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Philosophical Evaluation Of Charles De Montesquieu’s Theory Of Separation Of Powers Vis- A- Vis The Practice Of Delegation Of Authority
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The theory of separation of powers, according to Charles De Montesquieu, is founded on the desire for political liberty for the citizens in a state. For this reason he advocates that the three powers of the organs of government-the Legislature, the Executive and the Judiciary should be manned by different persons and their functions properly co-coordinated such that liberty is achieved without any of the powers subsumed in the other. They must maintain their autonomy to achieve their purpose. But the exercise of delegated authority seems to forestall the total implementation of Montesquieu’s theory of separation of powers in modern government operations. The act of law-making, which is the sole function of the legislature, is also exercised by the executive organ of government, which is responsible for the implementation of the laws made by the legislature. this is carried out in the form of Bye-Laws, Statutory Instruments and Provisional orders. Through a philosophical evaluation, it has become the case that there has to be a fusion of function among the organs if state objectives must be achieved. It is therefore the case that a true, water-tight separation of powers is not possible if liberty, progress, peace, tranquility, order, is to be achieved in modern governments.
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CHAPTER ONE - [ Total Page(s): 2 ]CHAPTER ONEINTRODUCTION1.0 BACKGROUND TO THE STUDYThe basic reasons for the separation of powers is to ensurefreedom and liberty in a society; for if powers should be consolidated in the hands of one person as in a monarchy or a group of persons as in an oligarchy, such people are likely to run the government for their own selfish interests at the expense of the interests of the society and tyranny and oppression will be the order of the day and this can drag a state or nation into a ... Continue reading---
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CHAPTER ONE - [ Total Page(s): 2 ]CHAPTER ONEINTRODUCTION1.0 BACKGROUND TO THE STUDYThe basic reasons for the separation of powers is to ensurefreedom and liberty in a society; for if powers should be consolidated in the hands of one person as in a monarchy or a group of persons as in an oligarchy, such people are likely to run the government for their own selfish interests at the expense of the interests of the society and tyranny and oppression will be the order of the day and this can drag a state or nation into a ... Continue reading---
ABSRACT -- [Total Page(s) 1]
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ABSRACT -- [Total Page(s) 1]
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