Problem Solving

Separation of Powers : Police

Abstract : Mostly in every democratic country there are three main elements i .e . Legislative , Executive and Judiciary . The Legislative authority has power to amend or passed any Law for the welfare of the state , society which execute through judiciary and implement the same through executive authority . So it can be said that all powers and interlinked with each other , but where as the implementation is concerned Police plays significant role to implement the law by using physical powers with statutory authority . Police also face problem of interference

apart from their regular difficulties . These problems have to be cleared which helps the police to work more efficiently . This explains about the separation of powers in the first part . After that it deals with the importance of police and their problems , in the end it will suggest ways and means to clear those problems and improve the situation

TABLE OF CONTENTS

Abstract

Introduction

Background

Doctrine of Separation of Powers

Police Administration

Problems of Police

Solutions

Compromise

Conclusion

Introduction

The purpose of law is to organize the society and to maintain peace and tranquility . If it is not accomplished the objective of law will fail The laws are made by the legislature and there is a prolonged and established procedure to enact laws . The executive with the help of the authorities should execute these laws . And judiciary will help in resolving any disputes arising out of law and with the help of the laws Some of the systems are founded based on the principle of separation of powers

Some systems are clearly founded on the principle of separation of powers , while others are clearly based on a mingling of powers

Background

In olden days , the supreme power was vested in the king . He was having all powers of legislature , judicial and executive . All these powers were vested in one person . Establishment of democratic countries is a new trend . Abraham Lincoln explains the principle of democracy as `the democracy is for the people , by the people and to the people . In the place of `police state , `the welfare state ' occupied . In this welfare state the governmental system is also organized . The government has three wings 1 ) Legislature , 2 ) Judiciary , 3 ) Executive . In almost all democratic countries these three separate functionaries are working There is a triangular relationship in between these three machineries Doctrine of separation of powers

After Boding , Locke , Montesquieu , analyzed the separation of powers systematically and scientifically . `Esprit des Lois (The Spirit of the Laws ) book on separation of powers where it explained the theory and its necessity for implementation

The fundamental object of this doctrine is the liberty and freedom of an individual . Montesquieu did not value the English common law .This doctrine will not allow the executive , judiciary and legislature to encroach upon the power confined to the others

The main problems with this principle are

1 ) Enforcement of a rigid conception of separation of powers would make modern government impossible . The modern state is...