Separation of Power Essay
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…
It avoids infringement of people’s liberty.
According to Montesquieu he had a view that if the legislative and executive power is united in the same person or in the same person in the same body of magistrate there cannot be liberty. This is due to the reason that apprehension may arise if the same monarchy or senate should enact tyrannical laws, to execute them in tyrannical manner. There is also no liberty if the judicial power cannot be separated from the legislative and executive, because the life and liberty of the people would then be subject to arbitrary control for the judge would then be a legislator. When judiciary power is not separate from the executive power the life of man will be faced with violence and oppression. Therefore in order to avoid that infringement of people’s rights there should be separation of powers.
It plays a major role in the formation of the constitution.
The separation of powers plays a great role in formation of the constitution to the extent power can be and should be separate and distinct. Good example is