Government - seperation of the three branches of government

It is generally agreed that differentiation of functions is necessary in government and efficiency is secured by specialization. However, it should be noted that a strict separation of functions of the three major organs is neither desirable nor possible. In all modem states, these organs are more or less related and dependent, and each exercises powers, which strictly belong to the others.

Everywhere, the legislature has some control over the executive and judiciary. The executive has some initiative and some influence in the making of laws. It also exercises some judicial powers. Justice Holmes said: Judges "do and must make laws". Legislative and executive branches cannot be completely separated in parliamentary democracies. Some cooperation among the three branches is necessary for the smooth functioning of government.

Therefore, the theory of separation of powers and checks and balances in an extreme form is dangerous to a good government. For the sake of efficiency of the government and security of fundamental freedoms for individuals, the structures should be separated. It is against this background that we should consider these structures separately.

Legislature enjoys the pride of place among the organs of government, especially in democratic countries. In a sense, it is the central organ as it makes laws, which are administered or interpreted by other branches of government. The law making function constitutes the concrete expression of the sovereignty of the state. Upon the basis of this, the other two branches, the executive and the judiciary, work. In a democracy the legislature has been described as “the nations” committee of grievances, and its congress of opinions. According to Leacock, "By legislature, we mean a body of elected representatives of the people, whose main function is to deliberate, discuss and make laws." Therefore, we should be very careful who we elect into these positions in the government and only choose people that have the right qualifications to make decisions for the American people.