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Published byQuentin Edwards Modified over 9 years ago
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Last Topic - The Rule of Law History - Concept Rule of Law in Pakistan
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Separation of Powers Meaning Overview Need of Separation of Powers
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Meaning of Separation of Powers The separation of powers is a model for the governance of a state
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Meaning of ……. The model was first developed in Ancient Greece and Rome Under this model, the state is divided into branches, each with separate and independent powers and areas
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Meaning of ……. The normal division of branches is into a legislature, an executive, and a judiciary
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Overview of Separation of Powers Charles-Louis (18 th century - French) publication, Spirit of the Laws, is considered one of the great works in the history of political theory and jurisprudence
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Overview of …… Spirit of the Laws, it inspired the Declaration of the Rights of Man and the Constitution of the United States
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Overview of …… Under his model, the political authority of the state is divided into legislative executive and judicial powers
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Overview of …… Separation of powers, refers to the division of government responsibilities into separate branches to limit any one branch from exercising the core functions of another
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Overview of …… The intention is to prevent the awareness of power and provide for checks and balances
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Overview of …… The traditional characterizations of the powers of the branches of Pakistan are: The Legislative Branch The Executive Branch The Judicial Branch
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Overview of …… The Legislative Branch is responsible for enacting the laws of the state and appropriating the money necessary to operate the government
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Overview of …… The Executive Branch is responsible for implementing and administering the public policy enacted and funded by the legislative branch
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Overview of …… The Judicial Branch is responsible for interpreting the constitution and laws and applying their interpretations to controversies brought before it.
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Overview of …… No democratic system exists with an absolute separation of powers or an absolute lack of separation of powers
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Overview of …… The concept provides resources for legislators and staff to use in addressing separation of powers issues
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Need of Separation of Powers A government's role is to protect individual rights, but acknowledging that governments have historically been the major violators of these rights
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Need of ……. The concept of Separation of Powers is one such measure
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Need of …….. The premise behind the Separation of Powers is that when a single person or group has a large amount of power, they can become dangerous to citizens
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Need of …….. Separation of Power is a method of removing the amount of power in any group's hands, making it more difficult to abuse
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Need of …….. The Pakistan government has a method of Separation of Powers. It distinguishes between three groups The Executive The Legislative & The Judicial
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Need of …….. The Legislative branch has the ability to enact laws The Executive branch has the ability to see those laws enforced The Judicial branch has the ability to decide the guilt of a party, allowing punishment
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Need of …….. If a single group shared all three powers, they would have unlimited power They could specify any law, arresting the 'criminal', and then decide that they are guilty
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Need of …….. Through the Separation of Powers, no group can have more than one of these powers Only through the combined use of all three can the government use force
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Next Topic - The Sovereignty Parliamentary sovereignty vs Judicial independence
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