1.

The principle of power – separation is not essential for independent working of the three organs of the state. How?

Answer»

The meaning of power – separation principle is that when the powers connected with legislation, administration and justice function independently and they do not interfere with one another, we say that there is proper separation of powers among the three organs of the state.

Power – separation is not essential for independent working of the three organs. However, Montesque thinks that for independent working of the three organs, power – separation principle must be followed. But his concept of functional independence of the three organs necessitates the concept of power separation which is not fully correct.

In parliamentary form of government, there is a close relationship between the legislature and even then the executive, and even then the individual freedom of the citizens is not in danger. Gettel does not support the view that for independent functioning of the three organs of the states, the power-separation principle must be followed. Now, it has been rightly argued that for independent working of the three organs of the state, power separation principle is not necessary to be adopted.



Discussion

No Comment Found