Why The Separation Of Powers

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Absolute monarchs have absolute power to make laws, indict subjects, pass judgment on them and punish them at will. To restrain monarchs, due process was introduced to separate those who indict and those who preside over hearings. When the laws of the monarchs became oppressive, the monarchy was done away with and representative institutions began to make laws and execute them.

However further separation of functions have been made between law makers and those who execute the law. This is why the separation of powers between the executive, the legislature and the judiciary is considered to be ways and means of checking any abuse of power.

President Barrow has inherited a constitution which empowers him to appoint five members of the National Assembly. Under normal circumstances in accordance with the principle of the separation of powers, he should have no authority to appoint or remove a member of the National Assembly. Since he has inherited a constitution which allows you to appoint members of the National Assembly, he does not need to be counseled not to interfere with the performance of duty with the present appointee but would leave that person to be subject to the condition of service that elected members are subjected to so as to ensure uniformity and equality of status between elected and nominated members. Principles define a person’s commitment regardless of whether a person appointed is a friend or foe. It is hoped that this wise counsel would guide his action.