SEPARATION OF POWERS IN INDIA Name: Navya Chopra Roll no.: 42 Section: B ACKNOWLEDGMENT I am glad to present the project on “The Separation of Powers in India”. This project would not have been completed without the support of my family and friends who encouraged and challenged me throughout. Who shared and exchanged ideas for the completion of the project. They never accepted less than my best effort. I would also like to acknowledge and extend my heartfelt gratitude to my teacher
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explores the concept of the ‘separation of powers’ doctrine and how this is embedded within the ‘Commonwealth Constitution’. It also states that Australia is a ‘constitutional democracy’. To address the meaning of this statement it is important to separate the statement into individual questions. What is a constitutional democracy? What is the doctrine of separation of powers? And lastly‚ what are the three parts that make up the separation of powers doctrine‚ and how does this operate in Australia
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Power fuels every motion man can make‚ but how one uses the power is how the motion is defined. Power itself is the ability of persons or institutions to control policy (Chapter 1 p.18 We the People). A general political power shares this ability and acts on a voted result. In a general political power‚ the officials are powered by the majority and constitution they abide by. For example‚ power is exercised off the politicians own rights as a result of constitutional and legal grants of the said
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explained how the new world would be governed. The leaders of the colonies wanted a strong but fair national government. However‚ they wanted to enforce individual freedoms in the states and prevent the government from abusing its power. The way they went about doing this is by creating three separate branches of government‚ which consisted of the executive‚ legislative‚ and judicial. The system of Checks and Balances was also created‚ which gave each branch a certain amount of power over the other
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Representatives and the Senate. This branch’s powers include passing laws‚ originating spending bills‚ impeaching officials‚ and approving treaties. The Judicial branch‚ headed by the Supreme Court‚ is in charge of deciding the meaning of laws‚
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totally in agreement with Thomas that checks and balances are very important to our democratic government. In fact‚ it would be very hard to accomplish a sustained society that does not operate through checks and balances. However‚ these tools cannot be relied on‚ as authoritarian and totalitarian have their ways to overrider them and create an unsustainable society. Further along‚ Thomas expressed that with each president in office‚ they can use their power for good‚ while their predecessor can
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or eliminating “rights” on its own whim or on wholly ethereal grounds‚ the article posits that future circumstances may justifiably provoke and‚ indeed‚ necessitate the Supreme Court’s development of unenumerated rights‚ even if they are not spelled out in legislation or endorsed by referendum. In order to put the current Supreme Court’s attitude toward unenumerated rights in context‚ it is first necessary to review the development of the jurisprudence in this area. Initially‚ very little litigation
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limits on the power of the majority and safeguarded the rights of the minority. The Bill of Rights also provides safety for the minority and does not allow the majority to exceed their power. The paradox of democracy‚ the Founding Fathers‚ and checks and balances along with the U.S. Constitution provide limits on the power of the majority and safeguard the rights of the minority. The paradox of democracy is the “potential for conflict between
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The doctrine of the separation of powers is one extending back hundreds of years. It is a doctrine‚ which has had a significant impact on the Australian constitutional system‚ and is consequently reflected within it. However‚ this essay argues that the doctrine has‚ to a degree‚ been tempered by the recognition of responsible government‚ despite its obvious reflection in the Cth Constitution. This essay will also discuss the separation of judicial power principles as part of the overall doctrine
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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
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