StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

Historical Developement of Separation of Powers - Essay Example

Comments (0) Cite this document
Summary
The doctrine of separation of powers finds its roots in the ancient world where the concepts of governmental functions and the theories of mixed and balanced government were evolved, essential elements in the development of the doctrine." (Vile, M.J.C.; 1967; chapter 2)…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER97.6% of users find it useful
Historical Developement of Separation of Powers
Read TextPreview

Extract of sample "Historical Developement of Separation of Powers"

Download file to see previous pages In 17th century England, it emerged for the first time as a coherent theory of government, explicitly set out, and urged as the 'grand secret of liberty and good government'" (Vile, M.J.C.; 1967; Chapter 2). In the upheaval of the Civil War, the doctrine emerged as a response to the need for a new constitutional theory when a system of government based upon "a mixture of King, Lords, and Commons" seemed no longer relevant. "Growing out of the more ancient theory, the doctrine became both a rival to it and a means of broadening and developing it into the 18th century theory of the balanced constitution" (Vile, M.J.C.; 1967; Chapter 2). The revolutionary potentialities of the doctrine were fully realized in America and France, but when its viability as a theory of government was tested "its weaknesses were revealed; this one revolutionary idea could also become a bulwark of conservatism." (Vile, M.J.C.; 1967; Chapter 2)
The attack on the doctrine came in two waves: First, the middle class "which had most fervently supported it", now saw within its reach control of political power through extension of the franchise, and the need for a theory that was essentially a challenge to the power of aristocracy diminished; however, until the Second Reform Act in England, the doctrine was sought only to be re-examined (Vile; M.J.C.; 1967; chapter 2). ...
Changing ideas about the role of government and its structure were "accompanied by a changing emphasis in ideas about the nature of sovereignty". (Vile, M.J.C.; 1967; Chapter 2). In earlier centuries, the need for a single omnipotent source of power had been stressed by "theorists of absolutism", and rejected by liberal constitutionalists, who swore by division of power and the limitations on power imposed by the constitution or by a higher law. "Rousseau's association of unlimited sovereignty with the people led to reorientation of ideas" (Vile, M.J.C.; 1967; Chapter 2) .If franchise could be restricted to those with a stake in the community, the idea of an unlimited, indivisible sovereign power became for the liberal individualist not a threat but a safeguard; "it became in the hands of Bentham and Austin an instrument for reform of government which would increase the freedom of the individual". However, "the desire for a unified system of government, whether to achieve reform or for positive State action, led to a rediscovery of the role of discretion and prerogative in government." (Vile, M.J.C.; 1967; Chapter 2)
Realization that the functional concepts of the doctrine of separation of powers were inadequate to explain the operations of government was heightened by emerging awareness of the nature of bureaucracy; "the impact of Prussian bureaucracy in the 19th century, establishment of a non-political civil service in England, dissatisfaction with the spoils system in the United States, development of the Weberian theory bureaucracy, (all) led to a reassessment of the 'executive' function". (Vile, M.J.C.; 1967; Chapter 2). Thus the demand for establishment of "harmony" between the legislature and the executive ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Historical Developement of Separation of Powers Essay”, n.d.)
Retrieved from https://studentshare.org/miscellaneous/1533084-historical-developement-of-separation-of-powers
(Historical Developement of Separation of Powers Essay)
https://studentshare.org/miscellaneous/1533084-historical-developement-of-separation-of-powers.
“Historical Developement of Separation of Powers Essay”, n.d. https://studentshare.org/miscellaneous/1533084-historical-developement-of-separation-of-powers.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Historical Developement of Separation of Powers

Separation of Powers

... of legislative and executive powers.7 It is this very fear and possibility that had motivated the luminaries throughout the British history to support the separation of powers. The British Constitution Sad but true, the British Constitution developed without the cognizance of the doctrine of the separation of powers. It was primarily owing to the British preference for some fundamental human values like liberty, freedom and the impartiality of justice that the British constitution to some extent succeeded in achieving the objectives upheld by the doctrine of separation of powers. Thus, the separation of powers in the British constitution is at the most partial, with ample provisions for the overlapping of powers. The biggest overlapping...
9 Pages(2250 words)Essay

Separation of Powers and Checks and Balances

... and declare a presidential action unconstitutional.4 The above mentioned separation of powers fitted with checks and balances ensures an interactive way of running the government such that should one branch overstep its boundary set by the constitution, the other arms would step in and save the public from unconstitutional intentions of another, or other branches of government. References Patterson, Thomas E. The American Democracy, Eightth Edition. New York: McGraw- Hill, 2008. Yarwood, Dean L. The Federalist Authors and the Problem of Equality between the Branches of Government: A Study in Institutional Development. Social Science Quarterly, 74, no.3 (1993): 645-663....
3 Pages(750 words)Essay

Separation of Powers

... strongly the need for impartial and independent judges, possibly alluding to the idea that the monarch was not always so impartial. 4) According to Vile, the English Civil War was so important for the historical development of separation of powers because "In the upheaval of civil war the doctrine emerged as a response to the need for a new constitutional theory, when a system of government based upon a "mixture" of King, Lords, and Commons seemed no longer relevant" (Vile). The changing ideas of the role of government were directly related to the changing ideas of the nature of sovereignty. The people were beginning to realize that the idea of an elected body of officials would allow them more individual freedom as they would...
6 Pages(1500 words)Essay

Rule of Law and Separation of Powers

... could enjoy a single principle and that even vested on the grounds of UK constitution. One answer to the critics might be the ignored concern that British Constitution had developed in a peculiar way. According to a seminar on November 2000, "The Constitution is not concerned with a strict separation of powers (SOP), but is keen to create a system, which would sustain its aims and objectives in such a manner (efficient government and individual liberty) that does not take into consideration to practice and follow several powers at once. The point was not to create several powers and allow each one to have its opinion and to be free to pursue it, subject to being checked and balanced by the others, the question was to mix and harmonise...
8 Pages(2000 words)Essay

Separation of Powers

...Separation of Powers Democracies the world over are functioning on the principle of ‘separation of powers’ between the Executive, Legislature and Judiciary. Inbuilt ‘checks and balances’ in the system accord each branch of government powers to monitor the activities, as well as to limit the powers of the other two branches, either as general policy or in specific cases. This deters potential abuse of power and is intended to, “reduce opportunities for tyranny and to increase the general stability of the government” (Separation of Powers). In the present environment where the omnipresent threat of terrorism is driving domestic and foreign policy, more and more governments all over the world are and seeking to arm themselves with more...
4 Pages(1000 words)Essay

Separation of Powers

...Client’s Information United s Constitution Separation of Powers: Legislative, Executive, and Judicial The Constitution of the United States of America provides for three branches of government in order to create a system of checks and balances. The legislative, executive, and judicial branches of the system work through independent, yet influential means to create a balance of government. In order to provide for a diminished capacity for corruption, the checks and balances create limits imposed from one branch to another so that no one branch can assert too much power. An ancient form of government that reaches back to the time of Greek classical thought, the method of creating a sense of equal measure and power in which to form...
6 Pages(1500 words)Research Paper

Federalism and Separation of Powers

Federalism and Separation of Powers College: Federalism and Separation of Powers Federalism is a typical government system in the United States that endows the central government and regional government with a big share of the sovereignty powers. On the other hand, separation of powers is a government revolution system that seeks to bring a balance between democracy and the sovereignty of the government by sharing power between the legislative, executive and judicial arms of the government. Government reformists have advocated for the separation of powers as a process of expressing democratic liberty of the people in the United States and reducing the government dominance in the state affairs. This structural change in the governm...
2 Pages(500 words)Essay

Separation of Powers in the UK

For example, if the parliament has more control over the others, there will be instability in the government. There has been the development of the UK government in achieving balance between the government and the parliament through application of the principle of separation of powers. In 1998, the Human Rights Act was launched by the parliament requiring consideration of the European Convention of Human Rights by the judiciary. Recently, the Constitutional Reform Act 2005 was geared towards separation of powers through the judicial reforms. The Act required abolishment of the offices of the Lord Chancellor and establishment of a Supreme Court of UK without the consent of the judiciary at that time (Masterman 2011, p. 34). Followi...
6 Pages(1500 words)Essay

Separation of Powers in the U.S. Constitution

...Separation of Powers in the U. S. Constitution Separation of powers entails a political doctrine that developed from the Spirit of the Laws, Montesquieu writings. He argued that constitutional government should have three branches which are independent. Each government branch has the ability of monitoring the powers of other government branches. This concept is referred to as separation of powers. This philosophy greatly influenced the development of the United States Constitution (Kilman & Costello 214). The constitution illustrates three branches of government; Judicial, Executive and Legislative (Kilman & Costello 16). Each of this branches is distinct; to prevent power or authority abuse. The separation of powers, as illustrated...
1 Pages(250 words)Essay

Concept Mapping of Social Communication and it's HIstorical Contexts

Communication being a complex social phenomenon relies on a number of related phenomena and processes, particularly history and traditions in communities or human groups, cultural determinants in a certain society, the political context in which a community or group exists, yet, gender and ethnical variables that also play significant role in the processes of information exchange.
There is no doubt that a researcher attempting not only to define the nets of informational exchange in a social group (whether it is a community of organizational environment) but also to provide a solid analysis of communication, needs to evaluate all of the above-outlined variables. Knowledge and past experience, for example, determine both the q...
7 Pages(1750 words)Case Study

Historical Origins of Mercenaries

... Historical Origins of Mercenaries For all of recorded human history and most likely beyond, mercenarieshave been an integral part of structured warfare. Only since the nineteenth century has the use of mercenaries been the exception and not the norm during military conflicts. Only in modern times did armies motivated by nationalist allegiances predominate. However, the mercenary profession has seen resurgence in the last few decades. Various African nations have experienced a need for outsourcing military services as has the U.S. to shore-up its depleted forces in Iraq. Additionally, the United Nations is currently considering using mercenaries in regions such as Rwanda and Darfur, Sudan. The history of the oldest profession for men...
12 Pages(3000 words)Term Paper

Historical Analysis Long-Term Care

In accordance with a survey published by the U.S. General Services Administration in 2004 ‘the number of elderly people residing alone without living children or siblings is expected to reach 1.2 million in 2020 — up from about 600,000 just a decade ago’ (U.S. General Services Administration, 2004, online article). Apart from the elderly, people with disabilities – as well as those with severe problems of health - also require continuous assistance in all their activities. The care of people belonging in the above categories is likely to last for quite a long (in most cases for the rest of their lives); for this reason, appropriate changes in existing legislation are made periodically in order to meet the n...
7 Pages(1750 words)Report

The Separation of Powers in The UK

...The Separation of Powers in The UK The theoretical for justification for the separation of powers centres on its fundamental importance to the operation of democracy and assumes that certain functions should be carried out by different institutions with neither impinging the other’s authority. As Montesquieu argued; “All would be lost if the same man or the same ruling body……were to exercise these powers.1” In the UK, the doctrine of the separation of powers has traditionally been limited and criticised for being somewhat unclear in comparison to other democracies2. Nevertheless, Barnett argues that “Separation of powers…… runs like a thread throughout the constitution of the United Kingdom3.” However, in the UK there has not been...
8 Pages(2000 words)Essay

Most Significant Historical Events 1950-1990

...MOST SIGNIFICANT HISTORICAL EVENTS 1950-1990 Inserts His/Her Inserts Grade Inserts 22nd November’2010 INTRODUCTION The paper gives a detailed overview of the historical events that followed the World War II. The events are discussed in relevance to each decade from 1950 to 1990 and these events explore their significance in U.S. history and how they have shaped the American nation. It is written in a way to arouse our old times and its struggles. 1950s - COLD WAR The Cold War of 1950s was the most significant political and sensitive issue of the early post World War period. The two main super powers and also rivals of the Cold war were United States of America and Soviet Union. The end of World War II marked the beginning of Cold War...
9 Pages(2250 words)Term Paper

The Historical Status of the Vietnam and Afghanistan Wars

... and Afghanistan wars, economically the global economy suffered high rates of inflation that dates till then. The global community should embrace peace to enhance humane understanding and sympathy to the poor civilian population. Deception from those in power Most of the leaders and politicians are the main source of disagreement with the different governments. However, they are able to strategise in order to gain supremacy of property. The long term affects impacts on the common man and the poor children, youths and women. Both the cases in Vietnam and Afghanistan, the affected individuals requires a lot of counseling as this may help the desperate personalities determine their way back (Alexievich 08). Once the government is through...
9 Pages(2250 words)Literature review

The Balance Between Emergency Powers

The United States Supreme Court stated that United States President Franklin D. Roosevelt used his emergency power to stop the shipment of war equipment to the two warring nations. The case is United States vs. Curtiss-Wright Export Corp [299 U.S. 304 (1936)] was decided in favor of the United States President’s rightful use of Emergency powers (Bardes 388).
Further, Former United States President Abraham Lincoln uses emergency powers during the civil war. The United States presidents’ emergency powers include matters relating to foreign affairs. The United States Chief Executive uses emergency powers during times of national security issues (Ginsburg 344). The national security issues include September 11, 2001,...
6 Pages(1500 words)Term Paper

The Manner in Which the Federal Government Usurps Powers That Initially Belonged to the State Governments and the Judiciary

... a right to the pursuit of happiness, life and liberty (Bailyn, 13). On this basis, this paper analyzes whether the government of United States of America is operating in accordance to the visions that the founding fathers of the country had. This paper takes the following stands, 1. The congress has managed to usurp the powers given to the judiciary, and limits its operations therefore frustrating the concept of separation of powers as envisioned by the founding fathers. 2. The Federal government spends more money than it has the capability of generating and this promotes poor governance. 3. The Federal government promotes the concept of affirmative action, and this affects the promotion of individual’s unique abilities and talents. II...
7 Pages(1750 words)Case Study

The Historical Background of the Play Lysistrata by Aristophanes

...Introduction In this paper, I am discussing the play “ Lysistrata by Aristophanes” which is a ic Greek comedy play that is humorous, sexually explicit and bawdy. This play was a subject matter in the ancient times as it was the most sexually focused comedy of its time. The play is centred on Athenian women who were tired of Peloponnesian war. The play can be absurd for many as it has many situations where there is much sexual explanation which can be bold and sultry. I would look at the play from many angles like historical, contemporary and production basis. The play Lysistrata by Aristophanes is a combination of intense sexual depiction and creative spirit. The play contains nudity, sexual interaction and secuction. The play has...
7 Pages(1750 words)Literature review

World Historical Literature

... the wrath of others, in the Styx River where those who lived in anger were relegated as their proper place in hell. This relates to Cantos 7 and 8 of Circle 5 in the work (University of Texas; Brown University). The historical literature notes that the knowledge of Filippo Argenti’s real life stems mostly from Dante’s explicit mention of him in ‘Inferno’, from Canto VIII, as well as the commentaries on that work through time. Filippo’s family line is traced to the Adimari family, from the Cavicciuoili branch. The family traces its allegiance to the Black Guelphs. The records show that the family itself had no ties with the aristocracy, even as the family also was known for its wealth. Argenti, the sufix to the name Filippo, connoted...
9 Pages(2250 words)Essay

Historical Development of Industrial Engineering

...Historical development of industrial engineering Introduction Industrial engineering used to refer only to manufacturing, but today it refers to a range of things including the way a whole city is designed. It refers to any system of production where all types of resources are planned in a way that makes it easier for optimum utilization. In fact, it is today referred by some as Production engineering or systems engineering in order to deal with the ambiguous or misleading nature of the term industrial. Industrial Engineering can refer to a number of topics which include operational management, which is the science of overseeing and designing production systems and business operations. Industrial engineering is also concerned with job...
6 Pages(1500 words)Literature review
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Historical Developement of Separation of Powers for FREE!

Contact Us