The law is explicit,delegatus non Potest delegare; a delegate cannot appoint a delegate. An appointee cannot appoint another in executive position for proper check and balance and accountability in leadership.
There is move by some Ministers to amend the Act or provisional arrangements of appointments and it is dangerous to the spirit and letters of separation of power in a healthy democratic setting in an effort to be the alpha and Omega and dictating to the appointees in Executive Positions.
The principle of separation of powers divides government responsibilities into three distinct branches—legislative (law-making), executive (law-enforcing), and judicial interpreting the law)to prevent tyranny and ensure checks and balances.
Developed significantly by Montesquieu, it ensures that no single body controls all government functions,thus protecting civil liberties and promoting accountable governance.
Key Aspects of the Doctrine:
Distinct Branches: The legislature (e.g., Parliament/Congress) makes laws, the executive (e.g., President/Prime Minister) implements them, and the judiciary (courts) interprets them.
Independence: Each branch is restricted to its own sphere of authority and should not interfere with the functions of the others.
Personnel Limitation
The same person or group should not be part of more than one branch of government simultaneously.
Checks and Balances:
While separate,the branches are interdependent, providing a system where they can limit each other’s power to prevent abuse.
Purpose and Benefits
Prevents Tyranny:
By avoiding concentration of power in one person or body, it prevents despotic rule.
Efficiency: Allows for specialisation, as each branch focuses on its specific role.
Rule of Law: Protects citizens’ rights and maintains accountability within the government.
Application and Variations:
Strict Separation: Found in Presidential systems like the U.S., where the executive is separate from the legislature.
Partial/Fusion
Separation: Common in parliamentary systems (e.g., UK), where the executive (Prime Minister/Cabinet) is drawn from the legislature, although the judiciary remains independent.
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Separation of powers is the constitutional doctrine of the division of powers of government into the three branches of legislative, executive and judicial ..
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