The Judiciary headed by the Chief Justice of the Federation is an independent body charged primarily with the responsibility of interpreting law does not have her membership drawn from legislative or executive branches and as such cannot exercise legislative or executive powers unless the powers are delegated. In view of this, separation of power is an integral part of the Nigerian governmental process based on her adoption of the US modeled presidential system of government since 1979. “When the people know their rights and act on them, the revolution is already on the go. ”
Separation of powers is a key characteristic of a liberal democracy where the government has an inherent control system to ensure that no arm of it is able to abuse power. Under this model, the government is divided into three branches with separate and independent powers and areas of responsibility, This political arrangem ent creates a division of the legislative, executive, and judicial functions of the government among separate and independent bodies. Such a separation limits the possibility of arbitrary excesses by government since the sanctionof all three branches is required for the making, executing, and administering of laws.
The Separation of Powers devised by the framers of the Constitution wasdesigned to do one primary thing: to prevent the majority from ruling with aniron fist. Based on their experience, the framers shied away from giving anybranch of the new government too much power. The separation of powers providesa system of shared power known as .
The Framers did not think that merely separating powers on paper would do the trick. The Constitution gives each branch of government some powers over the others to permit it to resist encroachments. For instance, the veto power gives the President a check on Congress. The Constitution therefore not only divides power but also sets it against itself, thereby creating a dynamism within the workings of government that uses the interests and incentives of those in government to enforce constitutional limits.
A discussion of the Constitutional Topic of Separation of Powers
When discussing Separation of Power, is it helpful to contrast the AmericanSystem to the governments of other nations. This list below is far from arepresentative sample of nations or systems. The United States, Britain,France, Canada, and Mexico are actually more similar than they are different,especially when the whole range of nations is taken into account. However,sometimes the smaller differences between similar systems can be interestingand illustrative. It is left to the reader to conduct studies of moredisparate systems.
Separation of Powers Essays -- essays research papers
The principle of separation of powers states that the executive, legislative, and judiciary powers of government should be divided into different branches and not concentrated in one. These departments should be separate and distinct because of the corrupting nature of power. If the body that made the laws could also enforce them and adjudicate disputes, it would likely do so in a preferential manner, undermining the rule of law and basic fairness. Power, in other words, must be checked, or it will be abused. In the Federalist Papers, James Madison calls the combination of legislative, executive, and judicial powers “the very definition of tyranny.”
Historically, the concept of Separation of Powers dates back as far asancient Greece. The concepts were refined by contemporaries of the Framers,and those refinements influenced the establishment of the three branches in theConstitution.
The Seperation of Powers and the American Constitution Essay
Successful governments in history gained their acclaim by trial and error. The government in the United States is no different. In fact, the structure of the government in the United States has been through many changes: the American government was once feeble and operated with weak alliances between states; however, the present government functions in perfect equilibrium with the separation of powers, the federal system, and regards to democratic ideals.