Question 1 Essay Example | Topics and Well Written Essays - 500 words

Question 1 - Essay ExampleThis was in any case the position of Montesquieu,2 who was concerned with the preservation of political liberty.Theoretically, for each one branch has unique and particular functions that are fitting to either. The constitution provides the powers of the legislature, which is generally to make laws and to legislate. The executive has the empowerment to made decisions on administration and enforcing laws, and the judiciary is mandated with reading laws and punishing those who break them. The goal of the Constitution is to prevent tyranny by dispersing power so that no one body has a monopoly. An absolute separation of these powers with none point of intersectionping with the other is not hard-nosed and would put the government at a standstill.The doctrine does not demand absolute or unrelenting separation as it is not possible. The Federal Constitution offers a relaxed version of the separation of powers. These roles actually overlap and one power finds itself doing the work of the other in the process of doing its duties. They also cat as checks and balances for each other. For example, the power to make laws belong to the parliament and courts has the interpretative role of the same laws. Courts also checks on the executive by reviewing their decisions and striking them on grounds of judicial review. The executive also interferes with the judiciary as it appoints adjudicate in the judiciary and is clothed with the powers of prerogative pardon. This undermines courts executive powers to prevent interference with their proceedings and to secure enforcement of their decisions. Further, the Senate has a role in appointments and treaties checks on the President. The Congress also has the authority to prevent fraud and abuse of authority in the other two branches.Therefore, separation of powers is only a theoretical rather than a pragmatical doctrine. From this, it is quite