We want a steady democracy.

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What we need in Bangladesh is a steady democracy. Politicians justify the democracy in their own way. That is not good at all. Today Bangladesh is divided in two family roles and regulations. We peoples have no much value at all. I was so many years employed at east Asian countries, actually pure democracy i never found over there but one thing they got a steady politics. By the way Singapore was independent on 9th august 1964. Since the PAP(peoples action party) is in power. Nobody can announce a political meeting over there, no religious politics are allowed. Only at election time a political party can broadcast their election manifesto at print and electronics media. or just few times they can arrange a meeting at the election time only. But what we are experiencing over here in Bangladesh is really different. Here every day is politics everyday is politics.

Separation of powers.

. Introduction:- 

Separation of power or implementation of separation of power means the idea of measures; corresponding to three kinds of power legislative, executive and judicial, every modern government has generally three organs, namely, the legislature, the executive and the judiciary. Each organ while performing its activities tends to interfere of working another function because a strict demarcation of functions is not possible in their dealings with the general public. Thus even when acting in ambit of their own power, overlapping functions tend to appear amongst these organs. The question which assumes significance over here is that what should be the relation among these three organs of the state. Whether there should be complete separation of powers or there should be co-ordination among them. Today all the systems might not be option for the strict separation of power because that is undesirable impracticable but implications of this concept can be seen in almost all the countries in its diluted form. In this field work, we will try to form on the practical implications of the theory of separation of power in the three countries named U.K, U.S.A and Bangladesh.






















. Object of the field work:-

The aim of the fieldwork, or the objects of a comparative study on the theory of separation of powers and its practical implications are

a) To determine the relation between the organs of a state which are really exist in present.

b) To provide solution, what should be the relation between the organs of a particular state.

c) To justify the practical implication of this theory.


d) To find out the loopholes about the theory of separation of powers.

e) To find out the importance of separation of power for a welfare state.


. Meaning of separation of powers:-

Power means ability. Separation of power means power’s separation from one to another when a power divided into three branches in executive, legislative and judicial are called separation of powers. In other words, the theory of separation of power means that none of the organs of the government, i.e. the legislative, executive or judicial should over exercise the powers of the other. It means that three departments of government are to be separate and distinct. They are to be independent of one another and each can exercise only the type of authority, legislative, executive or judicial. According to wade and Phillips, this doctrine of separation of power, that the same person should not compose more then one of the three departments of the government, one department should not interface other departments. The theory of separation of powers is a political theory. In 1748 the French jurist Baron de Montesquieu put forward his theory of separation of powers. According to Montesquieu vision, the separation of powers is an idea where checks and balances works like you are running after someone in a article and they running after you.




. Modern concept of separation of powers:-

Modern concept of separation of power is based on doctrine of checks and balances. Modern state is welfare state. Absolute separation of power is neither desirable nor possible. Most of the countries of the today’s world follow the doctrine of checks and balances. There is no absolute separation of powers visible overlaps are found in legislative, judiciary and executive. Rather all the countries rely on a system of checks and balances to prevent against abuses of power. This involves each branch having eye on the others but also required each organ to be protected against interference by others out of their perimeters. U.K, U.S.A and Bangladesh all of them follow the modern concept of separation of powers. As justice Frankfurter says “ Enforcement of a rigid conception of separation of powers would make modern government impossible.” Strict separation of power is a theoretical absurdity and practical impossibility.


. Historical Background :-

The theory of separation of power is a political theory. In 1748 the French jurist Baron De Montesquieu put forward his theory of separation of power. According to Montesquieu vision, the separation of power is an idea where checks and balances works like you are running after someone in a circle and they running after you. The name of Montesquieu is family attached to the doctrine of the separation of power. By political liberty Montesquieu meant “ a tranquility of mind arising from the opinion each person has of his safety.” Although Montesquieu separated governmental powers, there is no clear one to one correspondence between the two because he did not insist on an absolute separation. However, the doctrine of separation of power is an old as Aristotle, originally the king was the law maker, the executive of law and judge. In the passage of time, the tradition was changed the theory, therefore, that the different governmental functions should be performed by different departments which should be limited to their own spheres of action without encroaching upon the others and Montesquieu exactly established the doctrine in 1748 named separation of powers.



. Importance of separation of power:-

The separation of power in its true same is very rigid and this is one of the reasons of why it is not accepted by a large number of countries in the world. The main object as per Montesquieu in the doctrine of separation of power is that there should be government of law rather that having will and whims of the official. Also another most important feature of the above said doctrine is that there should be independence of judiciary i.e. it should be free from other organs of the state and if it is so then justice would be delivered properly. Hence the doctrine of separation of power do plays a vital role in the creation of a fair and proper justice is dispensed by the judiciary as there is independence of judiciary.




. Effects and defects of separation of powers:-

Separation of judiciary has the prime and pivotal role to ensure good governance and the rule of law. The dilatory tactics to ensure the separation of judiciary is nothing but a part of the mechanizations by the vested interests. To deny good governance frustrate democracy and subvert efforts for institutionalizing the rule of law. Effort to subvert the real separation of judiciary from the executive would impede the process for sustainable development of a basic institution like that of judiciary. For the ultimate welfare of the countrymen, the move share with the power to deal with criminal cases must not be carried forward. We should come forward with our strong advocacy to frustrate attempts by the vested interests to jeopardize the smooth functioning of a judicial system that can be ensured only through separation of powers as propounded by Montesquieu had tremendous impact on the development of administrative law and functioning on the governments. In his book commentaries on the laws of England, published in 1765, Blackstone had observed that if the legislating the executive and the judicial functions were given to one man,there was an end of personal liberty. France had declared in 1789 that there would be nothing like a constitution in the country where the doctrine of separation of powers not accepted. On the other hand, though theoretically the theory of separation of powers was very sound, many defects surfaced when it was sought to be applied in real life situation. Historically speaking, the theory was incorrect. In the British constitution there is no such thing as the absolute separation of legislative, executive and judicial powers. This Doctrine is based on the assumption that the three functions of the government, viz, legislative, executive and judicial are distinguished from one another. But in fact, it is not so. There are no watertight compartments. It is impossible to take certain an action if this doctrine is accepted in its entirely. Thus, if the legislature can only legislate, then it can’t punish anyone, committing a branch of its privilege; nor can it delegate any legislative function even though it does not know the details of the subject matter of the legislation.

. Separation of power in U.K:-

The conception of the separation of powers has been applied to the United Kingdom and the nature of executive, judicial legislative functions. The absolute separation of powers is not applicable to the United Kingdom. However, in recent years it does not seem to had been adopted as a necessary part of the U.K constitution. The independence of the judiciary has never been questioned as a principle,although application is problematic personnel have been increasingly isolated from the other organs of government, no longer sitting in the house of lords or in the cabinet,

1. Legislative power in U.K:-

The legislature of U.K is composed on crown, House of commons, House of lords, other law making bodies: the European Union, etc. The functions of the legislative authority are to make laws; scrutise government policy and administration; hold government to account.

2. Executive power in U.K:-

The executive of U.K is composed on crown, prime minister, cabinet, non-cabinet ministers and civil service. Government exercises royal prerogative powers on behalf of the crown; makes policies; initiates legislation and the civil service administers the law.

3. Judicial power in U.K:-

The judicial independence is a key to implement the doctrine of separation of power. The judiciary of U.K is composed on judges and magistrates, courts and tribunals. The independent of judiciary is guaranteed by the act settlement, 1701 which provides security of tenure for senior judges. The function of judiciary is to interpret and apply common law and statue. It also ensures the legality of the exercise of government powers through judicial review proceedings.

. Separation of powers in U.S.A:-

The doctrine of separation of powers heavily influenced the writing of the United States constitution, according to which the legislative, executive and judicial branches of the United States government are kept distinct in order to prevent abuse of power.
This U.S. form of separation of powers is associated with system of checks and balances.



1. Legislative power in U.S.A:-

Congress has the sole of power to legislative for United States. Under the non-delegation doctrine, Congress may not delegate its lawmaking responsibilities to any other agency. In this vien, the Supreme court held in the 1998 case Clinton vs. city of new York that congress could not delegate a “line item veto” to the president, by power voted in the government by constitution. But it is clearly look out in the article 1, section 1 of the U.S constitution that legislate branch is free from other branches.

2. Executive power in U.S.A:-

Executive power is vested with exception and qualification in the president. By law (section 2) the president becomes the commander in chief of the army and navy, military of several states when called into service, has power to make treaties and appointments to office. The constitution empowers the president to ensure the faithful execution of laws made by congress. The president’s responsibility is to execute whatever instruction he is given by the congress.






3. Judicial power in U.S.A:-

The power to decide cases and controversies is vested in the supreme court and inferior courts established by congress. The judges must be appointed by the president with the advice and consent of the senate courts exercising the judiciary power are called “constitutional courts.” Congress may establish “legislative courts” which do not take the form of the judicial agencies our commissions, whose members do not have the same security of tenure or compensation as the constitutional court judges.

4. Checks and balances in U.S.A

Checks and balances, the constitutional controls whereby separate branches of government have limiting power over each other so that no branch will become supreme. Perhaps the best known system of the checks and balances operates in the U.S. The constitution distinctly separates the legislative, executive, and judicial branches of government. The two houses of congress legislate separately and this legislation is subject to presidential veto; however congress by a two-thirds vote of each house, can override a presidential veto. The judicial branch, determining cases, may declare legislation unconstitutional, but the judiciary itself is subject to execute and legislative checking through the appointment of judges and the passage of legislation governing organization, procedure and jurisdiction of the courts. We can get a clear
idea about checks and balances system of the U.S.A through a diagram-















A Congressional check upon president
Confirm appointments by senate
Approve treaties
Impeachment

B Executive check upon congress: veto

C Congressional check upon courts

D Judiciary check upon congress by judicial review

E Executive check upon judiciary: only to make new appointments to
fill up Vacancies

F judiciary check upon executive: pass upon validity of acts of
Executives


. Separation of powers in Bangladesh:-

There is no absolute separation of powers in Bangladesh. There is an organic separation available in our country.



1. Legislative power in Bangladesh:-

The legislative branch of the government is a unicameral parliament which make laws for the nation. Parliament debates and votes on legislative bills. Decisions are decided by a majority vote of the 300 members, with presiding officers abstaining from voting to break a tie.

2. Executive power in Bangladesh:-

The president, head of the executive chooses cabinet ministers, appoints the members of the election commission, who supervises all aspects of elections. In addition, the president appoints without the need for parliamentary approval, supreme court justices and lower court judges.

3. Judicial power in Bangladesh :-

The judiciary of Bangladesh is separated from the executive since 2007. The landmark case Masder Hossain case brought the independence of
judiciary. There is a supreme court in Bangladesh. It has two division, such as, high division and appellate division. The president appoints the chief justice and other judges for sub-ordinate courts. For constitutional supremacy, the supreme court can challenge the validity of any law passed by legislative authority.


. A Comparative study on the U.K, U.S.A and Bangladesh:-

1. Separation of power system in United Kingdom:-

Along with the lack of an establishment, it is the absence of any real separation of powers which distinguishes the British constitution from most others and from the American constitution in particular. Thus in the U.K: members of one organ of government are often also members of one or more
Others. For example:
a. Legally and constitutionally, the Queen is the head of all three organs of the government, also acts as the Queen in parliament whose assent to a bill is necessary for it to become law, acts as head of the state and as fountain of justice. However, the monarch exercises very little constitutional power personally.

b. The prime minister and other ministers of the crown in the U.K must be members of one or other House of parliament and this is an important role of the constitution.

c. Executive is the law officer of the crown.

d. The British constitution, which is not a codified document.

e. The British parliament can make or change laws any matter.

f. The British has a responsible government system.


2. . Separation of power system in the U.S.A:-

The U.S constitution provides for a fundamentally complete separation of powers. In other words, the three branches of government acts as separate from each other.

a. Section 6 of the article 1 of the constitution provides that no person holding office under the U.S.A may be a member of congress. Therefore, the president and his members of administration are not member of the congress nor may critics be a member of congress.

b. In the U.S constitution is also clearly stated about which organs of
government is separate to its functions. Article 1,2,3 are the clear example of it.

c. The U.S constitution, which is a codified document.

d. American system is federal and there are two levels of government.

e. The office of the House of representatives, senate and president are all fixed in the American system, so that an early election cannot be held.



3. Separation of power system in Bangladesh :-

a. President is the head of the state and prime minister is the head of the government in Bangladesh constitution. Jatya sangsad is the parliament. The supreme court of Bangladesh is created by the provisions of the constitution of Bangladesh, 1972.

b. The prime minister and other ministers in Bangladesh must be members of the parliament. This is an important convention of Bangladesh constitution.

c. The supreme court of Bangladesh is the defender and guardian of Bangladesh constitution.

d. The constitution of Bangladesh, which a codified document.

e. Bangladeshi government system is federal.

f. The Bangladeshi system has not that responsible government.

g. In Bangladeshi system the election may be held after 5 years. If a president dies or resigns, the vice president hands out the remaining part of his team.


















 Conclusion:-

In fine, we can come to the point that the practical implications of separation of powers are present in three countries, named U.K, U.S.A and Bangladesh, but in different format. In the U.K, there is no absolute separate of powers. Visible overlaps are found in legislative, executive and judiciary. Convention, Royal prerogative customs work like checks and balance system. In the U.S.A limited separation powers or doctrine of checks and balances are presentable intend of absolute separation. At last in Bangladesh, there is an organic separation of powers. Finally, the practical implications of separation of powers, whether it is absolute or limited, should ensure the welfare of the state.

নির্বাচন-সংলাপ প্রশ্নে আওয়ামী লীগে দ্বিমত ।। সংলাপের আহ্বান জাতিসংঘ মহাসচিবের -Danik Azadi

নির্বাচন-সংলাপ প্রশ্নে আওয়ামী লীগে দ্বিমত ।। সংলাপের আহ্বান জাতিসংঘ মহাসচিবের -Danik Azadi

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