The Three Branches of State - Coursework Example

Three are supposed to be as independent in the jurisdiction of their roles as possible while ensuring that the roles that they play complement each other’s roles and functions. In light of this, the objectives set for each of these arms or branches are co-related. The legislature is for instance seen as the national legislature whose objective is to ensure that rules are made and that the rules are amended as and when it becomes necessary. More so, the executive’s objective is directly linked to the legislature in the sense that after the drafting of the rules, the rules demand a presidential accent to get the rules mature into law. In other words, the executive is the executor of the law.

It is commonly said that implementation is the law and not the enactment of it. What this may imply about the current question and crisis is that the presence of a written constitution alone is not a sufficient ground to assume that separation of powers will take place and that there will be no abuse of power. It rather takes the extra work of vigilante whereby members of the three branches of the state become committed to their roles and objectives of delivering their functions with due diligence. It is also important that sufficient power be vested in the ordinary citizen to have the right to exercise their right of questioning members of the three branches of state if they realize that implementation of the written constitution is not forthcoming. If for nothing at all, there are sections of the written constitution that create overlaps in the duties and functions of the various branches of the state, defeating the idea of achieving separation of powers. In such a situation, there is only one effective third party that can guarantee enforcement and that is the citizen vigilante .

3)
As indicated earlier, certain sections of the written constitution overlap in roles and thus defeat the idea of separation of powers. All of such sections of the written constitution need to be amended with immediate effect. Examples of these include (2.2) which states that upon appointment, the president shall be given a seat in the Assembly. As soon as this happens, the president is indirectly being made part of the legislature and thus part of the law-making process. This is an overlap of roles that does not guarantee separation of powers. Similarly, (2.5a), which allows the president to appoint the Lord Chief Justice and determine his remuneration, could result in compromises and sabotages whereby the Lord Chief Justice might feel the need to act in favor of the president because he was appointed by the president. If the president also feels that the Lord Chief Justice is not acting in his favor, he may sabotage the release of benefits due to him. Read More