separation of powers, division of the legislative, executive, and judicial functions of government among separate and independent bodies. Such a separation, it has been argued, limits the possibility of arbitrary excesses by government, since the sanction of all three branches is required for the making, executing, and administering of laws.
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Course Overview
SECTIONS
General
1
INTRODUCTION
2
Emergency Provision
3
TOPIC 3: JUDICIAL REVIEW
4
Anti Defection Law in Art:70 and the Myth of Parliamentary Democracy in Bangladesh
5
Writs
6
Amendment
7
Doctrine of Basic Structure
8
TOPIC1 : SEPARATION OF POWERS
9
TOPIC 2: SUPREME COURT OF BANGLADESH
10
TOPIC 5: INDEPENDENCE OF JUDICIARY
11
Assignment
12
RULE OF LAW & Independence of Judiciary
13
Election Commission (EC)
14
TOPIC 6: MASDAR HOSSAIN CASE: ATTEMPT TO REALIZE INDEPENDENCE OF JUDICIARY
15
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Constitution Part 2 (Spring 2023)
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LAW Spring 2023
LAW (AA-231)
TOPIC1 : SEPARATION OF POWERS
Discussion Forum 2 ( Separation of Power, check and balance, Independence of Judiciary)
Separation of powers
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Discussion Forum 2 ( Separation of Power, check and balance, Independence of Judiciary)
Separation of powers
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Separation of powers
by A. M. Kawsar - Thursday, 6 April 2023, 9:16 PM
Number of replies: 0
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,
1. The legislative branch is responsible for making laws,
2. The executive branch is responsible for enforcing laws, and
3. The judiciary branch is responsible for interpreting laws and resolving disputes.