The document discusses the separation of powers as it relates to Commonwealth Caribbean countries. It outlines that there are three arms of government - the executive, legislature, and judiciary - with the executive formulating policy, the legislature making laws, and the judiciary adjudicating disputes. The concept of separation of powers originated with Aristotle and was later expanded on by Montesquieu, who argued the powers must be separated to prevent arbitrary rule and tyranny. While the UK model has near-complete fusion of the executive and legislature, Commonwealth Caribbean countries aim to maintain independence between the branches through checks and balances.

1. seperation of powers as it relates to the commonwealth caribbean

2. introduction • there are 3 arms of government • the executive,the legislature,the judiciary • the executive-formulation of politics • the legislature-makes laws • the judiciary-adjudicates disputes

3. definition • basically means that there should be a clear demarkation of powers

4. origin • traced to Aristole • he proclaimed the virtue of power being distributed among the 3 bodies • the classic expression of necessity is however traced to Baron Montesquieu

5. Montesquieu • he states that if all the powers are combined there would be no liberty • he states if this seperation doesn't occur there would be arbitrary rule • he states there will be an overlap but there should NEVER be a full fusion • his doctrine formed the basis of the unwritten constitution of the us

6. In The UK • there is a near complete fusion of the executive and the legislature • Lord Hailsham refers to it as 'elective dictatorship' • supporters points out there has never been any tyanny • there are checks and balances • government can be called to account through questions and answer

7. continued.. • the judiciary can exercise control over the executive by judicial review • the West Minister model carries no seperation in the traditional sense • its actually a symbolic relationship between the various organs

8. examples of those who moved across the arms • david simmons of barbados-moved from executive-legislative-judiciary • carl rattray of jammaica- moved from legislature-judiciary • bryan alleyne of dominica-moved from legislature to judiciary • keith massiah of guyana-moved from judiciary-legislature • michael barnett of bahamas- moved from legislature to judiciary

9. independence of the judiciary • they cant be members of house of assembly or senate • judges should not make political statements • should not take part in activities that are politically inclined • they have security of tenure • they are paid from a consolidated fund of which parliament has no control

10. continuation... • they cannot be removed from office for political reasons • free to decide cases as they see fit due to interpretation of the statute

11. practice question 1 • the doctrine of the seperation of powers is more a fiction than a... • ...reality.discuss this statement with reference to the constitution of... • ....your state(25 marks)

12. practice question 2 • to what extent is seperation if powers a reality in a commonwelath... • ....caribbean state of your choice(10marks)

13. thank you for watching