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After the successful upheaval against British rule, 13 former colonies ratified the Articles of Confederation in 1781, thereby creating a loose confederation of sovereign states. But soon the demand for a new constitution arose. As the Articles of Confederation left too much power to the states (Lowi, Ginsberg and Shepsle, 2006: 78), economic progress was impeded by local restrictions and boundaries. So power had to be taken away from the former colonies in order to establish a strong national government. By signing the Constitution in 1787, fifty- five representatives agreed on giving away some of the powers they had enjoyed under the Articles of Confederation on the condition that the government accept certain limitations on its powers: federalism, individual rights and separation of powers (Lowi, Ginsberg and Shepsle, 2006: 79).
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Unless these departments be so far connected and blended as to give to each a constitutional control over the others, the degree of separation which the maxim requires, as essential to a free government, can never in practice be duly maintained.
The unanimous Declaration of the thirteen united States of America, When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.
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In India, functions are separated from powers rather than the other way around. The idea of the separation of powers is not properly followed in India, unlike in the US. The court has the authority to overturn any unlawful legislation that the legislature passes thanks to a system of checks and balances that has been put in place.
Because it is unworkable, the majority of constitutional systems today do not have a tight division of powers among the several organs in the traditional sense. Although the theory of separation of powers is not expressly recognised in the Constitution in its absolute form, the Constitution does provide provisions for a fair division of duties and authority among the three branches of government.
Separation of power has been accepted and adopted across the globe. The United States has one of the most initially established versions of this doctrine, which finds its origin in its constitution. The theory of separation of powers in various aspects has been included in certain other constitutions around the world. The Australian Constitution favours the devolution of legislative functions to the executive rather than judicial institutions. This idea is also believed to be the foundation of the Sri Lankan Constitution. France is another country where this doctrine has an effect, and this doctrine flows out of the French constitution. The United Kingdom too has a separation of powers concept on an informal note. Some of the prominent countries that have adopted this concept are as follows:
The three branches continue to significantly overlap and are not properly divided. Administrative tribunals rather than regular courts handle many issues that emerge during the course of government. However, by preserving key components of fair judicial procedure, the impartiality of the tribunals is kept intact. Senior justices have frequently stated that a division of powers is the foundation of the British Constitution. It cannot be emphasised enough how deeply rooted in the separation of powers the British Constitution is while being mostly unwritten. Parliament makes the laws, and the judiciary interprets them.
Despite the fact that France is credited with creating the theory of separation of powers, its Constitution recognises it in a flexible way. The legislative branch is defined as distinct from the executive branch in Articles 1 and 2 of the French constitution. Its dual court system is a crucial element that preserves the separation of powers.
Since becoming independent in 1972, Ceylon and subsequent Sri Lanka have allegedly been operating according to the trias politica (three organs of the government) paradigm. However, many would contest the level of independence that each branch of the government has enjoyed since 1972. The effectiveness of the checks and balances in place to preserve this independence and the separation of powers is likewise a topic of contention.
The theory of separation of powers in its strictest form is considered undesirable and unworkable. As a result, it is not entirely acknowledged in any nation on earth. However, its importance resides in emphasising the checks and balances that are required to avoid abuse of the vast executive powers.
One aspect of the theory of separation of powers is checks and balances. According to this characteristic, each organ has certain checking abilities over the other two organs in addition to its own power. The inter-organ relationships are governed by a system of checks and balances during the process.
The separation of powers is an excellent safeguard against the abuse and haughtiness of power. Because various departments are given varying degrees of authority, the emergence of a dictatorship is prevented. The idea is sound in that it can restrain tyranny on the part of those in authority. The idea makes sure that too much authority is not centralised in one branch of the government. By doing this, the desire to misuse authority is avoided.
The Cabinet system of government existed at the time Montesquieu formed his thesis on the division of powers. At the time, Britain lacked a clear division of authorities. Instead, there was a focus on who was responsible for what. Montesquieu incorrectly assumed that there was a division of powers in Britain after seeing the British people enjoy their freedom. He had the politics of Britain wrong.
As a result, the theory of separation of powers in its strictest definition is seen undesirable and unworkable. As a result, it is not entirely acknowledged in any nation on earth. However, its importance resides in emphasising the checks and balances that are required to avoid abuse of the vast executive powers.
270civil war history Gamaliel Bailey and Antislavery Union. By Stanley Harrold. (Kent and London: Kent State University Press, 1986. Pp. xvi, 312. $28.00.) Editors of abolitionist and other reform journals played a vital role in disseminating the ideas of the various movements they represented. Gamaliel Bailey's long and distinguished career as an antislavery editor provides a good example and Stanley Harrold's biography a good picture of the reformer as editor. Bailey, born in New Jersey, attended medical school in Philadelphia, sailed as a merchant seaman, and edited a religious journal in Baltimore before moving to Cincinnati in 1832. After practicing medicine briefly, he became a convert to abolitionism and worked with James G. Birney on the Philanthropist before becoming its editor when Birney moved to New York. Bailey's entire working lifewas devoted to antislavery work, mostly as an editor and behind-the-scenes organizer. In 1847 he became editor of The National Era, the only antislavery newspaper published in the nation's capital. Bailey was a moderate in antislavery circles and an early advocate of political action as an effective abolitionist tactic. Although he recognized that the Constitution's writers supported slavery, he broke with William Lloyd Garrison on the wisdom of attacking the political system itself. He tried to separate the moral issues of slavery from the political power he believed available for its restriction. The federal government could limit slavery and denationalize it, but it was the people of the southern states who had to end it. He believed slavery could be abolished by convincing southerners that it was harmful and wrong to continue enslaving humans. He saw the antislavery movement as part of a much broader reform impulse toward human freedom. Although he never compromised his basic opposition to slavery, he moderated his tactics and language in the interest of winning over those in both North and South who were open to antislavery ideas. The National Era played a significant role in popularizing antislavery views, in part because it was published in Washington and in part because of the high quality of journalism which Bailey practiced. Many of the southern editors who exchanged journals with the Era found its approach less repugnant than that of Garrison's Liberator. Bailey also carried considerable news of governmental activity as well as contemporary literary works. James G. Whittier wrote for it, and, of course, its pages were the first to publish Harriet Beecher Stowe's Uncle Tom's Cabin. Bailey's paper dominated the field until 1854, when journals sponsored by the new Republican party came into competition with it. Bailey was never fully convinced of the possibility of a multiracial society. As one of the earliest formulators of the Slave Power Conspiracy theory, he emphasized slavery's harm to free whites, and on several occasions he proposed racial separation, even the colonizing of free black book reviews271 people in Latin America. On this, as on many other issues, Bailey was ambivalent and inconsistent. At times he favored working with the Whigs or the Democrats, at other times heproposed a separate, antislavery party. Even his closest friends could not always rely on his support. On three differentoccasions, forwhat he believed were pragmatic political reasons, he urged friends not to become candidates for president. Because there is no collection ofGamaliel Bailey papers, much of this book is based on his published writing. Thereaderlearns moreabouthis ideas as expressed at a specific time than of his private views or his personality . In addition to writing and editing, Bailey provided information to antislavery congressmen. His home was a center of social life for the Free-Soilers and others who leaned toward that position. More details on those weekly gatherings would have helped round out the picture. A scholarly biography of Gamaliel Bailey was long overdue. His many contributions as an editor alone would make this work worthwhile. His lengthy service as an advocate of a clearly defined antislavery political party adds to his importance. However, along with his ability and willingness to work long hours, Bailey was a difficult colleague. He was a loner who sparked several political movements but seldom followed through. None of the antislavery political parties he...