DOCTRINE OF SEPARATION OF POWERS-HAS THE GROWTH OF ADMINISTRATIVE LAW AFFECTED IT?

Registration ID: IJNRD_190562

Published ID: IJNRD2304095

DOI: Click Here to Get

Arnold Stanley

Separation of Powers, Checks and Balances, Fair, Democracy, Delegated Legislation.

The principle of separation of powers is the focus of this paper. The author first introduces the separation of powers as a concept, and then analyses its breadth via the prism of the judicial system. The separation of powers in a check and balance form is vital to a democratic country for the proper functioning of the government to guarantee individual liberty and to avoid the confrontation among the legislative, executive, and judicial branches. But in a rigid sense it is impossible in its application as it would lead to a biased or involuntary hurdle in the functioning of each branch of government. Nonetheless the separation of powers in conjunction with the principle of checks and balances is vital to maintain the balance of power and ensure a free and fair democracy. It is contended that administrative law in its scope has enlarged and expanded the use of delegated legislation leading to an increase in the powers of the executive. The judiciary in its verdicts has attempted to define the limits of the branches of the government, but the real question is whether its interpretations and principles will stand the test of time.

Published Paper   E-Certificate

Arnold Stanley (April-2023). DOCTRINE OF SEPARATION OF POWERS-HAS THE GROWTH OF ADMINISTRATIVE LAW AFFECTED IT?. INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT, 8(4), a725-a734. https://ijnrd.org/papers/IJNRD2304095.pdf

Volume 8 Issue 4, April-2023

Pages : a725-a734

Paper Reg. ID: IJNRD_190562

Published Paper Id: IJNRD2304095

Downloads: 000121993

Research Area: Other

Country: Bangalore, Karnataka, India

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