SEPARATION OF POWERS

Separation of powers is defined as the division of governmental powers that exist in a state into three organs of government. Separation of powers implies that the three organs of government- the legislature, executive and the judiciary are separated in personnel and functions. According to this principle, all the governmental powers in a state should not be rested in one person or organ of government. That is, the legislature’s main duty is to make laws, the executive, to implement laws, while the judiciary to interpret laws to safeguard the interest of the citizens in a state. According to this principle, if all these functions are to be performed by a single person or organ, it may lead to dictatorship or tyranny. This is because, human beings are power hungry, they try to expatiate (expand) any power in their possession no matter how little, and this leads to corruption, that is why Baron de Montesquieu concludes that “power corrupts, and absolute power corrupts absolutely”. He further viewed that if rights, liberty and freedom of citizens are to be maintained and guaranteed, then the three organs of government must be separated and entrusted to different people to administer.

Separation of Powers in the Cabinet System

1. Ministers in the cabinet system belong to both the executive and legislative organ of government.

2. The executive organ of government tend to have full control of the legislative organ and even the judiciary.

3. The executive is collectively responsible to the parliament.

4. Almost all the bills initiated by the executive are passed in the legislature because its members are also parliamentarians.

5. The executive appoints the head of the judiciary who does not really check the activities of those that appointed him.

from the above, there seems to be no act of separation of powers among the different organs in the cabinet system because their functions overlap.

Separation of Powers in the Presidential System

1. Ministers in the presidential system do not belong to both organs. Any legislator appointed a minister must resign as a member of the legislature in which he was elected.

2. The president is elected, not appointed from the parliament and therefore not controlled by the parliament.

3. The executive is not collectively responsible to the parliament.

4. Not all bills initiated by the executive are passed in the parliament as it happens in the cabinet system.

5. The chief justice who is the head of the judiciary is not a member of the other two organs of government.

6. The legislature and judiciary are not controlled by the executive.

In the presidential system,  the act of separation of powers among the different organs of government seems to be more visible  far more than the cabinet system because the functions of these organs do not overlap.