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SOP.doc - 5. Separation of Powers and Checks & Balances SOP...

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5.Separation of Powers and Checks & BalancesSOP means that the functions of government must be classified as:oLegislative – making lawoExecutive – executing the lawoJudicial – resolving disputes through the application of the lawthese functions must be performed by different branches of governmentor personsthe doctrine is in essence a method of limited government orconstitutionalismthe purpose of SOP is to prevent excessive concentration of power in asingle person or bodypurpose of checks & balances is to make branches of governmentaccountable to each otherExample – power of the judiciary to review laws & conduct of theadministrationThe 1996 ConstitutionConstitution had to conform to CP VI:There shall be a separation of powers between the legislature, the executiveand judiciary, with appropriate checks and balances to ensure accountability,responsiveness and openness.

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Term
Fall
Professor
NoProfessor
Tags
Law, Separation of Powers, Example

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