Division of Powers

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 00001271

Public Law  

Westminster International University in Tashkent

BA Commercial Law

2010 - 2011

To be completed by the student


Division of Powers

Contents:

Introduction:

Short description of the essay.

History:

Short description of the origination of the doctrine.

Separation of Powers in UK:

Main description of the three powers and brief description of the British system.

Separation of Powers in Uzbekistan:

Main description of the three powers and brief description of the Uzbek system.

Conclusion:

Outline of the essay and short comparison of UK and Uzbekistan.


Division of Powers

Quote:

When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty; because apprehensions may arise, lest the same monarch or senate should enact tyrannical laws, to execute them in a tyrannical manner. – Montesquieu

Introduction:

The doctrine of separation of powers is one of the most important concepts in the modern democratic government. This doctrine mainly divides the government into branches and distributes the power amongst these branches. In most of the governments these branches are: executive, judicial, and legislative. Almost every democratic government uses the separation of power to a certain degree. However, different countries use this doctrine to a different extent. In order to demonstrate this I will talk about two different jurisdictions, the Republic of Uzbekistan and the UK.

History:

Aristotle was the first person to identify the three elements of the constitution. According to him these elements were:

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  • The deliberative: discusses everything of common importance.
  • The officials.
  • The judicial.

His theory was further developed by the French philosopher Montesquieu, who stated that if the legislative and executive powers are stored in the same person, then there will be no liberty.  He stressed on the importance of independent judiciary, because he thought if the powers were vested in the same person it would lead to the government becoming dictatorial and corrupt. Montesquieu’s version of the doctrine was more clearly explained by his student Sir William Blackstone. According to him, the constitution should be balanced and the powers ...

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