Doctrine of Separation of Powers

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1st Internal Assignment Administrative Law The Doctrine of Separation of Power Clive D’souza 13010124119 Division B III Year Introduction: The Government of any country will be the agency or machinery through which the will of the people is realised, expressed and formulated. But for the will of the people to be so expressed, realised and formulated, there needs to be a well organized system which works together, jointly as well as separately for ultimate achievement of the goal, which in a democracy would be to help people realise their will, express that will and help the people to formulate the ideas as to what is right for society and be part of what would then become ideally, a true and well functioning democracy.…show more content…
He was an ardent believer in the theory of natural law which is a philosophy of law that is determined by nature and so would be universal. Natural law refers to the use of reason to analyze human nature, both socially as well as personally and to deduce binding rules out of morality and moral behaviour out of them. Locke believed that there should be a separation of powers whereby there would a legislative body which has the ultimate power of making laws, he believed that the legislative authority should be given such power, because the members of such legislative authority are elected by the people who will be the guardian of the natural laws that he holds dear and as his first and foremost priority. John Locke believed that there should be a separation of powers, but rather than the tri-partite system as we know today, he believed in a bi-partite system of governance that included just the executive and the legislature, the legislature being in this case the law making body, whereas the executive would be the king on the monarchy who could exercise judicial powers. John Locke was questioned by certain other philosophers of government policy on how there could be an executive who is a monarch who has an absolute power alongside a democratic legislature which makes their own laws which are the representative of the will of the society in general,
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