chapter  5
18 Pages

Separation of Powers

Introduction: what is meant by Separation of Powers? In democracies, there are three sorts of power. The fi rst is the Legislative (also known as the Legislature), which makes laws. The second is the Executive (Government), which makes peace or war, sends or receives embassies, establishes the public security, and provides against invasions in respect of things dependent on the law of nations; and the executive in regard to matters that depend on the civil law. The third is the Judiciary (or Judicature), which can punish criminals or determine disputes in civil law between individuals. In Chapter 1 , you learnt about general constitutional principles and the Rule of Law . This will be used as a basis for your knowledge and you may wish to have another look at Chapter 1 , which introduced you to the general principles of the Rule of Law and the Separation of Powers. This chapter will build on this knowledge, and focus on ‘checks and balances’ of the Executive by Parliament (the Legislature) and judicial control (the Judicature).