What is Separation of Power?

It is generally accepted that every state has three separate organs to do three different functions.These three organs are-

·        Legislature-Enact the laws, to make the laws.

·        Executive-Execute the laws.

·        Judiciary- Enforce and interpret laws.

According to the theory of separation of power every organ of the state is separate in his function. Distributing the three main functions among the three different organs is called the separation of power. Thus the legislative can not exercise the executive or judicial power, executive can not exercise the legislative or judicial power, and the judiciary can exercise the others two power. Every organ will work independently.

Historical background of Separation of Power.

The doctrine of separation of powers has emerged in several forms at different period. Its origin is traceable to Plato and Aristotle. During the 16th and 17th centuries, French philosopher John Bodin and British politician Locke respectively had expressed their views about the theory of separation of power. But Montesquieu has formulated this doctrine systematically, scientifically, and clearly in 1748 for the first time. He said that if all the powers are vested to a person the liberty of the citizens will be destroyed. So the power and the function of the state must be distributed in different organs.

Modern view of separation of power.

Now the state is democratic and welfare state. The previous view has been changed. Now strict separation of power is neither desirable nor possible. In strictly separation of power we can not run the state. There is some overlapping. Sometimes an organization do other organ’s work but within the boundary of the constitution.The separation of powers doctrine also intends to improve the energy and efficiency of government by allowing each branch to specialize in effect in order to fulfill its unique function.

 

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