Friday, January 11, 2013

Doctrine of Separation of Power

The doctrine of Separation of Power (SOP) was first coined by Montesquieu (I've always imagined him as a short man with a curly moustache. Apparently not the case). Anyways, back to the main point, his argument was that no one person should hold all the powers as it will lead to arbitrariness, and Montesquieu knew this very well as that was the reality back then in France. Louis XIV, the then ruler of France had absolute authority over everything and this caused oppression unto the citizens as nothing could be done to remedy the injustice (Louis XIV held all the powers alone).

Thus, due to that bitter tragedy, Montesquieu formulated the doctrine of SOP.

So how does this doctrine works? It basically separates the three organs of a government, that being the :

  • Legislative  : To enact laws
  • Executive   : To implement laws
  • Judiciary     : To interpret the laws and adjudicate disputes
And the doctrine operates based on these principles :

  • No one person can be in any two or all organs of the government at the same time.
  • Each organ must exercise only their function.
That's it for the Doctrine. Coming up if I'm up to it is the Application of the doctrine in Malaysia.


No comments:

Post a Comment