The ‘Separation of Powers’ is a doctrine that has exercised the minds of many. Ancient philosophers, political theorists and political scientists, framers of constitutions, judges and academic writers have all had cause to consider the doctrine through the centuries. The separation of powers is a doctrine not a legal principle.

The concept of separation of power has played a major role in the formation of constitution. The extent to which powers can be exercised should be separate and distinct. The essence of the doctrine is that there should be ideally a clear demarcation in function between the organs. Generally we have seen separation of power is one of the debating and challenging where there are so many controversial issues against this doctrine. Some said there must be strict separation of powers in the state, some body argued no separation, there are fusion of powers. Many support the theory of cheeks and balances. In general sense every state has the three wings, such as executive, legislature and judiciary. They are interrelated to each other. Though peoples theoretically believe there is separation of powers but practically impossible.

On the other hand according to Article 22, 26, 55, 65, 94(4), 107, 109 & 116A of the Constitution of Bangladesh we can say that the doctrine of separation of power is well established in Bangladesh constitution. Anchored by the Bangladesh Constitution first three articles of the country, Legislative, Executive and the Judiciary (judicial) make up our three branches of government. The Constitution clearly lays down the foundations of a judiciary that is separate and independent from the other branches of government. It was introduced in recognition of the fact that the efficiency of the judiciary and the entire justice system depends largely on the independence of the judiciary.

Permalink

(1) There shall be a Supreme Court for Bangladesh (to be known as the Supreme Court of Bangladesh) comprising the Appellate Division and the High Court Division.

The ‘Separation of Powers’ is a doctrine that has exercised the minds of many. Ancient philosophers, political theorists and political scientists, framers of constitutions, judges and academic writers have all had cause to consider the doctrine through the centuries. The separation of powers is a doctrine not a legal principle.

The concept of separation of power has played a major role in the formation of constitution. The extent to which powers can be exercised should be separate and distinct. The essence of the doctrine is that there should be ideally a clear demarcation in function between the organs. Generally we have seen separation of power is one of the debating and challenging where there are so many controversial issues against this doctrine. Some said there must be strict separation of powers in the state, some body argued no separation, there are fusion of powers. Many support the theory of cheeks and balances. In general sense every state has the three wings, such as executive, legislature and judiciary. They are interrelated to each other. Though peoples theoretically believe there is separation of powers but practically impossible.

The ‘Separation of Powers’ is a doctrine that has exercised the minds of many. Ancient philosophers, political theorists and political scientists, framers of constitutions, judges and academic writers have all had cause to consider the doctrine through the centuries. The separation of powers is a doctrine not a legal principle.

The concept of separation of power has played a major role in the formation of constitution. The extent to which powers can be exercised should be separate and distinct. The essence of the doctrine is that there should be ideally a clear demarcation in function between the organs. Generally we have seen separation of power is one of the debating and challenging where there are so many controversial issues against this doctrine. Some said there must be strict separation of powers in the state, some body argued no separation, there are fusion of powers. Many support the theory of cheeks and balances. In general sense every state has the three wings, such as executive, legislature and judiciary. They are interrelated to each other. Though peoples theoretically believe there is separation of powers but practically impossible.

1.The legislative,Part(iv),article(48-64)

2.The executive,Part(v),article(65-93)

3.The judiciary,Part(vi),article(94-117)

I.The Legislative Branch is responsible for making laws,

II.The Executive Branch is responsible for enforcing laws and

III.The Judiciary Branch is responsible for interpreting laws and resolving disputes.

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.

The separation of powers is usually understood as a constitutional doctrine that separates government into different institutions which are responsible for performing distinct functions. The doctrine requires the separation of government into legislative, executive, and judicial branches.  According to this theory of constitutional law, the legislative body will be entrusted to create laws, the executive authority will enforce laws, and the judiciary will be empowered to interpret laws. However, theoretically each branch is required to perform only its own function independently and one branch should not go beyond the boundary of other branch. This theory is typically based on a system of checks and balances.

Separation and Independence of Judiciary in Bangladesh: 

In Bangladesh, the separation of the judiciary and its independence are constitutional mandates as they are incorporated in the several articles of the Constitution of the People‟s Republic of Bangladesh.  Article 22 of the Constitution requires the State shall ensure the separation of the judiciary from the executive organs of the State.” Article 94(4) of the Constitution states that “the chief justice and the other judges of the Supreme Court of Bangladesh shall be independent in the exercise of their judicial functions.” The same view is also reflected in article 116A regarding the judges and judicial magistrates of the subordinate courts.  Article 116A of the Constitution provides that all persons employed in the judicial service and even all magistrates shall be independent in the exercise of their judicial functions

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.

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.

Separation and Independence of Judiciary in Bangladesh: 

In Bangladesh, the separation of the judiciary and its independence are constitutional mandates as they are incorporated in the several articles of the Constitution of the People‟s Republic of Bangladesh.  Article 22 of the Constitution requires the State shall ensure the separation of the judiciary from the executive organs of the State.” Article 94(4) of the Constitution states that “the chief justice and the other judges of the Supreme Court of Bangladesh shall be independent in the exercise of their judicial functions.” The same view is also reflected in article 116A regarding the judges and judicial magistrates of the subordinate courts.  Article 116A of the Constitution provides that all persons employed in the judicial service and even all magistrates shall be independent in the exercise of their judicial functions. 

The separation of powers is usually understood as a constitutional doctrine that separates government into different institutions which are responsible for performing distinct functions. The doctrine requires the separation of government into legislative, executive, and judicial branches.  According to this theory of constitutional law, the legislative body will be entrusted to create laws, the executive authority will enforce laws, and the judiciary will be empowered to interpret laws. However, theoretically each branch is required to perform only its own function independently and one branch should not go beyond the boundary of other branch. This theory is typically based on a system of checks and balances.

According to the supreme law of the Republic, the law declared by the Appellate Division shall be binding on the High Court Division and the law declared by either division of the Supreme Court shall be binding on all courts subordinate to it (Article 111 of the Constitution).
However, the supreme law of the Republic reminds silent on the binding effect of the judicial review on the parliament. Here is another principle on which our constitution is built, 'the principle of check and balance. This allows the three branches of the government to be isolated from each other so that no branch can arbitrarily use its power over all the functions of the other branch.

Article 111 of constitution of Bangladesh provides for the binding nature of supreme court judgement and orders stating that they shall be binding on all courts in Bangladesh. 

The name most associated with the doctrine of the separation of powers is that of Charles Louis de Secondat, Baron Montesquieu. His influence upon later thought and upon the development of institutions far outstrips, in this connection, that of any of the earlier writers we have considered. It is clear, however, that Montesquieu did not invent the doctrine of the separation of powers, and that much of what he had to say in Book XI, Chapter 6 of the De l’Esprit des Loix was taken over from contemporary English writers, and from John Locke.1 Montesquieu, it is true, contributed new ideas to the doctrine; he emphasized certain elements in it that had not previously received such attention, particularly in relation to the judiciary, and he accorded the doctrine a more important position than did most previous writers. However, the influence of Montesquieu cannot be ascribed to his originality in this respect, but rather to the manner and timing of the doctrine’s development in his hands.

According to the supreme law of the Republic, the law declared by the Appellate Division shall be binding on the High Court Division and the law declared by either division of the Supreme Court shall be binding on all courts subordinate to it (Article 111 of the Constitution).
However, the supreme law of the Republic reminds silent on the binding effect of the judicial review on the parliament. Here is another principle on which our constitution is built, 'the principle of check and balance. This allows the three branches of the government to be isolated from each other so that no branch can arbitrarily use its power over all the functions of the other branch.

(1) There shall be a Supreme Court for Bangladesh (to be known as the Supreme Court of Bangladesh) comprising the Appellate Division and the High Court Division.

Article 94 of the constitution of Bangladesh outlines the power and function of prime minister, who is the head of executive branch. 

Article 111 of constitution of Bangladesh provides for the binding nature of supreme court judgement and orders stating that they shall be binding on all courts in Bangladesh. 

The Legislative Branch is responsible for making laws,

II.The Executive Branch is responsible for enforcing laws and

III.The Judiciary Branch is responsible for interpreting laws and resolving disputes.

Masder Hossen case:-

•The Masder Hossen case is significant because it reaffirmed the principle of separation of powers and the role of the judiciary in upholding the Constitution and the rule of law. It also clarified the extent to which the judiciary can interfere with the actions of the other branches of government, providing guidance for future cases.

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.

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.

The legislative brach is known as jatiya songshaod.It is responsible for interpreting and enforcing the law. The parliament is a unicameral legislature consisting of 350 members, with election held every five year.

The executive branch is responsible for implementing and enforcing laws.The prime Minister is the head of executive branch, and cabinet is responsible for advising and assisting the prime minister. 

Separation of powers is a constitutional principle that refers to the division of government powers and functions among separate and independent branches of government. The three main branches—the legislative, executive, and judicial—are assigned distinct responsibilities to ensure a system of checks and balances. This separation aims to prevent the abuse or consolidation of power by any one branch and safeguard individual rights and democratic governance. 

Montesquieu was a French philosopher and political theorist who proposed the theory of separation of powers in his influential work, "The Spirit of the Laws," published in 1748. His theory emphasizes the need to distribute governmental powers among different branches to prevent tyranny and preserve liberty. Montesquieu argued that the separation of powers into legislative, executive, and judicial branches would ensure a system of checks and balances. This would prevent the concentration of power in any single authority, promote accountability, and protect individual rights. Montesquieu's theory greatly influenced the development of modern democratic systems around the world.

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.

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.

Great philosopher Montesquieu being the concept of separation of power 

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.

In the context of Bangladesh, the principle of separation of powers is enshrined in the Constitution. The Constitution of Bangladesh, adopted in 1972, establishes a democratic system with a clear separation of powers among the three branches of government: the executive, legislative, and judiciary.

1. Executive Branch: The President is the head of state, and the Prime Minister is the head of government. The executive branch is responsible for the implementation and administration of laws and policies.

2. Legislative Branch: The Parliament of Bangladesh, known as Jatiya Sangsad, is the supreme legislative body. It consists of Members of Parliament (MPs) who are elected by the people. The legislative branch is responsible for making laws, debating policies, and representing the interests of the citizens.

3. Judiciary: The judiciary in Bangladesh is an independent branch responsible for interpreting and applying the law. The Supreme Court is the highest judicial authority in the country. It consists of the Appellate Division and the High Court Division. The judiciary acts as a check on the other branches, ensuring that their actions align with the Constitution and the rule of law.

The principle of separation of powers aims to prevent the concentration of power in any single branch and serves as a system of checks and balances. However, it is important to note that in practice, the separation of powers in Bangladesh has faced challenges, with concerns about the independence of the judiciary and the potential dominance of the executive branch.

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.

Great philosopher Montesquieu being the concept of separation of power 

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.

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.

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.

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.

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.

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.

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.

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.

According to the  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.”

In Bangladesh, 

In Bangladesh, the Constitution provides for the separation of power among three branches of government:

Masder Hossen case:-

•The Masder Hossen case is significant because it reaffirmed the principle of separation of powers and the role of the judiciary in upholding the Constitution and the rule of law. It also clarified the extent to which the judiciary can interfere with the actions of the other branches of government, providing guidance for future cases.

According to the  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.”

In Bangladesh, 

In Bangladesh, the Constitution provides for the separation of power among three branches of government:

Masder Hossen case:-

•The Masder Hossen case is significant because it reaffirmed the principle of separation of powers and the role of the judiciary in upholding the Constitution and the rule of law. It also clarified the extent to which the judiciary can interfere with the actions of the other branches of government, providing guidance for future cases.

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.

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.

Separation of powers is a principle in government in which the powers and responsibilities of governance are divided among different branches or levels of government to prevent any one group or individual from having too much power or control. The idea behind the separation of powers is to ensure that no one branch of government becomes too dominant, which can lead to abuses of power and potential tyranny.

The principle of separation of powers is often attributed to the political philosopher Montesquieu, who wrote extensively on the subject in his book "The Spirit of the Laws" in 1748. In the United States, the separation of powers is enshrined in the Constitution, which divides the federal government into three branches: the legislative, executive, and judicial branches.

A famous case that demonstrates the importance of the separation of powers is the landmark 1803 U.S. Supreme Court case, Marbury v. Madison. In this case, the Supreme Court established the principle of judicial review, which gives the courts the power to declare laws unconstitutional. The case also demonstrated the importance of the separation of powers, as it confirmed that the courts have a role in checking the power of the other two branches of government, the executive and legislative branches.

In summary, the separation of powers is a principle of government that seeks to prevent any one branch of government from becoming too powerful. This principle is essential to maintaining a system of checks and balances in government and ensuring that the rights and freedoms of citizens are protected.

The Theory of Separation of Powers holds that the three organs of government must be separate and independent from one another. Any combination of these three functions into a single or two organs is harmful and dangerous for individual liberty. Separation of powers of the three organs is essential for the efficiency of the government and the liberty of the people. 

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.

1.The legislative,Part(iv),article(48-64)

2.The executive,Part(v),article(65-93)

3.The judiciary,Part(vi),article(94-117)

I.The Legislative Branch is responsible for making laws,

II.The Executive Branch is responsible for enforcing laws and

III.The Judiciary Branch is responsible for interpreting laws and resolving disputes.

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-

1.The legislative, 

2.The executive, and

3.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.

In Montesquieu's Theory-

I.The Legislative Branch is responsible for making laws,

II.The Executive Branch is responsible for enforcing laws and

III.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.