Warning: Undefined variable $isLoggedIn in /home/digixyei/sldsystempk.com/view/master-layout/article_details.php on line 626

Whatsapp

" LEGISLATURE, EXECUTIVE AND JUDICIARY: CONFLICTS AND COHESION LEGISLATURE, EXECUTIVE AND JUDICIARY: CONFLICTS AND COHESION   [This paper was contributed by the author in the Third SAARC LAW Conference held in New Delhi, India on 30‑1‑1994.]   By   Asif Saeed Khan Khosa Advocate Supreme Court of Pakistan   Complete separation of powers between the Legislature, the Executive and the Judiciary is an ideal which has not been achieved completely in any part of the world so far.   The quintessence of the doctrine of separation of powers is not easy to distil. This doctrine has emerged in several forms at different periods and in different contexts. It is traceable back to Aristotle; it was developed by Locke; its best formulation, by the French philosopher Montesquieu, was based on an analysis of the English Constitution of the early eighteenth century, but an idealized rather than real English Constitution; the disciples of Montesquieu, particularly numerous in the North American colonies, added their own refinements; and today the doctrine survives in a number of curious manifestations.   The doctrine, as propounded by Montesquieu and his followers, may be stated briefly as follows:‑‑   (1) There are three main classes of governmental functions: the legislative, the executive and the judicial.   (2) There are three main Organs of the government in a State: the Legislature, the Executive and the Judiciary.   (3) To concentrate more than one class of functions in any one person or organ of government is a threat to individual liberty.   The genesis of the principle is that one branch of the government should not be in a position to dominate the others, and matters may be so designed that each branch…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register