitor each other. Federalism is a system of
government where the states government shares power with the national government. The founders
of the constitution included the principles of separation of powers, checks and balances, and
federalism in order to prevent the government from being too powerful.
Separation of power was the first way the founders prevented tyranny. In document 1 the text states
¨the founding fathers created government that was separated into three branches.¨ This shows that no
branch would have ... Show more content on Helpwriting.net ...
In document 2 an example of checks and balances is ¨After Civil War President Andrew Johnson
vetoed over 20 bills.¨ In conclusion, Checks and Balances was the second way the founders
prevented tyranny and the division of offices.
Federalism is the last way the founders prevented tyranny. In evidence A the text states ¨the people
divided between two distinct governments.¨ This shows that power was divided. In evidence A the
text states ¨the different governments will each control each other.¨ This shows that each
government can control itself and the other governments. In conclusion, Federalism was the last way
the founders prevented tyranny and prevented too much power being given.
In the end this how the founders of the constitution included the priniples of separation of powers,
checks and balances, and federalism in order to prevented tyranny. Separation of powers was made
to make sure no one gets too much power. Checks and Balances makes sure the three branches can
check and monitor each other. Federalism is a type of government when the state government shares
power with the national government. The founders of the constitution included separation of powers,
checks and balances, and federalism in order to prevent the government from being too

The Theory Of Separation Of Power
The concept of separation of power suggests that the branches of the state; the executive, legislature
and the judiciary be divided in terms of their functions and members likewise in other to prevent
abuse of power or external influences. In 1748, Montesquieu made a statement which today is
regarded as one of the clearest explanations of separation of powers, 'When the legislative and
executive powers are united in the same person, or in the same body of magistrates, there can be no
liberty... there is no liberty if the powers of judging is not separated from the legislative and
executive... there would be an end to everything, if the same man or the same body... were to
exercise those three powers'. The functions of the legislative ... Show more content on
Helpwriting.net ...
To highlight the fact that there is no clear cut boundaries within the articles, leaving scope for
judicial interpretation.
Section 3 of the Human Rights Act 1998, imposes a duty on the court that says whenever judges are
looking at a legislation which has been passed by the parliament, the judges have a new duty of
statutory interpretation, which requires that they try to interpret the piece of law as being compatible
with the convention 'in so far as it is possible to do so'. However, if the judges look at the legislation
and remain unable to find to way to make the law compatible, in those circumstances the court could
make a 'declaration of incompatibility', Section 4. An importance case which portrays the power of
the judges and also provides a better understanding of Section 3 of the Human Rights Act 1998, is
the Ghaidan v Godin–Mendoza [2004] UKHL 30. In this case, the claimant being the landlord,
Ahmad Ghaidan, brought proceedings in the West London County Court against Mr Godin–
Mendoza who was claiming possession of the flat which before the demise of his spouse, Mr
Wallwyn–Jame, was their resident home. The defendant, Mr Godin–Mendoza, argued that he had
rights over the flat as he was the surviving spouse of the deceased, under The Rent Act 1977
Schedule 1 Paragraph 2. Judge Cowell ruled in favour of the claimant, Ahmad Ghaidan, on the
grounds that Mr Godin–Mendoza

The Constitution and the Separation of Powers
One of the earliest ideas of separating powers came in the 1600's and is evidenced by the idea that
the parliament then is what we would consider today as being the Legislative branch of government
since it was in charge of taxes. To be a king in those days would be similar to the Executive branch,
as the king conducted wars and enforced the law. However, credit is often given to Baron de
Montesquieu, a French philosopher. According to the authors of our text book, John Locke initially
desired there to be to branches of government, a legislative branch to create the laws and an
executive branch to enforce the laws. Montesquieu then supplemented Locke's idea by adding a
judiciary branch to resolve conflicts that the two branches by incur.
When written, the Constitution laid out the basis for the separation of powers. In order to prevent
any one branch of having complete control and power, each of the branches of government has
certain powers and responsibilities in order to keep each other from exerting too much power. This
is known as checks and balances.
The first branch of government we will be looking at is the legislative branch. The legislative branch
of government is responsible for making and passing laws and is more commonly known as
Congress. Keeping in the nature of checks and balances, Congress has been granted certain powers
to make sure that the judiciary branch and the executive branches do not abuse their power.
One of the more robust powers that Congress

Separation Of Powers Of Government
I chose to write my paper on the Separated Powers. I felt that this was a crucial and very important
piece in the Federalist Papers but also what makes this world work. It has been over two hundred
years since the Founding Fathers gathered in Philadelphia, PA to rewrite the constitution, while
rewriting the Constitution, there was one change that they wanted to make most of all and that was
within the new government there would be a Separation of Powers of each branch of government.
They wanted to develop a system that was fair and equal to all and the other part was making a
government that was centered around the Federal government and instead of being centered solely
around the state. In order to accomplish this kind of a government it ... Show more content on
Helpwriting.net ...
Each branch serves a function and a purpose. The separation of powers is important because it keeps
out absolute powers. If we did not have this separation of powers the government would be weak,
they wouldn't be able to enforce their own laws because they would be worrying about state laws
verses federal laws, instead of keeping everything separated. It would not be fair if we all had one
ruler that makes and decides all the laws and runs the country. I think the most important thing that
the separation of powers does is that is allows the government to make the right decisions, but also
hear other people's opinions and take these opinions into consideration. The individuals that are in
charge must be able to come to an agreement to the laws and pass these powers together. James
Madison described the separation of powers by stating that, "There can be no liberty where the
legislative and executive powers are united in the same person or if the power of judging be not
separated from the legislative and executive powers." Based on this statement of James Madison, it
clearly shows that a separation of these powers was essential in order for there to be a sense of
independence between each of these three branches and powers because if there was no liberty
between these branches and powers there would be no equality or fairness in the laws. The first
three articles of the Constitution of the United States of America create the framework

Separations Of Powers In Australia Essay
In the Constitution of the Commonwealth of Australia, exists a doctrine called the separation of
powers. This doctrine exists to ensure that no single body of government, is in a position to hold all
the power in the nation, when making decision's which can be detrimental to others. Yet at the same
time Australia does not use doctrine of separations of powers as strictly as other countries. It is the
intention of this essay to see how the doctrine of separations of power operates in Australia, then
compare it to another country. To see how it operates there and to view differences and similarities
which exist between these two countries.
To first understand why the doctrine of separations of powers operates differently in Australia, we
first must establish what exactly the Separations of powers is. As such the Separations of Powers
doctrine, can basically be expressed as separating the three major bodies of government, to reduce
the likelihood of one body obtaining all the power in the government . The three bodies of
government comprise of: the Legislative, the Executive and the Judicial. The Legislative body
comprises up of parliament and their main role is to make the laws. The Executive role is to enforce
the laws and they are made up of the Prime Minister and ... Show more content on Helpwriting.net
...
This is caused by the section 64 in the Constitution of the commonwealth of Australia, as section 64
states that all Federal Ministers must have sat in Parliament. This can be simply expressed, as all
ministers of Australia's must have sat in the Lower House of Representatives, according to section
64 of the Constitution. The Lower House of Representatives is part of the Legislative body, while
ministers of Australia are part of the executive body. This clearly establishes that the executive and
legislative bodies overlap, meaning that Australia does not possess a true separation of

Separation Of Government
The Great Separation Of God And Government
Everyday our minds are being filled with conflicting ideas. A wall is being built between religion
and reason. This is the truth about the separation of church and state. Religion is a big aspect of life
in the U.S., recent statistics show that on average 72% of adults in the U.S. profess a belief in God.
The conflict between reason and right goes hand in hand in this country. Everyday those who live
life with religion are being tested by people that challenge their beliefs, infringe on their personal
freedom, and try to force their own beliefs into the minds of others.
This became an issue in the 1700's and continues to be an issue today. Because religion is being
controlled by government, ... Show more content on Helpwriting.net ...
I am sure that at some point in life we have all argued a topic with another person and known that
we are right, so we try to convince them that what they believe is right is actually wrong. This is
what happens when we try to define separation of church and state. What we have now is not a
separation of church and state, but a regulation of religion. There is no actual proof of a defined
separation of church and state in the constitution, but instead an idea of one created by Thomas
Jefferson in a letter written while he was president . Then there is "the enlightenment view which
emphasized liberty of conscience in religious matters and implied a minimum of state involvement
with religion"(Menendez). Although people still try to force their beliefs on others and justify it by
saying that it is written in the constitution. If that was not bad enough, people are being treated as
ignorant for having a belief in God. This separation split this country and created a vast division
between its

The Doctrine Of The Separation Of Power
Plan
In this essay I will be explaining how the doctrine of the separation of powers has been
compromised to a less extent in the nation like Australia. The first section will constitute in
exploring the history and the significance of the separation of the power doctrine. In the second
section I will discuss about the compromise of the doctrine, especially between the administrator
and the legislature with some good cases held in high court. Besides, some clarification will be
provided to explain how the philosophical system of separation of power is being compromised.
This estimate will be supported by the depth psychology of several examples and articles where the
doctrine has been compromised concluding that the total separation of the power is merely a myth
but as well in spite of that the doctrine protects the individual rights.
Information will be gathered from legitimate sources as reflected in the references so as to approach
this essay in an academic way. I have segmented my work over 3 weeks, commencing my research
work and preparing my plan on week5, gathering relevant cases and information from books,
articles and also from web during week6 and starting my essay on week7 so that it will be finished
on time.
Word Count: 206
Discuss
'It is well–known that the Separation of Powers doctrine is sine qua non for maintaining the rule of
law however, an absolute separation of power does not exist in the Australian legal system.'
The Doctrine of the Separation of

Federalism And Separation Of Power
In 18th century America, delegates representing twelve of the thirteen states gathered in
Philadelphia to correct the national government. At the time, the existing government, which was
under the Articles of Confederation, was too weak and not doing the job required to administer the
new nation. On the other hand, representatives from the states tried to create a strong internal
government without allowing one person, or party, to gain too much power. Consequently, the
framers of the Constitution took various precautions in order to prevent tyranny within the
government. Guards like; checks and balances, Federalism, separation of powers, and the balance of
power between small and large were implemented by the delegates in hopes of preventing ... Show
In addition, the Constitution states that "liberty requires that the three great departments of power
should be separate and distinct", implying that the Legislative Branch [Congress; House of
Representatives and Senate] should be completely unrelated, in terms of responsibility, to the
Executive [President] and the Judiciary [courts]. Although different in responsibility, the three
branches are equal in power and all take part in federal processes. While the Legislative Branch
creates laws, the Executive can choose to enforce laws made by Congress. However, if the nature of
the law(s) are questionable, the Judiciary can step in and declare the act as unconstitutional. Similar
to Federalism, all branches have specific checks on each other in order to balance power. For
example, the Executive has the ability to to appoint justices to the courts, with the approval of
congress. However, Congress can impeach a president or judge if they have committed an act of
treason. In turn, the Judicial Branch can declare laws and acts created by the Congress as
unconstitutional. To summarize, separation of powers can help guard against tyranny by preventing
the accumulation of powers, for "the accumulation of all powers... in the same hands, whether one, a
few or, many... may be justly pronounced the very definition of tyranny"; To put the powers of

Separation Of Powers Dbq
The U.S constitution guards against tyranny through the separations of powers. This claim is true
because the constitution was made in order to avert another tyrannical form of government from
ever taking place again through the allocation of governmental powers. An example of the division
of powers is seen in the Federalist #51 as the document states, "... the power surrendered by the
people is first divided between two distinct governments, & the portion allotted to each subdivided
among distinct and separate departments" (Doc. A). These direct words from the Federalist #51
basically state that the power of the government which is given by the people is divided into
national and state powers and then furthermore divided into smaller sub powers.

Montesquieu Separation Of Power
Charles de Montesquieu –"To become truly great, one has to stand with people, not above them."
The separation of powers is a doctrine for the administration of both democratic and federative
states. The model was initially created in old Greece and came into broad utilization by the Roman
Republic as a feature of the uncodified Constitution of the Roman Republic. The concept of
separation of power has developed in a few structures at distinctive periods. Its cause is traceable to
Aristotle and Plato. In around seventeenth century, a French thinker John Bodin and a British
government official Locke, communicated their perspectives about the hypothesis of separation of
powers. Be that as it may, it was Montesquieu who surprisingly figured this precept methodically,
logically and plainly in his book 'Esprit des Lois' (The Spirit of the Laws), distributed in the year
1748.
Montesquieu in the following words stated the Doctrine of Separation of Powers–
"There would be an end of everything, were the same man or same body, whether of the nobles or of
the people, to exercise those three powers, that of enacting laws, that of executing the public
resolutions, and of trying the causes of individuals."
Through his principle Montesquieu attempted to clarify that the union of the executive and ... Show
The idea of Separation of Powers is one such measure. The reason behind the Separation of Powers
is that when a solitary individual or gathering has a lot of control or power, they can get to be
hazardous to residents. Separation of Power is a strategy for evacuating the measure of force in any
bunch's hands, thus, making it harder to mishandle. It is for the most part acknowledged that there
are three primary classifications of administrative

The Principle Of Separation Of Power
Our Founding Fathers were no strangers to the long standing care of a government. Throughout
history it has been proven over and over that when any one person is allowed to obtain and stockpile
power that he/she becomes the greatest threat to liberty. It is no wonder that the most famous and
treasured part of the Constitution, the separation of powers, was molded over hundreds of years.
The idea of separation of power is not necessarily a new concept. As far back as 350 B.C. the Greek
philosopher Aristotle made the observation in Politics that any government whether it be monarchal,
democratic, and etc. has three basic branches: "the deliberative, the magisterial, and the judicative."
Today all three can be directly compared to: legislative, executive, and judicial within our modern
day governments. However, while Aristotle asserted that all three were basic components to any and
all governments, he did not specify that they should be wielded by separate entities of said
governments.
It would not be until centuries after Aristotle's death that his idea of the different functions of
government would be separated into different branches. It was the French philosopher Baron de
Montesquieu put forth the idea that these powers should be separated, and no one person/branch
should hold multiple powers. Of course while John Locke had made the case for splitting the
legislative and executive powers, it was Montesquieu that gave our Founding Fathers the proof
and/or backing for a

Rule Of Law And Separation Of Powers

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