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Philosophical Evaluation Of Charles De Montesquieu’s Theory Of Separation Of Powers Vis- A- Vis The Practice Of Delegation Of Authority
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1.1 STATEMENT OF THE PROBLEM
The idea of delegated authority mars the reality of the theory of
separation
of powers. For instance, the legislature, which is the sole law-making
organ, delegates authority to the executive to make laws – delegated
legislation; the judiciary also delegate authority to
administrative tribunals to adjudicate.
The
different organs of government interact in some areas which make it
virtually impossible for there to be absolute separation of powers. For
instance, it is the Judiciary that swear-in the executive into
office; it is the executive that appoint the judiciary; the executive
prepare the budget and it is approved by the legislature.
With the above mentioned areas of encroachment and interaction, it becomes impossible for there to be a complete separation
of powers.
To
what extent is the legislative, the executive and the Judicial powers
of modern government combined and separated? Is it possible for there to
be complete separation of powers such that each organ is completely
independent of the other such that each performs its functions without
any encroachment on the functions of the other? Is it possible for the
judiciary to be elected just as the executive is elected and for it to
be independent of the other two organs of government in respect of their
term of office and not to be appointed and remunerated
by them?6 Is
it possible for the legislature to make laws that will help regulate the
activities of government in all its departments and Parastatals and
Local Government Councils in the light of the complex nature of
government business?
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ABSRACT - [ Total Page(s): 1 ]The theory of separation of powers, according to Charles De Montesquieu, is founded on the desire for political liberty for the citizens in a state. For this reason he advocates that the three powers of the organs of government-the Legislature, the Executive and the Judiciary should be manned by different persons and their functions properly co-coordinated such that liberty is achieved without any of the powers subsumed in the other. They must maintain their autonomy to achieve their purpose. Bu ... Continue reading---
