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A Comparative Analysis Of Separation Of Power In The U.S.A, UK And India




Atilivi Yepthomi, LLM, School of Law, CHRIST (Deemed to be University), Bengaluru

ABSTRACT

This paper deals with the perception of separation of powers. Separation of powers is a core concept that divides authorities and duties among the legislative, executive, and judicial branches. Each branch's officials are chosen through multiple processes and holds office for a various period of time. Each branch has the option to obstruct the actions of the adjacent branches via the checks and balances mechanism. The notion of separation of powers was developed by Montesquieu, a research philosopher. He discovered that concentration of authority in one person or group of people led to despotism. As a result, he believed that governmental power should be divided among three branches: the legislature, the executive, and the judiciary. In this paper, the approach of doctrine of separation of powers in various countries like U.S.A, UK and India will be highlighted and further, comparative analysis will also be made thereof. Consequences of separation of power will be articulated and various judicial pronouncements will be discussed. This paper will also make certain recommendations on doctrine of separation of powers.

Keywords: Separation of power, separation of power in U.S.A, separation of power in UK, separation of power in India, judicial pronouncements.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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