Effects and defects of separation of powers

Effects of separation of powers

The Separation of powers has tremendous impact on the development of administrative law and functioning of Governments. Blackstone had observed that if the legislative, executive and judicial functions were given to one man, there was an end of personal liberty and freedom.

1.      The Separation of powers according to Montesquieu is the best guaran­tee of the liberty of people.

2.      The Separation of power promotes efficiency in the administration.

3.      The doctrine of separation of powers from that point of view because more important today that perhaps any other time.

4.      The theory of separation of powers which upholds the system of checks and balances for the sake of equality of powers is based wrong assumptions.

 

Defects of separation of powers

 

 Though, theoretically, the doctrine of separation of powers was very sound, many defects are also in there. It is not completely possible to use in real life.

1.   Government is an organic unity therefore complete separation of powers is neither possible nor desirable.

2.   Separation of powers is likely to lead to inefficiency in adminis­tration.

3.   Liberty of the people largely depends more on factors like their psyche, political culture, consciousness, and institutions than separa­tion of powers

4. It is not possible to accept the view that all organs of government mutually check each other.

5. The three organs of the Government are not a machine like human body these can not be separated. They have to react with each others.

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