Rule of law and separation of powers essay
Why is the concept of separation of powers important to administrative law
As a result, the rights of the people are getting hampered. Government officials must also obey the rules which Parliament has enacted and this can only be ensured if the courts have the jurisdiction to enforce the legal limits which govern the exercise of executive power. This is very important because it about obtaining public confidence in our legal system so that we have the rule of law. It is a mistake to call this a confrontation between Parliament and the Judiciary. Even if legislation is passed by an overwhelming majority and Parliament has expressed its clear intention in no unequivocal terms, the legislation can be tested on the anvil of judicial review and if it falls the test, Parliament must submit to the decision of the Court. Legislature is to legislate laws and enact laws for achieving the welfare of the people. Similarly the union of the legislative power and the judiciary would provide no defence for the individual against the state.
The same individual acting as prosecutor, judge, jury was unacceptable. These tasks are assigned to different institutions in such a way that each of them can check the others.
His starting point is the way in which the separation of powers protects the essential features of the curial process.
They are:- 1 Law making must be essentially in the hands of a democratically elected legislature; 2 Even in the hands of the democratically elected legislature, there should not be unfettered legislative power; and 3 There must be independent judiciary to protect the citizens against excesses of executive and legislative power.
The Government has to justify itself to Parliament in respect of everything it does or causes the administration to do. He argued that the English system was different from others.
Doctrine of rule of law
The United States have a federal system of government where the states and national government practice the seperation of powers system within their own scopes of authority. The Legislative Power The first of the three powers has the task of passing laws and supervising their implementation. The misuse of Article , to impose central authority on states, was stopped after this judgement. The purpose of the system is seeking a fair and justice outcome, rather than being administrative processes. Any 48 Bachan Singh v. The accent of the provisions of the Constitution of India is towards securing all round development of the individual and ensuring his dignity through Rule of Law Even the Indian Constitution does not provide for absolute Separation of Powers. Stewart discusses the danger of the abuse of judicial power, though, by contrast with the other contributors to this volume, he is more sceptical about the ability of the rule of law concept to curb this and other excesses of power. Basu vs. For Blackstone, democracies are virtuous and thus best in determining what the end shall be; aristocracies are wise and thus best at determining the means to reach the end; and monarchies are powerful and thus best at executing the means. The judiciary has shed its pro-status-quo approach and taken upon itself the duty to enforce the basic rights of the poor and vulnerable sections of society, by progressive interpretation and positive action. As the Judiciary itself cannot suo moto initiate legal proceedings even if it has knowledge about the wrongs, happening around it. Moreover, the Supreme Court has been made the protector and guardian of the Constitution. Yet Fuller also believes that these formal characteristics have a substantive dimension.
Airo-Faurulla and White argue, however, that it has not been sufficiently attentive to the need for judicial oversight in the regulatory context and in the process has disregarded the underlying accountability rationale of the separation of powers.
It does not rule out the different branches having partial agency in and some control over the others. These are merely the powers which are being granted to the Judiciary by the Constitution and the Judiciary is making best use of it for the betterment of the society and citizens at large.
Cameron Stewart explores this view in his article. As there has been constant inaction from the legislative organ of the government to solve the major issues which people are facing, the judiciary had stepped into the shoes of the legislature.
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