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Separation of powers or trias politica is a model of democracy that involves the separation of political power between the government's three branches - the executive, the legislature and the judiciary. In a system where there is a separation of powers, each branch is constrained from intervening in the area of responsibility of another branch.
The doctrine of separation of powers or checks and balances between independent and co- equal branches of government, is derived from the work of the French political and social philosopher Baron de Montesquieu. The latter in his Spirit of Law (1734)1 defined the principle of separation of powers, based on a system of checks and balances in government.
The phrase check and balance implies that there are competing sovereigns (such as in a federal system in a political structure). 'Check' refers to the ability, right and responsibility of each power to monitor the activities of the other (s), while 'balance' refers to the ability of each entity to use its authority to limit the power of the other.2 In other words, the principle of separation of powers holds that in order to avoid a concentration of power in the hands of a minority in a political system, the three principal constituents of government - the executive, the legislature and the judiciary should be separate and enjoy equal and well-defined powers and independence. It is these checks and balances that protect the people from authoritarian or arbitrary rule.3 Separation of powers is a feature associated more with the presidential system of government. In a typically parliamentary system, fusion of power is more common.
In fusion of power the elected legislature is supreme, while the other branches are subservient to it. In separation of powers, each branch enjoys a considerable degree of independence from the other branches. This independence derives from the fact that each branch is elected or selected independently of the other branches and neither of them is beholden to any of the others for its continued existence.4 In a fusion of power system such as that of the UK, the people elect the legislature and the elected legislature then chooses the executive. In contrast, in separation of powers, it is not the national legislature which selects the executive, instead...