Historical Developement of Separation of Powers Essay

Historical Developement of Separation of Powers - Essay ExampleIn 17th century England, it emerged for the start time as a coherent guess of administration, explicitly set out, and urged as the grand secret of independence and good governing body (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 physical compositional opening when a system of government based upon a mixture of King, Lords, and parking lot seemed no longer relevant. Growing out of the more ancient theory, the doctrine became both a fit 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 new 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 also 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 maxim within its reach control of political powerfulness 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 attended by a changing emphasis in ideas about the nature of sovereignty. (Vile, M.J.C. 1967 Chapter 2). In primitively centuries, the need for a single omnipotent source of power had been stressed by theorists of absolutism, and spurned 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) .If franchise could be restricted to those with a stake 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 interconnected system of government, whether to achieve reform or for positive State action, led to a rediscovery of the role of finesse 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 nineteenth century, establishment of a non-political civil service in England, dissatisfaction with the spoils system in the United States, development of the Weberian theory burea ucracy, (all) led 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