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.