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Principle of Separation of Powers and Concentration of Authority

By Tej Bahadur Singh

Published In

Air 2001

The principle of ‘separation of powers’ deals with the mutual relations among the three organs of the Government namely legislature, executive and judiciary. The origin of this principle goes back to the period of Plato and Aristotle. It was Aristotle1 who for the first time classified the functions of the Government into three categories viz. deliberative, magisterial and judicial. Locke recommended that the legislative and executive functions should be placed in separate hands, for the efficiency as well as for the protection of liberty. He categorized the powers of the Government into three parts namely executive, legislative and federative, but the last of these (i.e. federative) involves the power regulaing the foreign relations2. Locke distinguished between what he called ‘continuous executive power’ and ‘discontinuous legislative power’. Within continuous executive power he included executive and judicial power, while discontinuous legislat ....

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