In essence, the doctrine of separation of powers is that for a free and democratic society to exist there must be a clear separation between the three branches of government namely,
The Executive: which is the branch that executes the business of government? It comprises the President, Vice-Presidents and Ministers, the Public Service, the Defense Forces, the Police Force and other law-enforcement organizations. All the administrative, law-enforcement and coercive organs of the State fall within the Executive Branch, making it potentially the most powerful of the three branches of government unless its powers are subject to limitations.
The Legislature: which is the law-making branch? In Zimbabwe it consists of the Senate and the House of Assembly.
The Judicial branch: This interprets the law. It comprises judicial officers and the courts over which they preside. In Zimbabwe the courts are divided into superior courts, namely the Supreme Court and the High Court, and the lower courts, which are principally magistrate’s courts and customary-law courts. There are also specialized courts such as the Administrative Court, the Labors Court and the Fiscal Appeal Court.
If one of these branches encroaches upon the functions of the others, so the doctrine goes, freedom and the rule of law are imperiled. If, for example, the Executive (i.e. the President or a Minister) makes laws and enforces them, then we no longer have the rule of law but rule by a man or woman, and the governmental system will tend towards autocracy and tyranny.
Cite this article:
Nagwanshi Nisha . Separation of power of national experience. Research J. Humanities and Social Sciences. 3(1): Jan- March, 2012, 92-94.