Rule of Law and Separation of Powers

The Constitution was a new system of shared government that divided power into three branches. This division of authority prevented one part of the government from becoming too powerful. The divisions were called articles. The most important articles are I-III.

from tyranny by diving the branches of government. The legislative branch should be completely different from the executive or the judicial branch (Doc B). This scares people from taking over the government because handling three different branches may seem like a lot of work. From this, the separation of powers protects us from tyranny.

(doc b) This is called the Separation of Powers. The separation of power guards against tyranny. There are 3 separate departments of power, legislative, judicial, and executive. (doc b) Legislative makes the laws, judicial makes sure that laws are constitutional, and the executive which includes the president, enforces the laws. If you separate these powers then you guard against tyranny. (doc

The Separation of powers on its own could not prevent tyranny. Although, the branches of power we distinct and unique, they “[Were not to be] so far separated as to have no constitutional control over each other.” The

The separation of power is devised to prevent concentration of power, and provide each branch with weapons. These weapons are to fight off the other two branches. The framers of the U.S. Constitution saw checks and balances as an essential. The system of checks and balances was established and became an important part of the U.S. Constitution. The checks and balances mean each of the three branches of government can limit the powers of the others. This is so no particular branch becomes too powerful. Each branch “checks” the powers of the other branches to make sure it is balanced.

Despite the negative implications of the separation of powers - such as the possibility of gridlock or standstill between the branches causing governmental paralysis, it is absolutely vital to the government. Almost all democracies have some scheme of separation of powers to some degree. For example, Italy has a separate constitutional court for reviewing cases dealing with constitutional issues.

Definitions of the rule of law can be blurred unclear at times, the easiest way to define what the rule of law is, is to start by looking at 4 main principles. Firstly it recognises that everyone is accountable under the law, regardless of status or position within society such as politicians and the government it’s

By setting this system in place it enforced a system of checks and balances. Each of the three branches keeps the powers of the other

In the wake of compromises that came from debates between the Federalists and Antifederalists, one of the most important institutional features that has carried on into today’s American Government was created. The separation of powers can be defined as, “the system through which each branch of government, can govern over the others by checks and balances.” One of the most obvious places this institutional feature can be observed is within our three branches of government. The Federalists favored central, powerful government, but the Antifederalists feared the concentration of power. The three branches of government, and the system

A notable case where the rule of law became paramount was the dealings of King John of England and his barons, who “nudged” him to sign the Magna Carta, a document which essentially limited the powers of the King and even allowed a committee (of Barons) to depose of the King if the King were to disobey the Magna Carta. This power served two functions, one, it placed the King (who was already above every corporeal form) under the law and two, it gave others power over the King, which was a simple form of checks and balances, which will be discussed later. Nonetheless, the rule of law is essential to a constitution, as without the general understanding that no one is above the law, no one would (contently) follow the law and no leader(s) would abide by the set of base laws provided within the constitution. It goes without saying that if no one follows the law, why even have those laws in the first

The first three articles of the Constitution strongly represent the idea of separation of powers that we get from Montesquieu. Our government is split into three branches: the legislative, executive, and judicial branches. Each of these branches has many important jobs that help make the country run the way that it does.

Rule of law: Everyone has to follow the rules no matter the power they hold, their position, and authority

Rule of law in simplest terms means law rules, that is, law is supreme. The term “Rule of law‟ is derived from the French phrase “la principle de legalite” (the principle of legality) which means a government on principle of law and not of men. Rule of Law is a viable and dynamic concept and, like many other concepts, is not capable of any exact definition. It is used in contradistinction to rule of man. Sir Edward Coke, the Chief Justice in King James I‟s reign is said to be the originator of this principle. However, concrete shape was given to it by Professor A.V. Dicey, for the first time in his book “Law of the Constitution” (1885) in the form of three principles.

There is no one fixed definition of the rule of law which is a political theory, It has been defined by Aristotle (384-322 BC) he stated “It is better for the law to rule than one of the citizens… so even the guardians of the laws are obeying the laws”. The most famous definition of the rule of law is given to us by Dicey (1835-1922) In ‘An introduction to the study of the Law of the Constitution’: 1.Regular law should should prevail over arbitratry power, 2.The law should apply equally to all and 3. There should be no higher law other than the rights of individuals, as determined through the courts. A modern, plain English version of Diceys three principles might read, 1. Nobody can be punished unless they are proven in court to have broken a law, 2. Nobody is above the law so the courts should treat everyone equally and 3. The courts will provide remedy for any branch of an individuals legal rights. … The purpose of the rule of law is to limit state power and protect individuals against tyranny…. In R (Jackson) v Attorney general (2005), Lord Hope referred to the courts as being “the ultimate controlling factor on

A constitution is a set of laws and other sources or principles that explains the way in which the state is established. In short, it is a framework that explains the structure of the state and its powers. Unlike most modern states, Britain does not have a codified constitution but an unwritten one that exists in an abstract sense. It delineates the powers of the different branches of the state, and the restrictions placed on the institutions and on state power. It is comprised of various acts of Parliament, court judgements and conventions that have evolved over a long period of time. Since Britain does not have a written constitution, it enjoys the luxury of legislative supremacy. In UK terms the separation of powers, parliamentary supremacy, and the rule of law are all extremely important doctrines that pervade the constitution.