Division of Power Flashcards
What is the function of the legislative authority?
They make laws
What is the function of the executive authority?
They apply and execute laws
What is the function of judicial authority?
They resolve legal disputes
What is the aim of the sepearation of powers?
Ensure individuals are protected against the abuse of centralised powers. It also ensures one arm of government from wielding too much power and being oppressive)
Give an overview of ‘The Legislature’?
It is the arm of government concerned with making laws according to procedures set out by the Constitution.
Describe and name the name of the ‘legislatures’?
They are the national, provincial and local.
National Parliament makes laws for the entire country chapter 4 of the Constitution.
Provincial legislatures make laws for various provinces (chapter 6 of Constitution)
Municipal councils make laws for local communities (chapter 7 of the Constitution)
What special kind of law does the national Parliament make?
Statutes or Acts of Parliament
Describe the composition of national Parliament.
According to s 46 of the constitution Parliament compromises of a National Assembly no fewer than 350 and no more than 400 persons; and a National Council of Provinces consisting of ten delegates of each province.
Describe the Executive.
A body responsible for formulating state policy. It is also responsible for implementing, administrating, and enforcing the laws made by the legislature.
Implements legislation by making delegated legislation
Has a national executive consists of the president, the Deputy and the Cabinet (chapter 5 of the Constitution)
Also large secondary executive bodies responsible for the day to day enforcement of the laws of the country
What is the judiciary and what are they responsible for?
It encompasses all the country’s judges and magistrates as well as the courts they work in.
It is responsible for interpreting and applying all laws of the country, including the Constitution.
What powers do the judiciary have and what does it ensure/
It has the power to strike down unconstitutional laws and unconstitutional action. This helps ensure citizens rights are not violated.
