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separation of powers
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Lecture notes of 4 pages for the course Public Law at UoP (class notes)
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Public law- week 3What is separation of powers
- Charles Montesquieu 1748- ‘ 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 if 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 clue is essentially in the name : the principle dictates that the authorities in power
should share the power
- this requires them to exist as separate, individual institutions that are independent of each
other
- authoritative power should not end up residing with one particular individual/ institution
the three branches of the state
- legislature/ legislative branch – institution that makes and passes laws
- executive branch – institute runs the country, makes important decisions, and decides if any
changes need to be made about the way we do things
- judiciary/ judicial branch – institute that sorts out any legal disputes , interprets applies and
upholds the law
why is it important
a system of checks and balances
- parliament and judiciary ensure Government are doing a good job and are acting lawfully
stops the concentration power
efficiency & good decision making
- judges are not politicians, so should not propose and vote on laws
- politicians are not judges, and should not enforce or interpret laws
- the PM/Cabinet/Government cannot objectively ‘check’ its own work
what would happen without it
This can lead to totalitarianism
- executive makes laws according to their own desires, and does not apply the law to
themselves but only to those who displease them/dissent
Henry VIII ( and many more Monarchs!)
- changing laws/ reforming church to suit own needs
- a lot of executions
Joseph Stalin
- executed people who did not conform with the state
Adolf Hitler
- passed laws to achieve persecution of minorities
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