Details

Technical Note

Educator Copy

The Trichotomy of Power

Ali Mohsin Qazilbash


INDUSTRY :

AREA : Corporate Law

ORGANIZATION : Pakistan Law

LENGTH : 30

LUMS No : 10-1009-2014-2

PUBLICATION YEAR : 2014

DESCRIPTION

KEYWORDS:

Separation of Powers,Executive,Legislative,Judiciary,Challenges,Parliament,Basic Structure Doctrine


DESCRIPTION:

This note guides the reader through the concept of "separation of powers¿, within the three organs of the state; the executive, legislative and judiciary. Examples of the US, UK and Pakistan are given to help explain this concept. It gives a brief history of the development of the theory, followed by how each country has dealt with different challenges faced in implementing this concept. This note has been written for teaching a module on the trichotomy of power at the executive level. The major teaching objectives are given below: 1. This note helps parliamentarians understand the development of the doctrine through different stages of human history, up until modern times. 2. This note re-introduces the concept of how the executive, legislature and judiciary function and interact with one another. 3. This note introduces parliamentarians to the concepts of, Basic Structure Doctrine and Supremacy of Law, with examples from the Pakistani constitution and application in case law 4. This note discusses the concept of a Federation and how the 18th Amendment has brought about a federal form of government in Pakistan. It also discusses how the levels of parliament and the President act as the Majlis-e-Shoora.


LEARNING OBJECTIVES:

1) This note helps parlimentarians understand the development of the doctrine through different stages of human history, up until modern times. 2) This note re-introduces the concept of how the executive, legislature and judiciary function and interact with one another. 3) This note introduces parliamentarians to the concepts of, "Basic Structure Doctrine" and "Supremacy of Law", with examples frok the Pakistani constitution and application in case law. 4) This note discusses the concept of a "Federation" and how the 18th Amendment has brought about a federal form of government in Pakistan. It also discusses how the level of parliament and the President act as the "Majlis-e-Shoora".


SUBJECTS COVERED:

Law