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TABLE OF CONTENTS

Definition ................................................................................................................... 2
Explanation of Seperation of Powers ......................................................................... 2
Case study 1 ............................................................................................................ 2
Case Study 2 ........................................................................................................... 3
Significance of Separation of powers: ....................................................................... 3
Origins ................................................................................................................. 3
Locke ................................................................................................................... 3
Montesquieu......................................................................................................... 3
U.S. Constitution ................................................................................................. 3
Federalist Papers .................................................................................................. 4
Referances .................................................................................................................. 5















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Definition
The presiding member of a nation's Supreme Court system. In some nations, a Chief Justice gains his or
her position through seniority, while in other nations (including the United States) it is a position to
which an individual must be nominated and appointed. Although the Chief Justice does have some
unique responsibilities, in most nations the Chief Justice does not have a greater amount of influence
than the other judges.[
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Constitution of Pakistan (1973)--

----Art 175-Principle of Trichotomy of powers-Legislation in the nature of legislative judgment impinging
on judicial powers of judiciaryEffect- Scheme of distribution of powers in the constitution, specially
Art. 175 of the Constitution reiterates that principle of trichotomy of powers Le., legislature, executive
and judiciary, is enshrined in the constitution Where it was found that impugned legislation was in the
nature of legislative judgment impinging on judicial power of judiciary, same would prima facie be ultra
vires of the constitution.[
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Explanation of Seperation of Powers
Case study 1

Congressman William Jefferson of Louisiana is under serious investigation for public bribery. The FBI,
which is part of the executive branch, could get a warrant for Mr. Jefferson's apartment, but could NOT
get a warrant for his offices in the Capitol building - because there, he enjoys the shield of being a
congressman working on legislation that is out of the realm of the Executive branch.

Some of the legal wrangling in that case includes motions to disallow (as evidence) the loose cash found
in Mr. Jefferson's freezer (no, I'm NOT kidding - VERY cold cash!). So far, though, the separation of
powers penumbra is not covering the stuff found in his apartment because it is hard to tie it to actions
pursuant to his role in Congress.

If the evidence is shown to be related to a legitimate action as a congressman, then neither the executive
branch nor the judicial branch can touch it. That is separation of power[
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1
http://www.businessdictionary.com/definition/Chief-Justice.html
2
http://www.internationallawyer.info/2012/05/principle-of-trichotomy-of-powers.html
3
powhttps://answers.yahoo.com/question/index?qid=20071216181958AAVlHlLer over the Executive Branch.




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Case Study 2
Some time ago there was a bill to give the president what is called a line-item veto. That is, in budget
bills, it would be possible for the president to strike out some items from a budge. However, the
separation of powers in this case is due to a little constitutional clause that says only the Senate has the
power to initiate and define spending bills. So a court case has prevented the President from getting the
line item veto. That would give the President the power to build a budget, and the Constitution says
otherwise. So that activity is on hold.
I'll offer one more example. Pres. Bush and the CIA have been refusing to offer evidence to a Senate
investigating committee on a war-related incident. The Prez is claiming executive privilege based on
separation of powers. There is a serious question here, and I don't know where it will go, but if the Prez is
upheld here, he had better watch out for someone trying to impeach him on criminal grounds. That is the
ONLY time that Congress has power over the Executive Branch.[
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Significance of Separation of powers:
Separation of power (or powers) describes the distribution of the executive, judicial and
legislative responsibilities of a government among separate and distinct branches. The
framers of the U.S. Constitution believed that a separation of power would prevent the
abuse of power by an individual or governmental body.
Origins
o argued in "Politics" (350 B.C.) that a combination of governmental types Aristotle
monarchy, oligarchy and democracyshould comprise a government to prevent
extremism.
Locke
o The English philosopher John Locke wrote in the "Second Treatise of Government" (1690) that
the executive and legislative powers should not reside in the same person or governmental body;
corruption and tyranny would result otherwise.

Montesquieu
Baron de Montesquieu, a French philosopher, expanded on these nascent ideas
regarding separation of power in "The Spirit of Laws" (1748), contending that a
government's executive, judicial and legislative functions should be administered by
separate branches.
U.S. Constitution
The framers of the U.S. Constitution implicitly incorporated separation of powers by
granting specific powers to each branch of government; the U.S. Constitution was a

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powhttps://answers.yahoo.com/question/index?qid=20071216181958AAVlHlLer over the Executive Branch.




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corrective to the U.S.'s prior constitution, the Articles of Confederation, which had given
supremacy to the legislative branch.
Federalist Papers
James Madison, the primary author of the Constitution, explicitly referred to the principle
of separation of powers in "The Federalist Papers." Madison asserted that separation of
power will prevent tyranny and protect liberty.[
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Separation of powers is important because it keeps a single branch of gov. from controlling all
core functions of the government























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Referances
1. http://www.businessdictionary.com/definition/Chief-Justice.html
2. http://www.internationallawyer.info/2012/05/principle-of-trichotomy-of-powers.html
3. powhttps://answers.yahoo.com/question/index?qid=20071216181958AAVlHlLer
over the Executive Branch.