The Principle of separation of powers between the legislature and judicially
Distribution of state power several state bodies for this purpose limitation of power
DOI:
https://doi.org/10.60026/ijpamed.v8i2.129Keywords:
Separation of Power, Legislative, Executive, Checks and Balances, Civil RightsAbstract
Separation of powers may be a foundation of democratic governance, guaranteeing that no single institution holds supreme specialists. In this consideration, we investigate the viability of this rule in constraining control and safeguarding citizens' rights, centering on the separation of legislative and legal powers. Our address inquiry is: To what extent does the division of state power between the legislature and legal contribute to the security of democracy and personal flexibility? We utilize a mixed-methods approach, combining hypothetical examination, case studies, and quantitative information. Our literature review draws on works on the partition of powers and political logic, whereas the case studies from different countries the common usage of this rule. Moreover, we utilize quantitative information on democracy and respectful freedoms records to supplement our qualitative analysis. Our discoveries propose that an effective separation of powers between the legislature and judiciary undoubtedly contributes to the restriction of control and the assurance of citizens' rights. Judicial independence is imperative for maintaining the rule of law, whereas a parliamentary framework cultivates political representation. In nations where this separation is successfully actualized, democracy and opportunities tend to be superior shielded. Our study highlights the significance of the separation of powers as a basic component of majority rule governance. The particular parts and freedom of the legislative and judicial branches offer assistance to anticipate the concentration of power and secure citizens' rights. This can be especially apparent in countries where this guideline is effectively connected.
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Copyright (c) 2023 Tobias Oberdieck, Enrico Moch
This work is licensed under a Creative Commons Attribution 4.0 International License.