legislative
and
independent
judicial
and
branches,
as
impartial judiciary.’
well
as
the
existence
of an
See
International Principles
on the Independence and Accountability of Judges, Lawyers and
Prosecutors,
_Practitioner’s
Commission of Jurists,
Guide
No.
1, __ International
2004, p.19.
64. The principle of separation
of powers
is aptly captured
in Articles 3
and 4 of the Inter-American Democratic Charter as follows:
“The executive,
three
the legislature and the judiciary constitute
separate
Different
and
organs
of the
responsibilities.
permissible
independent
By
for any
State
virtue
have
of
branch
branches
of government.
exclusive
this
and
separation,
of power
specific
it is
to interfere
not
into the
others’ sphere.”
65. However,
O.
H.
&
we do also reproduce
Jackson,
P.,
Sweet & Maxwell,
a persuasive argument
‘Constitutional
2001. 8th Edition,
and
in Phillips,
Administrative
Law’,
p.12 on the limitations of a
complete separation of powers:
“A
complete
distribution
separation
of the
three
of
powers,
functions
in
the
sense
of government
of
among
three independent sets of organs with no over-lapping
co-ordination,
government
taken
to
would
to
a
advocate
(even
if theoretically
stand-still.
is
conferment of too much
the
What
the
prevention
of
or
possible)
doctrine
tyranny
a
bring
must
by
be
the
power on any one person or body,
and the check of one power by another.”
Reference No.1 5 of 2014
Page 29