Question

Access the effectiveness of the constitutional principal that the legislative, executive, and judicial functions of government should not exist within the same person or group of persons. Provide an example of an instance when this principle does not work as intended.

Answer 1

Ans: To answer this, we first give a brief about these powers:

1.Legislative: The legislature is responsible for enacting the laws of the state.

2. Executive: The executive is responsible for implementing and administering the public policy that is enacted by the legislative.

3.Judiciary: The judiciary is responsible for interpreting the enacted constitution and laws. It makes justice to the appeals brought before it.

This means that laws are to be enacted by the legislature, then administered by the executive and interpreted and safeguarded by the judiciary. The constitutional principal to keep these 3 braches as separate and distinct was made with the intention of preventing the concentration of powers, and to promote liberty. Thus none of the branches can perform the core functions of the another.

However, there can be instances when the principal does not work as intended. Thus, the separation of powers as described above is not absolute, and allows each branch to restrain any sort of abuse by another branch. The legislatures are granted the ability to oversee government conduct and remove executive or judicial public officers from their positions, called impeachment. For example, In 1994, a state Supreme Court justice became the Pennsylvania judge to be impeached. These type of instances are rather rare.