Definition of Separation of Power:

Separation of Power
The separation of powers is a model developed in ancient Greece
and came into widespread use by the Roman Republic for the
governance of democratic states. As we know that governments
have historically been the major violators of individual rights,
Separation of Powers is one of the measures to reduce above
likelihood. The Separation of Power is a method of removing the
amount of power in any group's hands, making it more difficult to
abuse. Under the separation of power, the state is divided into
branches or estates, each with separate and independent powers
and areas of responsibility.

According to the theory of Separation of Powers as a political

terminology was first propounded by Charles Baron de Montesquieu,
a French political philosopher who was born in 1689 and died in
1755, The concept of Separation of powers is to stipulates that the
powers of the state shall be divided among the three organs of
government, which are The Legislative, The Executive, and The
Judicial. They are distinguished by the kind of power they wield.
Their individual power will be discussed in the followings.

The doctrine of Separation of Powers is to avoid tyranny. The

concentration of power on an individual can be avoided to prevent
the abuse of the power. It makes the three arms of government
equal with different powers, each being limited in the exercise of its
powers .The government avoids placing too much power on an
individual or in a group of individuals. The Legislative, The Executive
and The Judicial should be totally separated and their functions
being carefully monitored or governed through the concept of
Checks and Balances.

In separation of powers doctrine, the legislature in a presidential

system is considered a power branch which is coequal to and
independent of both the judiciary and the executive. The power and
function of each branch is discussed below.
The Legislative
The Legislative branch has the ability to enact laws. The Legislature
is a assembly with the power pass, amend and repeal laws that
govern the state. The components of a legislature are one or more
chambers or houses, unicameral and bicameral . In addition, they
have exclusive authority to raise taxes and adopt the budget and
other money bills., Also the legislature can declare war, makes rules
that should govern the government and its office holders,
ratification of treaties, sources of cases of impeachment, approval of
federal judges, approval of the heads of the executives organ.

The Executive
The Executive branch has the ability to see those laws enforced. The
role of the executive is to enforce the law as written by the
legislature and interpreted by the judicial system. The executive
branch of government has sole authority and responsibility for the
daily administration of the state bureaucracy. It includes execution
or implementation of the law made by the legislature,
implementation of expenditures approved by the legislature,
implementation of the directives of the legislature. The executive
can also veto laws which must be approved by the 2/3 majority of
the legislature, appointment of the judges with the approval of the
legislature, declaration of state of emergency. President and his vice
can be removed from office through impeachment by the
legislature, ability to grant amnesty for crimes.

The Judiciary
The Judicial branch has the ability to decide the guilt of a party,
allowing punishment. The judiciary consists of a court of final appeal
(called the "supreme court" or "constitutional court"), together with
lower courts. It is the system of courts which interprets and applies
the law in the name of the sovereign or state. It stipulates
classification of any case brought before it and stipulates when a
law is constitutional or unconstitutional. The judiciary also provides
a mechanism for the resolution of disputes, can provide evidences
and enforces testimony according to law and stipulate the
disposition of people in prison.
Checks and Balances
The concept of separation of power not only separate the power into
The Legislative, The Executive, and The Judicial totally, but also
monitor and govern each other through the concept of Checks and
Balances.

The concept of Checks and Balances is one of the main points of the
separation of power to ensure that no arm or organ of government
exceeds overrides or overpowers the other arm or branch of
government in the exercise of its duties. Moreover, it is necessary to
distinguish the different roles of these three organs of government.
With checks and balances, each of the three branches of
government can limit the powers of the others. This way, no one
branch becomes too powerful.
All three branches check and balance each other.
The Legislative
The Legislative branch has the power to impeach the President,
confirm the President's appointments and override a Presidential
veto. The President cannot make any law that has not been passed
by it. It also has power to impeach Judges and limit the jurisdiction
of the courts. However, the Legislative branch is checked by other
two branches, such as the President's veto power and judicial
review.

The Executive
The Executive branch has the power to appoints judges and also
veto power of the president. However, the Executive branch is
checked by the other two branches. The President's appointments
must be confirmed by the senate. It is subject to impeachment and
judicial review and cannot make laws that were not passed by
congress. The veto can be overturned by a two-thirds vote in
congress.

The Judiciary
The Judicial branch has the power to check other two branches by
judicial review. The Chief Justice of the Supreme Court presides over
the impeachment of a president. However, the Judicial branch is
checked by the other two branches because the judges must be
appointed by the president and the senate and the congress can
limit the jurisdiction and impeach judges.

Reference:
1) Wikipedia (http://en.wikipedia.org/wiki/Separation_of_powers)
2) importanceofphilosophy
(http://www.importanceofphilosophy.com/Politics_SeparationPowe
r.html)
3) factmonster (http://www.factmonster.com/ipka/A0777009.html)
4) articlesbase (http://www.articlesbase.com/intellectual-property-
articles/the-separation-of-power-system-in-uk-457671.html)
5) socyberty (http://socyberty.com/government/separation-of-
powers-beneficial-or-unbeneficial-to-an-increase-of-democracy/)