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Evolution of the rule of 3 in governance
Context:
The historical, modern, and contemporary aspects of separation of powers in constitutional governance give a rule of law for people.
Historical Evolution of Separation of Powers
- Antiquity Roots: Ancient thinkers like Aristotle and Polybius laid the groundwork for separation of powers in governance.
- Montesquieu's Influence: French philosopher Montesquieu's 18th-century work, "The Spirit of the Laws," articulated the importance of separation.
- Locke's Caution: Philosopher John Locke emphasized the risks of concentrating legislative and executive powers within the same authority.
Modern Interpretations and Application
- Constitutional Recognition: The US Constitution and India's Constitution acknowledge separation of powers, though not in absolute rigidity.
- Constitutional Bench's View: India’s Supreme Court recognizes the doctrine but emphasizes the differentiated functions of each governmental branch.
- Expanded Principles: Legal scholar Jeremy Waldron proposed five principles, including division of power, checks and balances, bicameralism, and federalism.
Contemporary Status and Terminological Shift
- Survival in 2023-24: The principle endures under the umbrella term "division of powers," emphasizing its continued relevance.
- Enforceability Challenge: None of the principles are enforceable in written constitutions, each dividing power uniquely.
- Holistic Constitutionalism: The editorial underscores the necessity of multiple principles working together for effective constitutional governance.
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