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TMI BlogSeparation of powers: a nuanced modern doctrineX X X X Extracts X X X X X X X X Extracts X X X X ..... nvalidation of legislative action, has meant that the separation of powers has not become a source of judicially-enforceable constitutional limitations. The precise status of the doctrine has varied from time to time and the extent to which the doctrine nevertheless provides some restraint on legislative interference with judicial process cannot be determined with precision. It can be said, however, that constitutional entrenchment of the separation doctrine has not been part of the Westminster constitution tradition; a tradition which has not, in any event, placed much store by written constitutions with their accompanying legalism and rigidities. The prevailing influence from that quarter has been the maintenance of judicial independence ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the functions of each organ for good governance in a democracy. The doctrine of separation of power has developed to fulfill the changing needs of society and its growing necessities. Many of these considerations are significantly different from those which were prevalent when Montesquieu originally formulated the doctrine. In 1967, MJC Vile in his book titled 'Constitutionalism and the Separation of Powers' defined the 'pure doctrine' of separation of powers thus: [a] 'pure doctrine' of the separation of powers might be formulated in the following way: It is essential for the establishment and maintenanc e of political liberty that the government be divided into three branches or departments, the legislature, the e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... checks and balances'. These two components are strengthened by the deep-rooted ethos of coordinated institutional effort and joint activity between branches of the government in the interest of good governance. Instead of an isolated compartmentalization of branches of government, she highlights the necessary independence, interdependence, interaction and interconnection between these branches in a complex interactive setting. Kavanagh acknowledges that in view of the stronghold of the pure doctrine over our understanding of separation of powers, the idea of a collective enterprise between the branches of the government for the purpose of governing may seem jarring. However, she argues that this idea of branches being both independent a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arative international context, authors have accepted separation of powers to widely include two elements: 'division of labour' and 'checks and balances'. The recent literature on the subject matter encourages inter-institutional assistance and aid towards the joint enterprise of good governance. The current view on the doctrine of separation of powers also seeks to incorporate mutual supervision, interdependence and coordination because the ultimate aim of the different branches of the government, through their distinct functions is to ensure good governance and to serve public interest, which is essential in the background of growing social and economic interests in a welfare state. This stands in contrast with the former a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or branches of the Government have been sufficiently differentiated and consequently it can very well be said that our Constitution does not contemplate assumption, by one organ or part of the State, of functions that essentially belong to another. Reduced to its core, separation entails that one organ or institution of the state cannot usurp the powers of another. In Re: Powers, Privileges and Immunities of State Legislatures (1965) 1 SCR 413, this Court held that whether or not the Constitution brings about a distinct and rigid separation of powers , judicial review is an inseparable part of the judicial function. Whether legislative authority has extended beyond its constitutional boundaries or the fundamental rights have been contravene ..... X X X X Extracts X X X X X X X X Extracts X X X X
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