(a) What is separation of power?. (b) How does it operate under the (i) Presidential...
(a) What is separation of power?.
(b) How does it operate under the (i) Presidential System of government? (ii) Cabinet System of government?
Explanation
a. Separation of power; It implies that the three organs of government; the legislature, the executive and the judiciary are separated in personnel and functions.This means that no one person or organ of government should combine the legislative, executive and judicial functions of government.
Its operation in presidential system of government :
(bi) 1. In Presidential system of government, the legislature makes laws, the executive applies the law, the judiciary interprets laws.
2. None of the three organs of government should usurp the powers or interfere in the workings of other two organs.
3. No one person or organ of government to combine the legislative, executive and judicial functions or powers.
The operation of separation of powers in a cabinet system of Government:
(bii)1. There is no strict separation of powers in a cabinet system of government.
2. Individuals can operate in two or more organs of government
3. There is fusion of powers in the discharge of responsibilities.
4. Members of cabinet are also part of the legislature.
5. In Britain, the Lord Chancellor who is the head of the judicial arm of government is also a member of the legislature and the executive