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HomeLaw NotesBALLB 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.
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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.
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