Political Theory Chapter VII: Separation of Power

Chapter VII: Doctrine of Separation of Power

• The legislature creates laws, the executive applies them, and the judiciary interprets them
• The idea of separation of powers dates back to Aristotle, but gained significant support in the 18th century through the writings of Montesquieu, Locke, and Blackstone
• Montesquieu's Spirit of the Laws is a key work in political theory and jurisprudence, influencing the Declaration of the Rights of Man and the US Constitution
• Montesquieu argued that separate legislative, executive, and judicial powers were crucial for liberty
• Separation of powers is the division of government responsibilities among distinct branches to prevent any one branch from controlling all functions
• This prevents the concentration of power and ensures checks and balances within the government
• The legislative branch enacts laws and appropriates funds
• The executive branch implements and enforces laws
• The judicial branch interprets laws and applies them to specific cases
• The three branches of the government are independent and separate in terms of function, personnel, and institutions. No single person or body can hold positions in more than one of these branches
• Complete separation of powers is not entirely possible in practice as some degree of overlap and coordination among the branches is essential to functioning governance
• This system of checks and balances protects against abuses of power and maintains liberty
• Separation of powers is present in both parliamentary and presidential systems, although the precise structures and relationships vary significantly

Separation of Powers in Parliamentary and Presidential Systems

• In parliamentary systems, the executive branch relies on the support of the legislative branch, and ministers are often responsible to the parliament
• The separation of power is not clear-cut in parliamentary systems, unlike presidential systems, where a more distinct separation between the executive and legislative branches exists.
• Presidential systems feature a directly elected head of government, while parliamentary systems typically have a head of government designated by the legislature. This difference is a key factor in how the separation of powers is structured.

Separation of Powers Under the FDRE Constitution

• The FDRE (Federal Democratic Republic of Ethiopia) Constitution details how powers are divided across its horizontal and vertical branches.
• The document outlines the principle of horizontal separation of powers to prevent concentration of power within a single branch within the government
• The constitution also defines vertical division of power, distributing authority between the central government and subnational entities

The Legislative Organ

• The legislative organ is responsible for enacting new laws and revising existing laws
• It defines the structure, powers, and operations of both public and private organizations.
• The Ethiopian House of Federation (HoF) stands apart from other legislatures, performing specific roles not aligned with traditional law-making functions.

The Executive Organ

• The executive organ is responsible for carrying out laws that the legislative power enacts. This branch of power is responsible for public administration
• Identifying the specific institutions within a government that are part of the executive branch requires examining the specific structure of each country or political system.

The Judiciary

• The judicial branch is responsible for interpreting and applying the constitution, laws and related documents to specific cases. This includes ruling on conflicts between different state institutions, citizens and the institutions of the state.
• It adjudicates disputes between individuals and between states and individuals, thereby upholding the law.
• Professional judges appointed by the government, typically the crown or a related body, generally handle judicial functions
• Federal and state court structures are both important features of governance, providing separate but overlapping jurisdictions.

Importance of the Doctrine-Why Separation of Power?

• The separation of powers aims to prevent any one part of the government from becoming overly powerful and potentially abusing its authority
• The three branches of government should check and balance each other to limit excess. Any one branch ought to act as a guard against overreaching behavior from the other two branches.

Separation of Power and Checks and Balances

• Each branch of government has powers that enable it to limit the authority of the other two branches. This is a crucial aspect of a functioning democracy or republic

Exclusive Federal Powers

• Federal powers include defense, foreign relations, immigration, major forms of taxation, currency and foreign exchange, foreign and interstate trade
• Federal powers might also include maritime shipping, inter-regional communication, and matters transcending state boundaries, like highways or certain aspects of economic activity.