Doctrine Of Seperation Of Powers In A Democratic Dispensation

This paper discusses the doctrine of separation of powers in a democratic dispensation. The paper argues that if rights, liberties and freedom of citizens are to be maintained and guaranteed in any society under democratic rule, then the three organs of government must be separated and entrusted to different people to administer. In a democratic dispensation, there is more separation of powers in the presidential system of government than the cabinet or parliamentary systems. This is because in the parliamentary or cabinet system, the functions of the three organs of government overlap, hence there is fusion rather than separation of powers. The paper recommends that there should be adequate separation of powers in any democratic dispensation so as to enhance the rights, liberties and freedom of individuals in such democratic dispensations.

INTRODUCTION   

The Doctrine of Separation of Powers emphasizes that all the governmental powers that exist in a given state should not be vested or concentrated in one person or one organ of government. It believes that if these powers are divided into the different organs of government, being the Legislature, the Executive and the Judiciary, the chances of dictatorship or tyranny will be reduced to the barest minimum.

It is equally argued that if rights, liberties and freedom of citizens are to be maintained and guaranteed in any society under democratic rule, then the three organs of government must be separated and entrusted to different people to administer. It is believed, that there will be chaos, violence, dictatorship, tyranny and oppression if there is no separation of powers such that the functions of governmental law making, execution and adjudication are handled by different organs of government without interference.

This paper seeks to examine the doctrine of separation of powers in a democratic dispensation. Systematically, the paper is sub-divided into six sections. The first section is the introduction, followed by conceptual clarification of the doctrine of separation of powers and its proponent; separation of powers in a cabinet system of government; the doctrine of separation of powers in the presidential system of government; critique of doctrine of separation of powers; conclusion and recommendations.

Abstract

Introduction

Conceptual clarification

Separation of powers in a democratic dispensation

Separation of powers in the cabinet system of government

Separation of powers in the presidential system of government

Conclusion and recommendations

References