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单词 separation of powers
释义
separation of powers
separation of powers the doctrine, derived from Locke and Montes- quieu, that power should not be concentrated but separated. The tra- ditional separation is between the LEGISLATURE, the EXECUTIVE and the JUDICIARY. A complete separation is unwieldy. In the UK it is nothing like complete, with the Lord Chancellor, the highest judicial officer,

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and the Lord Advocate, the highest judicial officer in Scotland, sit- ting in Parliament. Indeed, the Lord Chancellor sits in Cabinet. Mem- bers of Parliament sit in the government, and 'the government' in the sense of appointed members of the government extends usually to a very large number of Members of Parliament.

In the USA, the theory was carried to its most practically perfect. Executive power lies in the President, legislative power in the Con- gress and judicial power is in the Supreme Court. However, the need to function and coordinate is achieved by a series of checks and bal- ances that also serve to prevent either of the three organs gaining the ascendancy. The Supreme Court can strike down legislation, but its members can be impeached or its membership extended with presi- dential appointments while these appointments themselves may not be confirmed by the Senate.

A similar situation can be seen in the EUROPEAN COMMUNITIES, where the Council, the Commission and the Parliament are linked in a series of relationships that are even more sophisticated than the system in the USA because they have flexibility built into their structure, for example, to allow the Parliament to acquire more and more power as it becomes ever more representative of the peoples of Europe.

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更新时间:2024/10/27 3:35:21