... This contract defines what powers the leaders have and what powers citizens have. ... Constitutions generally contain certain principles of government, the most common and basic being the Separation of Powers doctrine. ... The importance of this separation of responsibility rests with the establishment of a system of checks and balances. A Separation of Powers system is a safeguard on liberty, preventing tyrannical government by institutionalising separateness, ensuring that each branch checks the other two. (Farnsworth, 1995-2002b), (Topperwien, 1998) This doctrine is a keystone for the workings of democracy.
The Separation of Powers doctrine has ancient origins tracing back to Aristotle and is evident in the work of the lawyer/philosopher Montesquieu. ... (University of Queensland [UQ], 2000b) The idea of the separation of powers emerged in the 1600’s with the desire to place King Charles I under more parliamentary control and closer observation. During the 1700’s, England, Europe and America theorised the best system of government exists where power is divided. ... (UQ, 2000b) He claimed that the institutionalised division/ balance of powers between the three governmental arms ensured liberty. ... (Malcolm, 1998)
The doctrine is a basic principle of parliamentary or federal republics. The doctrine, in its purest form, outlines the division of government into three branches; the Legislative (Parliament), Executive (Ministry) and the Judiciary (Courts), with each given a particular independent function and each confined to exercise that function without infringing upon the functions of the other branches. ... The separation of powers provides a check on power, rather than only division of power. The core of the doctrine, based on the idea of checks and balances, operates in total sense in America. ... In Australia, under the Westminster system, there is not a total separation as the executive government is taken from and is accountable to the Legislative. ... (Farnsworth, 1995-2002b) Creating a system of checks and balances keeps any on individual or group from accumulating all power. ... The Legislative (Parliament) has law-making powers. ... (Parker & Repar) The Separation of Powers requires a separate judiciary from the executive and the legislative branches of government. ... An independent Judicature, enforcing the separation of the Legislative and Executive, protects the constitutional personal and political rights of the citizenry against incursion by either branch.
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