The doctrine of the separation of powers divides the institutions of government into three branches: legislative, executive and judicial: the legislature makes the laws; the executive put the laws into operation; and the judiciary interprets the laws. The powers and functions of each are separate and carried out by separate personnel. No single agency is able to exercise complete authority, each being interdependent on the other. Power thus divided should prevent absolutism (as in monarchies or dictatorships where all branches are concentrated in a single authority) or corruption arising from the opportunities that unchecked power offers. The doctrine can be extended to enable the three branches to act as checks and balances on each other. Each branch’s independence helps keep the others from exceeding their power, thus ensuring the rule of law and protecting individual rights.
Author: Graham Spindler(This article, suitable for Year 11-12 Legal Studies, originally appeared in the publication Legal Date in March 2000.)
http://parliament.nsw.gov.au/Prod/parlment/publications.nsf/key/SeparationofPowers
Author: Graham Spindler(This article, suitable for Year 11-12 Legal Studies, originally appeared in the publication Legal Date in March 2000.)
http://parliament.nsw.gov.au/Prod/parlment/publications.nsf/key/SeparationofPowers
