Historical Developement of Separation of Powers Essay

Historical Developement of Separation of Powers - Essay ExampleIn 17th century England, it emerged for the first time as a coherent possible action of governing body, explicitly set out, and urged as the grand secret of liberty and good government (Vile, M.J.C. 1967 Chapter 2). In the upheaval of the Civil War, the doctrine emerged as a response to the need for a new recordal theory when a system of government based upon a mixture of King, Lords, and Commons seemed no longer relevant. Growing out of the more than ancient theory, the doctrine became both a rival to it and a means of broadening and developing it into the 18th century theory of the balanced constitution (Vile, M.J.C. 1967 Chapter 2). The subversive potentialities of the doctrine were fully realized in America and France, but when its viability as a theory of government was tested its weaknesses were revealed this one revolutionary idea could to a fault become a bulwark of conservatism. (Vile, M.J.C. 1967 Chapter 2) The attack on the doctrine came in two waves First, the middle class which had most fervently supported it, now saw within its reach control of political power through extension of the franchise, and the need for a theory that was essentially a challenge to the power of aristocracy diminished however, until the Second Reform Act in England, the doctrine was sought only to be re-examined (Vile M.J.C. 1967 chapter 2). ... Changing ideas about the role of government and its structure were accompany by a changing emphasis in ideas about the nature of sovereignty. (Vile, M.J.C. 1967 Chapter 2). In earlier centuries, the need for a single omnipotent solution of power had been stressed by theorists of absolutism, and rejected by liberal constitutionalists, who swore by division of power and the limitations on power imposed by the constitution or by a higher law. Rousseaus association of unlimited sovereignty with the people led to reorientation of ideas (Vile, M.J.C. 1967 Chapter 2) .I f franchise could be restricted to those with a run a risk in the community, the idea of an unlimited, indivisible sovereign power became for the liberal individualist not a threat but a safeguard it became in the detainment of Bentham and Austin an instrument for reform of government which would increase the freedom of the individual. However, the desire for a unified system of government, whether to achieve reform or for affirmatory State action, led to a rediscovery of the role of discretion and prerogative in government. (Vile, M.J.C. 1967 Chapter 2)Realization that the functional concepts of the doctrine of separation of powers were inadequate to explain the operations of government was heightened by emerging awareness of the nature of bureaucracy the impact of Prussian bureaucracy in the 19th century, establishment of a non-political civil service in England, dissatisfaction with the spoils system in the United States, development of the Weberian theory bureaucracy, (all) l ed to a reassessment of the executive function. (Vile, M.J.C. 1967 Chapter 2). Thus the demand for establishment of harmony between the general assembly and the executive