Separation of Powers Flashcards

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1
Q

What are the rules for seperation of powers according to Montesquoi

A
  1. One organ of the Government should not interfere with the working of another.
  2. One organ of the government should not exercise the functions assigned to any of the other organs.
  3. The same person should not form the part of more than one organ at the same time.

However, the functions of
the government cannot be divided in water-tight compartments, and hence, deviations are observed. Eg: Ministers
(Executive) have to be members of Parliament (Legislature); law-making by executive (delegated legislation).

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