Friday, August 9, 2019
Analitical skills Essay Example | Topics and Well Written Essays - 2000 words
Analitical skills - Essay Example 44). The democratic space that also originates from the gains from the separation of powers has escalated the attainment of liberty in many governments. The doctrine gained original in the United Statesà as it was a provision in the constitution. In the UK, the adoption of the canon occurred much later with the Constitutional Reform Act 2005 (Benwell and Gay, 2011; Pg. 87). However, there were reform forces within the country that had started clamoring for the need to separate authority of each arm of the government (Benwell and Gay, 2011; Pg. 14). From the ongoing discussions, the paper suggests that whereas the separation of powers canon requires states to delineate clear boundaries in authority and sovereignty within the three branches of governance, some nations are still working with less formal forms and are argued to adopt the balance of powers or a fusion of the two arrangements (Calers, 2012; Pg. 51). The most notable of such countries are the UK and other states with a mo narchy system of governance. In fact, some developing nations appear trapped with the hope of attaining the freedom provided by the separation of powers seemingly becoming a myriad. This is because such countries have very superior executive, which easily usurp powers of the other state organs (Calers, 2012; Pg. 51). ... Analysis of the Separation of Powers: Executive, Legislature, and Judiciary The debate about the separation of powers has transformed over decades to the point at which people can clearly draw the boundaries between the executive, the legislature, and the courts. However, in other jurisdictions this clarity is still missing because the roles in these three arms seem to overlap (Calers, 2012; Pg. 88). Before the Constitutional Reform Act 2005 came into force, the UK Prime Minister wielded too much power that it was possible for them to influence all other arms of the government. The United States Constitution has a strong foundation for the doctrine of the separation of powers. Article 1 of the US Constitution contains powers granted to the legislature. Article II contains the powers of the executive, which rests upon the president and Article III provides for the establishment of a highly independent judiciary (Benwell and Gay, 2011; Pg. 76). The election of the Congressmen takes pla ce differently from that of the President. The Congressmen are in charge of legislation in the US. However, sometimes the executive can sponsor bills and lobby the Congress to debate and pass them as laws. A clearer example of this circumstance includes the healthcare bill also known as the Obamacare, which was sponsored by President Obama operatives in the Congress. President Obama used strategies available to him to lobby and rally the democratic Congressmen as well as a few Republicans to vote for the bill. The idea behind such initiatives was to push the state to accept the creation of separation of powers. This canon entails ideas that key institutions within a democratic state need to be functionally sovereign such that nobody should have access and unguarded power to span
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