Separation of Power
is
a concept in political science that refers to the division of governmental
responsibilities into distinct branches to limit any one branch from exercising
too much power. This is often done through the creation of checks and balances
among the branches of government.
Montesquieu's theory:
Montesquieu, a
French philosopher of the 18th century, is often credited with the theory of
separation of powers. According to Montesquieu's theory, “the powers of government should be divided
into three separate branches: the legislative, the executive, and the
judiciary. Each branch should have a distinct function, and each should be
independent of the others, with no one branch having too much power or control
.” Montesquieu believed that the separation
of powers was essential for preventing
tyranny and ensuring the protection of individual rights and liberties. He
argued that if all power were concentrated in one person or group, there would
be a greater risk of abuse of power and the violation of individual rights.In
Montesquieu's theory,
the legislative branch is responsible for
making laws,
the executive branch is responsible for
enforcing laws, and
the judiciary branch is responsible for
interpreting laws and resolving disputes.
Each branch should be able to check and
balance the others to ensure that no one branch becomes too powerful.
In
Bangladesh, the Constitution provides for the separation of power among three
branches of government:
1. The Executive
branch is
responsible for implementing and enforcing laws. The Prime
Minister is
the head of the executive branch, and the Cabinet is responsible for advising
and assisting the Prime Minister in carrying out these duties.
2. The legislative
branch,
on the other hand, is responsible for making laws. In Bangladesh,
the legislature is known as the Jatiya
Sangsad
or
the National Parliament. It
is a unicameral legislature consisting of 350 members, with elections held
every five years.
3. The
judiciary branch is
responsible for interpreting and enforcing the laws. The judiciary
in Bangladesh consists of several levels, including the Supreme Court, which is
the highest court in the country.