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Separation of powers requires a different source of legitimization, or a different act of legitimization from the same source, for each of the separate powers. If the legislative branch appoints the executive and judicial powers, as Montesquieu indicated, there will be no separation or division of its powers, since the power to appoint carries ...
Separation of Powers In July 2007, the Court of Appeal held that the doctrine of separation of powers was an integral part of the Constitution; under the Westminster System Malaysia inherited from the British, separation of powers was originally only loosely provided for. [ 18 ]
Separation of powers is a political doctrine originating in the writings of Charles de Secondat, Baron de Montesquieu in The Spirit of the Laws, in which he argued for a constitutional government with three separate branches, each of which would have defined authority to check the powers of the others.
In other, mainly complex states, structural dualism is expressed as a division of power between two constitutive units. Functional dualism is common in parliamentary systems , like those in the Netherlands , Luxembourg , and Sweden , where the term dualism is used to refer to the functional separation of powers between the cabinet and parliament .
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According to the doctrine of the separation of powers, one of the important functions of the judiciary is to keep the executive in check by ensuring that its acts comply with the law, including, where applicable, the constitution. Ouster clauses prevent courts from carrying out this function, but may be justified on the ground that they ...
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Judicial review is one of the checks and balances in the separation of powers—the power of the judiciary to supervise (judicial supervision) the legislative and executive branches when the latter exceed their authority. The doctrine varies between jurisdictions, so the procedure and scope of judicial review may differ between and within ...