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Rough Draft Admin. Law

The document discusses the doctrine of separation of powers, outlining its origins in the writings of Montesquieu and its development since then. It notes the three main categories of governmental functions - legislative, executive, and judicial - and indicates the document will provide a comparative study of separation of powers between India, the US, and UK while also addressing criticisms of the doctrine. The bibliography lists several sources on separation of powers and related constitutional topics that will inform the analysis in the paper.

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Shubham Tanwar
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45 views3 pages

Rough Draft Admin. Law

The document discusses the doctrine of separation of powers, outlining its origins in the writings of Montesquieu and its development since then. It notes the three main categories of governmental functions - legislative, executive, and judicial - and indicates the document will provide a comparative study of separation of powers between India, the US, and UK while also addressing criticisms of the doctrine. The bibliography lists several sources on separation of powers and related constitutional topics that will inform the analysis in the paper.

Uploaded by

Shubham Tanwar
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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ROUGH DRAFT

Doctrine of Separation of Powers: A Comparative


Study

Submitted To: Submitted By:

Dr. Jaswinder Kaur Shubham Tanwar

(Asst. Prof. of law) Roll No. 18020

RGNUL, Punjab Group No. 4


1.Introduction:
Separation of power is a political doctrine originating in the writings of Montesquieu in The
Spirit of the Laws where he urged for a constitutional government with three separate branches
of government.”
Separation of powers, division of the legislative, executive, and judicial functions
of government among separate and independent bodies. Such a separation, it has been argued,
limits the possibility of arbitrary excesses by government, since the sanction of all three
branches is required for the making, executing, and administering of laws.
The doctrine may be traced to ancient and medieval theories of mixed government, which
argued that the processes of government should involve the different elements in society such
as monarchic, aristocratic, and democratic interests. The first modern formulation of the
doctrine was that of the French writer Montesquieu in De l’esprit des lois (1748), although the
English philosopher John Locke had earlier argued that legislative power should be divided
between king and Parliament. Montesquieu’s argument that liberty is most effectively
safeguarded by the separation of powers was inspired by the English constitution, although his
interpretation of English political realities has since been disputed. His work was widely
influential, most notably in America, where it profoundly influenced the framing of the
Constitution. The U.S. Constitution further precluded the concentration of political power by
providing staggered terms of office in the key governmental bodies.

2. Elements of separation of powers:

It is generally acknowledged that there are three main categories of governmental functions:

• Legislative
• Executive
• Judicial
3. THEORY SEPARATION OF POWER IN INDIA
4. COMPARATIVE STUDY OF SEPARATION OF POWER-USA, UK
5. CRITICISM
6. CONCLUSION
7. BIBLIOGRAPHY
• Aristotle, Politics (book IV )
• Bhatia Sukhchran Kaur, Jurisprudence of Amending Process Under Indian
Constitution (Deep & Deep Publications 1989)
• Brij Kishore Sharma, Introduction to the Constitution of india (7th edition
Ashoke K. Ghosh 2015)
• Bakshi PM, Comparative Law: Separation of powers in India (American Bar
Association Journal Vol42 1956)
• Barkow Rachel E., Separation of Power and Criminal Law (Article Stanford
Law Review Vol58 No4 2006)
• Singh Tej Bahadur, Principal of Separation of Powers and Concentration of
Authority (J.T.R.I. JOURNAL – 2nd Year, Issue – 4 & 5, 1996)

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