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In: Economics

How does the principle of separation of powers actually shape the constitution?

How does the principle of separation of powers actually shape the constitution?

Solutions

Expert Solution

Seperation of power refers to the division and distinction of fuctions in order to maintain balance in government judiciary, legislation and executive. It is a constitutional principle which keeps all the three organs of government free from arbitrary and any biases. It is very important for a country to divide the responsibilities of government into clear cut branches in order to prevent one branch's influence on other. The tasks of the states are assigned in a way so that if one institution tries to disregard the constitution, the other one can check it. So there is not the possibilty of any institution becoming over dominanat or powerfull. According to the French philosopher Montesquieu, an arbitrary rule would occur in a country where all the three institutions of the governemnet i.e lagislative, judiciary and executive work together leading to the formation of dictatorship in the country. When the legislature can make laws in a country frrely, executives can enforce laws and judiciary handles the cases emerged out of breach of law without the interference of any other branch in it, the country can achieve its purposed goals actually shaping the constitution in its actual form.


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