The Oxford Handbook of Comparative Constitutional Law
- meaning of separation of powers
- separation of powers in the caribbean
- separation of powers or distribution of powers?
- the judiciary
- parliament/the legislation
- the executive
- the sentencing function
- separation of powers and power to grant bail
- ad hominem principle & relevant ca...
Constitutional Law Separation of Powers
Meaning of SOP
• if constitutions distribute and regulate govt power then SOP of those powers
is fundamental
• Ahnee v DPP 1999
• the constitution gave to each arm of govt such powers as were deemed to be
necessary in order to discharge the functions of a legislature, an executive, and
a judiciary
• to ensure a separation of powers, the government is made up of three branches:
1. legislative
2. executive
3. judiciary
• functions of SOP:
1. to ensure the government is effective and citizens’ rights /democracy are
protected, each branch has its own powers and responsibilities, including
working with the other branches
2. legal incompatibility of office holding as between members of one branch of
govt and those of another, with or without the physical separation of persons
3. one organ should not inappropriately interfere with the functions of other
organs
4. checks and balances of one branch by the action of another
• types of SOP:
• inter-branch
• executive, legislature, judiciary
• intra=branch
• separation within each branch of govt
• i.e. separation between superior court jurisdiction and summary court
jurisdiction
• i.e. separation of parliament, House of Reps and Senators
• pros
• it demarcates functions and personnel
• it ensures good governance, democracy, and rule of law
• without it there can be no liberty
• where the legislature and exec powers are united
• where the role of the judiciary is not separated
• provides for checks and balances
• ensures on one body is permitted to exercise more power than what the law
prescribes them (ROL)
KMB 1 of 10
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller kbrown. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $3.49. You're not tied to anything after your purchase.
