Abstract
The doctrine of separation of powers, introduced by Montesquieu in The Spirit of Laws, delineates government functions among the legislative, executive, and judiciary to prevent the centralization of authority. This article explores its implementation in France, South Africa, and Germany, emphasizing the increasing dominance of the executive in contemporary governance.
France exemplifies a centralized executive system under the Fifth Republic, with significant powers vested in the President, moderated by judicial checks. South Africa’s post-apartheid constitution prioritizes human rights and judicial oversight but faces challenges like political corruption and weak governance. Germany’s Basic Law enforces a federal system, balancing the Chancellor’s authority with coalition dynamics and judicial independence.
The study highlights how the separation of powers adapts to different political and cultural contexts. France’s executive strength, South Africa’s judicial activism, and Germany’s federal balance reflect diverse responses to modern governance challenges while safeguarding democracy and human rights.
Keywords: Separation of powers, Montesquieu, executive dominance, France, South Africa, Germany, judiciary, federalism, human rights, governance.
Introduction:
The doctrine of separation of power divides the functioning of government into three organs legislative, executive and judiciary. All these three organs work independently and play their vital roles. This doctrine was brought to safeguard the concentration of power in a single branch of government. This concept was brought by a French Jurist, Montesquieu in his book The Spirit of Laws. However in recent years the separation of power has been shifted towards the executive dominance. This article will give us information about the changes in the constitutional system of France, South Africa, Germany. The concept of separation of power ensures that every organ of the government should work properly.
In the era of growing governance, when the world is facing several challenges like economic crisis, security challenges, has resulted in the expansion of executive organ. In many countries the government have started to rely on the executive and emergency power which have laid concerns on the executive dominance over separation of power.
France:
In French political system the separation of power has its own flexibility and is one of the biggest example of executive dominance where the executive power has been divided between the President and the Prime Minister. The French government have the ability to appoint their Prime Minister, dissolve the National Assembly and even rule by decree in exceptional cases.
French President is the most powerful leader than other leaders of the most advanced country like UK, USA and even Germany. They not only command the armed forces but also take great steps in policy making agendas. Here the Prime Minister is the second in command to the President.
Constitutional Framework:
The constitution of France has been ratified on 28th spt,1958 and came into effect on 4thoct, 1958. Charles de Gaulle has introduced this Fifth Republic constitution which was drafted by Michel Debre.
Fance has a bicameral legislature consisting of the upper house and the lower house, the power is been shared by the President and the Prime Minster. So like India here the President enjoys the executive power. The National Assembly holds more legislative power and can even dismiss the government through a vote of no confidence.