SEPARATION OF POWERS
SEPARATION OF POWERS & JUDICIAL ACTIVISM
The doctrine of Separation of Powers deals with the mutual relations among the three organs of the Government namely legislature, executive and judiciary. The origin of this principle goes back to the period of Plato and Aristotle. It was Aristotle who for the first time classified the functions of the Government into three categories viz., deliberative, magisterial and judicial. Locks categorized the powers of the Government into three parts namely: continuous executive power, discontinuous legislative power and federative power. “Continuous executive power” implies the executive and the judicial power, “discontinuous legislative power” implies the rule making power, federative power‟ signifies the power regulating the foreign affairs. The French Jurist Montesquieu in his book Spirit of Laws published in 1748, for the first time enunciated the principle of separation of powers. That’s why he is known as modern exponent of this theory. Montesquieu`s doctrine, in essence, signifies the fact that one person or body of persons should not exercise all the three powers of the Government viz. legislative, executive and judiciary.
In the view of Montesquieu: “When the legislative and executive powers are united in the same person, or in the same body or Magistrate, there can be no liberty. Again, there is no liberty if the judicial power is not separated from the Legislative and Executive power.
The man object behind the theory of separation of powers is to protect the people again capricious tyrannical and whimsical powers of the State.
Separation of powers in United Kingdom: The famous English Jurist Blackstone supported the doctrine of Montesquieu. According to him, “where ever the right of making and enforcing the Law is vested in the same man or in the same body of men there can be no liberty”. During the 17th century in England Parliament exercised legislative powers. The King exercised executive powers, and the Courts
The doctrine of Separation of Powers deals with the mutual relations among the three organs of the Government namely legislature, executive and judiciary. The origin of this principle goes back to the period of Plato and Aristotle. It was Aristotle who for the first time classified the functions of the Government into three categories viz., deliberative, magisterial and judicial. Locks categorized the powers of the Government into three parts namely: continuous executive power, discontinuous legislative power and federative power. “Continuous executive power” implies the executive and the judicial power, “discontinuous legislative power” implies the rule making power, federative power‟ signifies the power regulating the foreign affairs. The French Jurist Montesquieu in his book Spirit of Laws published in 1748, for the first time enunciated the principle of separation of powers. That’s why he is known as modern exponent of this theory. Montesquieu`s doctrine, in essence, signifies the fact that one person or body of persons should not exercise all the three powers of the Government viz. legislative, executive and judiciary.
In the view of Montesquieu: “When the legislative and executive powers are united in the same person, or in the same body or Magistrate, there can be no liberty. Again, there is no liberty if the judicial power is not separated from the Legislative and Executive power.
The man object behind the theory of separation of powers is to protect the people again capricious tyrannical and whimsical powers of the State.
Separation of powers in United Kingdom: The famous English Jurist Blackstone supported the doctrine of Montesquieu. According to him, “where ever the right of making and enforcing the Law is vested in the same man or in the same body of men there can be no liberty”. During the 17th century in England Parliament exercised legislative powers. The King exercised executive powers, and the Courts