Saturday, April 13, 2024
HomeBALLB Entrance ExamSeparation of Power and Check and Balance

Separation of Power and Check and Balance

Separation of power

The separation of power means division of power among different organs of the government. The theory of separation of power was propounded by a French greater political philosopher Baron de Montesquieu in his book Spirit of Law in 1748. He described division of political powers among the three organs of the government. The state have a lot of functions and the government performs all these functions. The main functions of government are :
i. Law making
ii. Policy making and implementation
iii. Interpretation and adjudication of law
For performing these three functions, government has three organs i.e legislature, executive and judiciary. It is concerned with inter-relation of these three organs. Theory of separation of power proposed that the three functions of government i.e legislation, execution and adjudication should entrusted to three separate branch of government.

Check and Balance

There must be check and balance between the three organs of the government. Complete separation of power is neither possible nor desirable. The doctrine of check and balance is that concept in which the three organs of the government are interrelated in such a way by which one can check and balance the power of other organs of government. It prevents government from being arbitrary and despotism.
Read this also : Judicial Review

हामी संग जोडिन हाम्रो फेसबूक पेज लाइक गरिदिनु होला र नयाँ नयाँ कानून सम्बन्धी जानकरी र समाचार थाहा पाउनको लागि तल दायाँ पट्टी रहेको bell icon मा click गरी subscribe गरिदिनुहोला।

Anish Kumar Tiwari
Anish Kumar Tiwari
Anish Kumar Tiwari is the Editor-in-Chief and SEO Expert at Law Scholars Nepal who is continuously publishing law related information and legal knowledge with the aim of increasing legal awareness in Nepal.
सम्बन्धित पोस्ट

Meaning, Principles and Types of Justice

Meaning and definition of Justice Justice is a complex concept and touches almost every aspect...

Independence of Judiciary

Judicial independence is the concept that the judiciary should be independent from the other...

Meaning and Principles of rule of law

Meaning and Background of Rule of Law The meaning of rule of law is the...

LEAVE A REPLY

Please enter your comment!
Please enter your name here

- Advertisment -BALLB Entrance Preparation Class Admission Open in Nepal

कानूनी ज्ञान

error: