A government principle by which the legislative judicial and executive
The doctrine of the separation of powers in the Westminster system is usually regarded as one of the most fundamental tenets of liberal democracy. Show
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 puts 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. Under the Westminster System – the parliamentary system of government Australia adopted and adapted from England – this separation does not fully exist and the doctrine is not exemplified in the constitutions of the Australian states. However in Australia the three branches exist: legislature in the form of parliaments; executive in the form of the ministers and the government departments and agencies they are responsible for; and the judiciary or the judges and courts. However, since the ministry (executive) is drawn from and responsible to the parliament (legislature) there is a great deal of interconnection in both personnel and actions. The separation of the judiciary is more distinct. If the object of separation of powers is to develop mechanisms to prevent power being overly concentrated in one arm of government, then in practice in Australia mechanisms for avoiding the over-concentration of power exist in many ways – through constitutions and conventions; the bicameral system; multiple political parties; elections; the media; courts and tribunals; the federal system itself; and the active, ongoing participation of citizens.
(The information on these page comes from Separation of Powers: Doctrine and Practice by Graham Spindler which originally appeared in the publication Legal Date in March 2000). About the legal systemThe Singapore courts are part of the Judiciary, which is one of the 3 branches of the state:
This three-branch structure is known as separation of powers. It is designed to ensure that there are checks and balances to prevent abuse of power. This arrangement is set by the Constitution, which is the most fundamental law in Singapore. The President is the head of state and not a member of any of the 3 branches. The President's authority is required by the Legislature at the final stage of passing legislation. The Attorney-General's Chambers assist both the Executive (as the government's legal advisor) and the Legislature (as parliamentary drafters). The Attorney-General is also concurrently the public prosecutor and is responsible for bringing all public prosecutions in Singapore, independently and
without influence from any of the 3 branches of the state. About the sources of law in SingaporeThe Constitution is one of the sources of law in Singapore. It is the supreme law, which means that all other laws passed must not conflict with it. Other sources of law include:
All Singapore citizens are equal in the eyes of the law. This supports the rule of law, which is a legal principle that requires everyone, including the government, to obey the law. Judges must apply the law impartially, as it is and not as they think it should be. When a judge makes a decision, the judge is not saying what is right or wrong, but only what the position is according to the law. Note The courts must be impartial and cannot provide legal advice. Parties should seek legal advice on their options instead. Find out more
What is the name of the government principle by which the legislative judicial and executive powers are held by different groups?At the national level, the Framers divided power between the three branches of government—the legislative branch, the executive branch and the judicial branch. This process of dividing power between different branches of government is called the separation of powers.
What is executive legislative and judicial powers?Legislative—Makes laws (Congress, comprised of the House of Representatives and Senate) Executive—Carries out laws (president, vice president, Cabinet, most federal agencies) Judicial—Evaluates laws (Supreme Court and other courts)
What is the principle of federalism?Another basic concept embodied in the Constitution is federalism, which refers to the division and sharing of power between the national and state governments.
What are the 3 separation of power?The system of separation of powers divides the tasks of the state into three branches: legislative, executive and judicial. These tasks are assigned to different institutions in such a way that each of them can check the others.
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