Mod 7

THEORY OF SEPARATION OF POWERS

Module 7

01

Introduction

04

Executive

03

Legislature

05

Judiciary

02

Check and balance

Table of

CONTENTS

Camacho, Azel Bless

I - PS - 1

Benjamin, Sarah Asher

I - PS - 1

Chua, Cherry Ann

I - PS - 1

Buenaobra, Winona Marie

I - PS - 1

Bosque, Janella Hazel

I - PS - 1

Cabalar, John Ericka

I - PS - 1

I - PS - 1

Catbagan, Romel Jason

THEORY OF SEPARATION OF POWERS

Group 2 - Module 7

Date 11/08/21

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Question 1/4

Separation

Enstrangement

Path

Introduction

Catbagan, Romel Jason

The doctrine of separation of powers implies that there should be three separate organs of government These are Legislature, Executive, and Judiciary with separate set of functions and powers.

Catbagan, Romel Jason

Montesquieu in his work “Spirit of Laws” explained why is it necessary to have seperation of powers. He also lived in the time of Louis Fourteen who gave the famous dictum, “I am the state.”

Check and Balance

Catbagan, Romel Jason

Check and Balances

Lepouvoir artere le pouvoir'' which translates to "Thus power halts power

Lawyers

Legislature

Judges

Question 2/4

Legislature

Cabalar, John Ericka

Legislature occupies an important position in the machinery of government. Will of the state is formulated and expressed through the legislature. Legislature is treated with special respect and status as it is composed of people who represents the general population. Legislature in a democratic country enacts the general rules of society in the form of laws.

Functions of Legislature

Camacho, Azel Bless

Functions of the legislature are not identical in every country. It may vary from country to country, depending on the forms of government and the provisions of the constitution.

Camacho, Azel Bless

Treaty making is a power shared between the President and the Senate.

All treaties negotiated and concluded by the president required to be ratified by the senate by a two‐third majority.

In the Philippines, the President have the power to appoint officials of the Philippine Government.

In the USA, senate shares with the President the power of making all federal appointments.

Camacho, Azel Bless

Treaties Executive Order No. 292 further provides that the Department of Foreign Affairs shall negotiate treaties and other agreements pursuant to the instructions of the President, and in coordination with other government agencies. 1987 Constitution, Article VII, Section 21, provides that “No treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds of all the Members of the Senate.”

Federal Appointments Executive Order No. 292, s. 1987 or also known as Administrative Code of 1987 shows and tells us the Power of the President under it, on number 5, The President may appoint officials of the Philippine government as provided by the constitution and laws of the Philippines. Some of these appointments, however, may need the approval of the Committee on Appointments (a committee composed of members from the House of Representatives and the Senate of the Philippines).

Camacho, Azel Bless

Legislature are the one who make laws. -The job of a Senator or a Representative is to make laws that uphold the spirit of the constitution. Senators and Representatives work on two documents: bills and resolutions. Bills is a law in the making. These are the “proposed laws” or “proposed amendment.” A resolutions, on the other hand, conveys principles and sentiments of the Senate or the HOR.

Camacho, Azel Bless

Camacho, Azel Bless

Camacho, Azel Bless

Camacho, Azel Bless

Legislature exercise control over the general administration of the country. Authorized to make laws, alter, and repeal them through the power vested in the Philippine Congress.

Camacho, Azel Bless

Legislature performs important financial functions. This branch regulates interstate and foreign commerce and controls taxing and spending policies.

Camacho, Azel Bless

Legislature works as organs of inquest of enquiries. Legislature appoint commissions of enquiry to collect information, hear evidence and make recommendations on problems facing the country.

Camacho, Azel Bless

Legislature also performs some important judicial functions. The Constitution gives the House of Representatives the sole power to impeach an official, and it makes the Senate the sole court for impeachment trials. The 1987 Constitution, Article 11, Section 3. (1) The House of Representatives shall have the exclusive power to initiate all cases of impeachment.

Camacho, Azel Bless

Legislature also performs elective functions. The Senate in the legislative branch confirms the President's nominations for judicial positions, and Congress can impeach any of those judges and remove them from office. The Senate shall elect its President and the House of Representatives its Speaker, by a majority vote of all its respective Members.

Camacho, Azel Bless

Legislature has the power to change or amend the constitution. Based on the 1987 Constitution, The Legislative Process, congress is responsible on amending or changing the constitution itself just as they can make it.

Organization of Legislature

Cabalar, John Ericka

Legislatures are classified into two, on the basis of the number of chambers it posses. When the legislature of a country is organized into two houses it is called Bi‐Cameralism and when the legislature has only one house it is called Uni‐Camaralism.

Cabalar, John Ericka

Uni cameralism Use the adjective unicameral to describe a government with only one legislative house or chamber.

Bicameralism By dividing power within the legislative branch, bicameralism helps prevent the legislative branch from having too much power—a kind of intrabranch check.

Executive

Boss

Business

Question 3/4

Executive

Bosque, Janella Hazel

Dr. Garner, while explaining the meaning of executive said, “In a broad and collective sense the executive organ embraces the aggregate or totality of all the functionaries which are concerned with the execution of the will of the state as that will have been formulated and expressed in terms of law”

The Executive refers to that organ of government which executes, administers or put into effect the laws made by the legislature. The term Executive includes the Head of the state, council of ministers and all other officials who implement the laws

Kinds Of Executive

Bosque, Janella Hazel

POLITICAL AND PERMANENT EXECUTIVE

Political executive consists of popularly elected leaders who head the office of various departments and whose tenure is a temporary one Permanent officials on the other hand, consists of all those permanent and salaried officials and subordinates who carry on the day‐to‐day work of the administration

Bosque, Janella Hazel

NOMINAL AND REAL EXECUTIVE

The executive may be real or nominal. This distinction is between Head of the state and the Head of the government. Ministers. All the actions of the government are carried out in the name of the nominal executive

Bosque, Janella Hazel

SINGLE AND PLURAL EXECUTIVES

In the case if single executive the ultimate power is in the hands of a single person, and he does not share powers with others. In the case of plural executive or collegiate executive, the executive power is in the hands of group of persons, having co‐equal authority. Federal council Of Switzerland is an example of plural executive.

Parliamentary and Presidential

•Head of the state (President)

•Prime Minister and his cabinets (Nominal Executive)

•Political executive remain in the office till he enjoys the confidence of the legislature (Real Executive)

Buenaobra, Winona Marie

Parliamentary

•Political Executive is reponsible to the legislature

• Developed in USA

• No nominal Executive

Buenaobra, Winona Marie

• Seperated from the legislature

Presidential

Functions of Executive

Chua, Cherry Ann

Judicial Function

Financial Function

Legislative Function

Military Function

•Internal Administration

•External Administration

Administrative Function

Gavel and Scale

Judgement

Judiciary

Question 4/4

Judiciary

Benjamin, Sarah Asher

It is the duty of the judiciary to interpret laws and punish the guilty

Organ of government which interpret and enforce the laws of the state

What is Judiciary?

Independence of Judiciary

Benjamin, Sarah Asher

Independence of Judiciary

If the judiciary is not independent it will not be able to give decisions against the government when required and protect the rights and liberties of the people.

Judicial independence, the ability of courts and judges to perform their duties free of influence or control by other actors, whether governmental or private.

Judicial Review

Benjamin, Sarah Asher

Judicial Review

Judicial review is a court proceeding involving the review of the lawfulness of a decision or action made by a public body.

Judicial Activism

Judicial Activism

Done

By doing this it has furthered the cause of social change or stood for upholding liberty, equality and justice for the deserving masses.

The rulings of the court based on political and personal rational and prudence of the Judges presiding over the issue.

Benjamin, Sarah Asher