Home / Essay Samples / Government / Federal Government / Separation of Powers

The Concept of Separation of Powers in Zambian Constitutional Law

Essay details

Law, Crime & Punishment , Government

Judiciary , Federal Government

Judicial System , Separation of Powers

  • Words: 2704 (6 pages)

Please note! This essay has been submitted by a student.

Get quality help now

separation of powers in zambia essay

Verified writer

Proficient in: Judiciary , Federal Government

separation of powers in zambia essay

+ 75 relevant experts are online

More Separation of Powers Related Essays

In this essay I will discuss the rules of interpreting status and make attempts to understand why statutory interpretation is so vital in our legal system. Statutory Interpretation is the process of interpreting statues. It was ...

Conservative philosopher Roger Scruton states in an article for BBC that democracy is overrated, therefore equal freedom and protection of human rights should be given more attention than prior to democracy. Democracy can be ...

Essays, UK, (2018). Why Do we need Laws In Society? Philosophy essay. Retrieved from https://studymoose.com/purpose-of-laws-in-society-essay.

In a foreseeable dystopian future, the anime Psycho-pass presents a judicial system that is closely aligned with a Utilitarianist mindset. In the anime, citizens are punished for having a high crime coefficient, when one has an ...

The broad purposes served by the government is to promote order and provide general welfare to the people. The meaning of to promote order is to set laws, without them it would cause chaos because the people would have free will ...

I consider that it is a paradigm that we have to obey the law just because it is the law and that it is really what citizens understand by law, sometimes we only know that the law is issued by the deputies in some congress, ...

Should judges be elected or appointed? This essay engages in a thought-provoking analysis, exploring the merits and drawbacks of each selection method due to the fact that we as Americans are taught and educated from a young age ...

A Custom is any established mode of social behavior within the community. Various dimensions of human behavior which are prescribed by the community or society hint at the conceptual frame of custom. It is considered as one of ...

As important and crucial it is to follow the law, it is not uncommon to come across those that fail to adhere to the body of rules governing our conduct. Incidences as such unfortunately arise, and when they do, many serious ...

apologies

This feature is still in progress, but don't worry – you can place an order for an essay with our expert writers

We use cookies to offer you the best experience. By continuing, we’ll assume you agree with our Cookies policy .

Choose your writer among 300 professionals!

You cannot copy content from our website. If you need this sample, insert an email and we'll deliver it to you.

Please, provide real email address.

This email is exists.

ECZ logo

The ECZ website may not display correctly as it is not optimised for your browser. Please consider updating your browser.

Arms of Government

The separation of powers entails the separation of the three arms of government; legislature, judiciary and executive

Contents on this page

The Executive

The legislature, the judiciary.

  • Separation of Powers

The Executive is the branch of government that is responsible for the daily administration of enforcing the laws, formulating and implementing policies in the country. The Executive branch is headed by the Republican President, and includes the Cabinet, Government line ministries and public service departments.

Some of the functions of the Executive

  • Enforce the law that is made by parliament through the various law enforcement agencies such as the Zambia Police (ZP), Anti-Corruption Commission (ACC), Drug Enforcement Commission (DEC), Road Transport and Safety Agency (RTSA) among others.
  • Formulate and implement government policies and programmes through various line ministries and other spending agencies such as: Youth Empowerment Policy under the Ministry of Youth, Sports and Child development, Citizen Economic Empowerment Commission (CEEC) under the Ministry of Commerce, Trade and Industry etc.
  • Provide services such as health, education, state security etc.
  • Carry out delegated legislative functions such as issuing of Statutory Instruments.

The Legislative arm of government is responsible for making laws, repeals, amends and providing other oversight roles such as scrutinising government programmes and approving government financial estimates (budget).The legislative power of the Republic of Zambia is held by the National Assembly which consists of 156 directly elected members and not more than eight (8) members nominated by the President. It is headed by the speaker.

Some of the functions of the Legislature

  • Scrutinise government policies and programmes
  • Scrutinise government expenditure plans by making inputs into the national budget, to approve and monitor the national budget.
  • Looking closely at the actions of the executive and checking its powers so that the government is responsible and accountable. It does this through:
  • Ratify appointments made by the President of certain constitutional office holders, for example, the Chief Justice, the Chairperson and Members of the Electoral Commission etching
  • Reviewing the performance of governmnet ministries and departments
  • Checking on how government resources are used. By doing this it makes sure to prevent poor administration of public resources for all citizens to benefit.
  • Questions put to ministers by members of the National Assembly (Members of Parliament-MPs)
  • Motions submitted by back benchers which give members an opportunity to debate government policy on matters of public concern.

Note: The National Assembly has the power to impeach the President and the Vice – President for violating the Constitution or for gross misconduct.

The Judiciary is the arm of government that is responsible for interpreting the laws made by the legislature. It has the power to adjudicate over legal matters and decide on legal disputes through courts. The Judiciary is created by the Constitution and is headed by the Chief Justice.

Some of the functions of the Judiciary

  • Interpreting the laws of Zambia
  • Adjudicating over legal matters
  • Deciding on legal disputes

Courts in Zambia

The Constitutional Court

  • Hears and determines matters relating to the Constitution.
  • Hears and determines matters relating to the Presidential election disputes emanating from nominations, first ballot and second ballot.
  • It attends to appeals from lower courts/tribunals
  • Its decision is final.

The Supreme Court

  • This is the final Court of Appeals.
  • Hears appeals from the Court of Appeals.
  • Hears appeals from the High Court

Note: Supreme Court and the Constitutional Court rank equivalently.

Court of Appeals

  • Hears appeals from High Court.

The High Court

  • Hears National Assembly election disputes that arise from nominations and the poll.
  • Hears appeals from Subordinate Courts except for matters under the exclusive jurisdiction of the Constitutional Court.

All members of the Judiciary are expected to be independent and impartial. They should carry out all their functions in accordance with the law.

Separation of Power

The principle of separation of powers means that there should be no overlap in the powers and functions of the different arms of government. It sets limits on the work of the Judiciary, the Legislature and the Executive. It provides checks and balances that prevent abuse of power by any of the three arms of government.

  • No arm of government should interfere with the functions and work of any of the other arms.
  • No arm of government should be more powerful than the others.

Download Resources

  •     Voter Education Facilitators Handbook
  •     The Electoral Process Act
  •     Principles for Election Management Monitoring and Observation-SADC
  •     Constitution of the Republic of Zambia

Question icon    FAQs

  • What is election recount?
  • How many Voter Education Centres do we have in Zambia?
  • Is Electoral Commission of Zambia independent/ autonomous?
  • What is the voting procedure?
  • How are elections results transmitted from a polling station to the National Results Center?
  • View more questions

© Voter Education Resource Library

We are the Voter Education Resource Centre established to eradicate Electoral IGNORANCE.

We Are Also Social

The Electoral Commission of Zambia,

Haile Sellasie Avenue Elections House, New Building P.O.Box 50274

Lusaka Times

  • Partner with Us

Join our community of SUBSCRIBERS and be part of the conversation.

To subscribe, simply enter your email address on our website or click the subscribe button below. Don't worry, we respect your privacy and won't spam your inbox. Your information is safe with us.

  • Send Pictures
  • To Advertise
  • Privacy Policy
  • Comments Policy
  • General News
  • Photo Gallery

Separation of powers and accountability a mere suggestion in PF government: The case of confiscated Mukula logs proceeds.

Mukula Logs

By Nkonkomalimba Kafunda

Broadly defined Separation of powers, refers to the division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another. The intent is to prevent the concentration of power and provide for checks and balances.

It follows, therefore, that the three arms of government keep each other in check and accord each other respect, not overstepping their roles. From the foregoing, lands and natural resources minister Jean Kapata’s revelations in parliament in regard to the status of Mukula tree logs that had been confiscated from illegal loggers in or around 2017, come as a major shock to say the very least.

Ms. Kapata last week told the house that the confiscated logs had been sold by ZAFFICO and the proceeds used to revamp Kawambwa Tea Company,without the money ever going to the treasury, an illegality, a clear breach of government financial regulations. Additionally, the logs whose market value is US$2500 per tonne were sold at a paltry US$600.When quizzed by UPND MPs led by former finance minister Situmbeko Musokotwane who wanted to know why the money had not passed through treasury as stipulated by law, Kapata said it was government policy to revamp Kawambwa Tea and as the money was not budgeted for, government took the money straight to Kawambwa. When asked by Kabompo MP Ambrose Lufoma if that was not an abrogation of financial regulations Kapata said “’I mentioned that it is government stance and as we stand today ,sir, ZAFFICO is a timber company and it is hundred percent owned by government, and the people there are Forrestors and therefore if government saw the need to revamp Kawambwa and we have money that is not budgeted for, money we confiscated from illegalities government had the right to divert the money to revamp the ailing company, and that is what we did,’’

Probed further by Solwezi MP Teddy Kasonso Kapata said government had not made a mistake as the money had not gone missing but was used to revamp an ailing entity

On the $600 selling price rather than the $2500 market price, she flimsily replied that the buyers had to pay duty, arrange insurance,transport and other related costs, making the cost when the Mukula lands at it’s destination $2500.

In short, money was spent without going into the Ministry of Finance account 99. spent without parliamentary a approval. Secondly, the logs were sold at just 20% of their true value. The little declared proceeds , just over US$7.5 million instead of at least US$30 million were undoubtedly looted hence the deliberate and calculated neglect of laid down, time proven government controls. By any measure, This was a fraud followed by a cover up.

If the Executive had any respect for the legislature this and other excesses would never occur. The arrogance with which she responded to the Opposition lawmakers, showed that she held them in contempt and no matter how much they queried, it was a done deal and there would be no consequences.It is because of this lack of respect for parliamentary oversight, as dictated by both the law and the doctrine of separation of powers that we have found ourselves in the most precarious of positions in many aspects of governance, lsuch as unsustainable debt accumulation.

While the Executive is supposed to go to parliament to seek authority to contract debt, loans have been and are still being contracted unilaterally. To add insult to injury the PF through Bill 10 seeks to remove this seldom used oversight provision of the 2016 constitution,altogether.

So were do we draw the line?. Ms. Kapata, in a nutshell, informed parliament that it is government policy to misappropriate public funds. As if that were not enough it is highly unlikely that whatever procurement processes, real or imagined, entered into by Kawambwa Tea met government regulations and followed laid down procedure. This lack of accountability and transparency makes a mockery of the often proclaimed austerity measures, the country’s quest for fiscal fitness, debt sustainability and other conditions that may qualify us for the essentially critical bailout packages from the IMF and other such institutions to avoid default on our unsustainable sovereign debt obligations, a default which as things are going is a certainty.

editor

As usual, much ado about nothing. ZAFFICO was just listed on LuSE, Kawambwa Tea is now running and is under IDC now. Ba Nkonkomalimba, why not propose ideas to GRZ rather than criticise everything??

At Zambian Citizen, what has the listing of ZAFFICO got to to with anything? The concern here isn’t that Kawambwa tea is running or that it is under the IDC, it is that a product was solf without following the law. Already this stinks of corruption! perhaps the Mukula was sold at the 2500, and the rest of the money pocketed. If there is nothing wrong with the transaction, why not do it publicly?

A wrong shielded in theft, misappropriation and outright disregard of the law. Nkonkomalimba has brought out governance issues here and all you see is criticism. That is the problem with chaps who are beneficiaries of this theft!!

It is as clear as glass. The money raised from this sale was pocketed by a few individuals (the famous mukulagate that we all know of unearth by the EIC) and a paltry sum in small change was taken to kawambwa tea company to pay some casuals to show that money was pumped into that company and is now running.q

Still talking about mukula? That is history…

Spiderly something: here we go again…. Yaaaawnnn…. Enjoying my scotch while waiting to watch the reds roll again…..

What is history ? Stealing ?

BTW can you update us on lubinda, tasila et al sueing EIA ?

There is no sueing , they stole mukula and got outed …..

We will never forget the mukula stolen by lungu, talisla and lubinda ……

You wish. We are coming after you!

Comments are closed.

Copper Queens Striker Norin Betani Dies

Bruce mwape mourns betani, upnd trustee criticizes former president lungu’s proposal to scrap the free education policy, president hichilema orders flags at half-mast in honor of late namibian president geingob, former president edgar lungu’s driver arrested for drug trafficking.

  • Headlines 23886
  • General News 21337
  • Sports 11331
  • Economy 10841
  • Rural News 4399
  • Columns 3316
  • Health 2716
  • Terms and conditions
  • Privacy policy

© Lusaka Times

A comparative study of the application of separation of powers in Zambia,the United kingdom of Great Britain and the United states of America

Thumbnail Image

Journal Title

Journal issn, volume title, description, collections.

Home Essay Examples Politics Separation of Powers

The Doctrine Of Separation Of Powers

  • Category Politics
  • Subcategory UK Politics
  • Topic Separation of Powers

Download PDF

Introduction

The essay seeks to explain on the doctrine of separation of powers under the Zambian constitution from the three limbs. It also espouses the functions of each of the three organs of the government in Zambia.

Separation of Powers

The principle of separation of powers finds its roots from the ancient world, where the concepts of governmental functions, and the theories of mixed and balanced government, were evolved .

Our writers can write you a new plagiarism-free essay on any topic

The Oxford Dictionary of Law defines separation of powers as the doctrine that the liberty of the individual is secure only if the three primary functions of the state (legislative, executive, and judicial) are exercised by distinct and independent organs. According to the Black’s Law Dictionary, Separation of powers is the division of governmental authority into three branches of government… each with specified duties on which neither of the other branches can encroach; the constitutional doctrine of checks and balances which the people are protected against tyranny. All These definitions sum up to one point which simply means that the three organs of the government can work accordingly without disturbing each other. Besa, a renowned author, states that it entails a system where each of the three institutions work independently of one another so as to foster democracy and accountability in the course of governance.

The doctrine of Separation of powers can be traced to medieval and ancient theories of mixed government, which argued that the processes of government should involve the different types of elements in society such as aristocratic, democratic interests, and monarchic. The first modern formulation of the doctrine was brought about by a French writer, Baron de Montesquieu, in one of his writings, ‘De l’esprit des lois (1748)’, although John Locke, an English philosopher, had earlier made an argument that legislative powers should be divided between Parliament and the Crown.

This principle is very fundamental in the course of having an organized state. It has separate and independent powers and areas of responsibility among the organs of the government. This is simply because they do not have to interfere with each other. It prescribes the appropriate allocation of powers and limits those powers, to differing organs. In other words, it removes the amount of power in any institution’s hands, so that it makes it difficult for them to abuse it.

The doctrine of separation of powers was conceptualized as early as 384-322 BC in early Greece by philosophers like Aristotle, who identified the elements through which governance took place. In one of his writings, ‘The politics’, he stated that:

“There are three elements in each constitution in respect of which every serious law giver must look for what is advantageous to it; if these are well arranged, the constitution is bound to correspond to the differences between each of these elements. The three are, the deliberative, which discusses everything of common importance; second, the officials; and third, the judicial element” .

The three elements Aristotle refers to are the three organs of the government (Executive, Legislature and Judiciary).

Bibliography

  • Besa M. (2015). Constitution, Governance and Democracy. Ndola: Mission Press p.137
  • Martin, A.E. and Law, J. (Eds.). (2006), Oxford Dictionary of Law (5th Ed.). Oxford. Oxford University Press
  • M.J.C. Vile, (1967), Constitutionalism and the Separation of Powers, Indianapolis: Liberty fund,

Internet Sources

  • Teacher, Law. (November 2013). Separation of Powers. Retrieved from https://www.lawteacher.net/free-law-essays/judicial-law/separation-of-powers.php?vref=1

We have 98 writers available online to start working on your essay just NOW!

Related Topics

Related essays.

By clicking "Send essay" you agree to our Terms of service and Privacy statement . We will occasionally send you account related emails.

By clicking "Receive essay" you agree to our Terms of service and Privacy statement . We will occasionally send you account related emails.

We can edit this one and make it plagiarism-free in no time

We use cookies to give you the best experience possible. By continuing we’ll assume you board with our cookie policy .

Academia.edu no longer supports Internet Explorer.

To browse Academia.edu and the wider internet faster and more securely, please take a few seconds to  upgrade your browser .

Enter the email address you signed up with and we'll email you a reset link.

  • We're Hiring!
  • Help Center

SEPARATION OF POWERS AND THE DOCTRINE OF CHECKS AND BALANCES

Profile image of Natasha Chanda

2021, Separation of powers And the doctrine of checks and balances

Related Papers

peter kambole

This paper will discuss the above extract giving examples where instances such as the one described above occur. In order to understand the origins of the usefulness of the doctrine of separation of powers the initial part of the paper will look at the historical background of the doctrine. This will be followed by an illustration of an almost perfect operation of the doctrine in the United States of America, and finally we shall consider how the United Kingdom and Zambia have modified or rather violated the doctrine of separation of powers in its original form. Thus discussions of the system of government in the United Kingdom and Zambian will provide us with the most appropriate examples of departure from the doctrine and help us appreciate the effectiveness of this doctrine in Zambia.

separation of powers in zambia essay

bhakti ram ghimire

Jill S Kornetsky PMP

ELPIDIUS MULENGA

Constitution making process has been a challenge in Zambia and there is lot to be done to find the lasting solution

J. JEPCHUMBA CHESEREK

Bicameralism is a constitutional principle that has survived Kenya’s long struggle for constitutional reforms and good governance. It is not an idea that came in 2010 and hence not an entirely alien concept in Kenya’s history. The Constitution set in motion an array of institutional reform to promote good governance. Of greater concern for purposes of this dissertation is the re-introduction of bicameralism. A bicameral legislature is seen across the political divide as an effective means to check the excesses of unicameralism that had projected the country into both socio-economic and political dark past. Even though the Constitution is anchored on inter alia constitutional principles of separation of powers, public participation, democracy, social justice, equality as the minimum essential values of good governance. The Kenyan political system, introduced under the 2010 Constitution has paved way for a complex web of checks and balances between newly created branches of government. The Constitution resurrected the senate, transforming Kenya into a bicameral system for the first time since the 1960s. Consequently, whereas institutionally the 2010 Constitution conceptualizes the basic tenets of bicameralism, the functional arrangements drifts it back to unicameralism especially in matters not perceived to be touching on devolved units thereby creating impotent bicameralism.

Priscillia Enietan

ABSTRACT The Legislature like every other institution of the State hardly functions without encountering some form of crisis. This is why it is often said that conflicts are inevitable and perhaps necessary for the learning democratic process of the time. However, the Nigerian legislature has become notorious for crises and a quick reference for a dwindling system. Despite the hallowed status of the legislature in the society, adequate attention has not been paid to bring an end to the persistent political crises suffered by the legislature. Instead, the nation collectively suffers the brunt from these crises. This study therefore undertook a legal assessment of the political crises by investigating its nature, extent, causes and effects in order to proffer workable solutions. Kogi State House of Assembly was adopted as the focus for the research because of its striking history which is laden by political crises experiences. Party politics, Party defection, Personal Interest/leadership, Executive nterference, and the Inadequate Sanctioning of erring legislators were discovered to be some of the traceable causes of political crises in the legislature. Being a legal assessment, this research also interrogates the legal framework for the operation of the legislature vis a vis the political crisis in the legislature. The assessment was carried out by exposing provisions in the 1999 constitution of the Federal Republic of Nigeria (as altered); the Legislative (Powers and Privileges) Act, 2017 and the Standing order of the Kogi State House of Assembly, 2017 which indirectly and directly provide a breeding room for political crises to loom. The effects of the crises are far reaching on legislative functioning, legislature-executive relations, on the lives of the legislators themselves and on the society in the larger picture. The study adopted the qualitative research method, while data were gathered from primary and secondary sources. In-depth non-scheduled structured interviews were conducted on selected honourable members and principal officers of Kogi State House of Assembly. As a result of the findings, this long essay recommends that concerned provisions of the law be reviewed to prevent the manifestation of factors causing the crises; that the legislative arm of Government needs to be genuinely independent in order to check executive interference in its affairs and that all state assemblies should see to the establishment of a legislative Service Commissions to strengthen parliamentary democracy.

The Broken Promise: Kenyatta's Love for Abusive Constitutionalism and Imperial Presidency

Joshua Malidzo Nyawa

Unlike in the past when dictators would come to power through military coups, today’s dictators come to power through elections ( and in most of the times, they are elected by the majority), unlike in the yester-years where the dictators would promise to dismantle the constitution, the would-be dictators of today promise the realisation of human rights. Although everything might look so normal, no military tanks, no machine guns, no armed forces in the streets, the would-be dictators of today seek to achieve the same goals of the yester-years dictators. In this paper I will show how the current president has fallen to the autocratic temptation. I will show this by analyzing the following happenings in kenya : the muzzling of the registrar of civil societies who attempted to de register civil societies, Militarization of Nairobi county, attempt to control and direct the constitutional commissions, branding the Judiciary as Wakora, cooptation of the opposition through the famous handshake and the problematic use of Executive orders.

Mbuke Group

Bryan M Sims , Doug Coltart

In 2013, Zimbabwe adopted a new constitution. That same year a Zambian technical committee released a final draft of a new constitution over which they had been working since 2011, and the Constitutional Review Commission of Tanzania released a first draft of a proposed constitution for the United Republic of Tanzania. Each of these countries had been then and has continued to be engaged in a substantial debate both on the contents of these constitutions and on whether they were reflective of the aspirations of their citizens and the needs of the moment. So it seemed an appropriate time to make some of that debate available in a comparative way. This publication is the outcome of that very limited purpose. Each chapter takes the same shape: a short summary of the constitutional history of the country, a description of the process which established the text of the latest version of the constitution, and a review of certain key principles contained in the text.

Sorry, this document isn't available for viewing at this time.

In the meantime, you can download the document by clicking the 'download' button above., related papers.

Journal of Law and Ethics

Walter K H O B E Ochieng

Tonoya Gogoi

IJSRP Journal

abednego kavita

Bobuin Gemandze

THE CHALLENGES OF THE DOCTRINE OF SEPARATION OF POWERS UNDER THE 1999 NIGERIAN CONSTITUTION

Oluwatosin Ademodi

DATIUS didace,

DATIUS DIDACE

Australian Journal of International Affairs

Adetoun Ilumoka

joseph K O N Z A N I zulu

Pros and Cons of Governance Systems - A Comparative View

Chewe H U M P H R E Y Mumba

Vincent Onwughalu

Public Policy and Administration Research

Tiruye Tiruneh

TJPRC Publication

Babatunde Akande

Otshepeng Seemise

INTERNATIONAL JOURNAL OF LEGAL DEVELOPMENTS AND ALLIED ISSUES

Emem Udoh , James Agbadu-Fishim

Respublica Litereria

Costantinos Berhutesfa Costantinos

The German Marshall Fund of the United States in collaboration with the ARI Movement, the Black Sea Trust for Regional Cooperation and the Economic Policy Research Foundation of Turkey

Ahmet Ozcan

Gabriela Negoi

Ghai C. Jill (eds) Judicial Accountability in the New Constitutional Order (International Commission of Jurists –Kenya)

Mahnoor Shah Jhan

Collins Ogbu , Ernest Ereke

complete social studies

Davis Mwanza

Peacemore Mhodi

Oman Chapter of Arabian Journal of Business and Management Review

Okechukwu Eme

GERALD A EMEJULU

Abdul Perozani

  •   We're Hiring!
  •   Help Center
  • Find new research papers in:
  • Health Sciences
  • Earth Sciences
  • Cognitive Science
  • Mathematics
  • Computer Science
  • Academia ©2024

William & Mary Law School

Home > Journals > WMLR > Vol. 30 (1988-1989) > Iss. 2 (1989)

William & Mary Law Review

Gerhard Casper

An Essay in Separation of Powers: Some Early Versions and Practices

Repository citation.

Since September 24, 2010

Included in

Constitutional Law Commons

Advanced Search

Journal Information

  • Journal Home
  • About this Journal
  • Editorial Board
  • WMLR Website

W&M Law Links

  • Our Faculty
  • The Wolf Law Library

ISSN: 0043-5589 (print), 2374-8524 (online)

Home | About | FAQ | My Account | Accessibility Statement

Privacy Copyright

  • Search Menu
  • Browse content in Arts and Humanities
  • Browse content in Archaeology
  • Anglo-Saxon and Medieval Archaeology
  • Archaeological Methodology and Techniques
  • Archaeology by Region
  • Archaeology of Religion
  • Archaeology of Trade and Exchange
  • Biblical Archaeology
  • Contemporary and Public Archaeology
  • Environmental Archaeology
  • Historical Archaeology
  • History and Theory of Archaeology
  • Industrial Archaeology
  • Landscape Archaeology
  • Mortuary Archaeology
  • Prehistoric Archaeology
  • Underwater Archaeology
  • Zooarchaeology
  • Browse content in Architecture
  • Architectural Structure and Design
  • History of Architecture
  • Residential and Domestic Buildings
  • Theory of Architecture
  • Browse content in Art
  • Art Subjects and Themes
  • History of Art
  • Industrial and Commercial Art
  • Theory of Art
  • Biographical Studies
  • Byzantine Studies
  • Browse content in Classical Studies
  • Classical History
  • Classical Philosophy
  • Classical Mythology
  • Classical Literature
  • Classical Reception
  • Classical Art and Architecture
  • Classical Oratory and Rhetoric
  • Greek and Roman Epigraphy
  • Greek and Roman Law
  • Greek and Roman Archaeology
  • Greek and Roman Papyrology
  • Late Antiquity
  • Religion in the Ancient World
  • Digital Humanities
  • Browse content in History
  • Colonialism and Imperialism
  • Diplomatic History
  • Environmental History
  • Genealogy, Heraldry, Names, and Honours
  • Genocide and Ethnic Cleansing
  • Historical Geography
  • History by Period
  • History of Agriculture
  • History of Education
  • History of Gender and Sexuality
  • Industrial History
  • Intellectual History
  • International History
  • Labour History
  • Legal and Constitutional History
  • Local and Family History
  • Maritime History
  • Military History
  • National Liberation and Post-Colonialism
  • Oral History
  • Political History
  • Public History
  • Regional and National History
  • Revolutions and Rebellions
  • Slavery and Abolition of Slavery
  • Social and Cultural History
  • Theory, Methods, and Historiography
  • Urban History
  • World History
  • Browse content in Language Teaching and Learning
  • Language Learning (Specific Skills)
  • Language Teaching Theory and Methods
  • Browse content in Linguistics
  • Applied Linguistics
  • Cognitive Linguistics
  • Computational Linguistics
  • Forensic Linguistics
  • Grammar, Syntax and Morphology
  • Historical and Diachronic Linguistics
  • History of English
  • Language Acquisition
  • Language Variation
  • Language Families
  • Language Evolution
  • Language Reference
  • Lexicography
  • Linguistic Theories
  • Linguistic Typology
  • Linguistic Anthropology
  • Phonetics and Phonology
  • Psycholinguistics
  • Sociolinguistics
  • Translation and Interpretation
  • Writing Systems
  • Browse content in Literature
  • Bibliography
  • Children's Literature Studies
  • Literary Studies (Asian)
  • Literary Studies (European)
  • Literary Studies (Eco-criticism)
  • Literary Studies (Modernism)
  • Literary Studies (Romanticism)
  • Literary Studies (American)
  • Literary Studies - World
  • Literary Studies (1500 to 1800)
  • Literary Studies (19th Century)
  • Literary Studies (20th Century onwards)
  • Literary Studies (African American Literature)
  • Literary Studies (British and Irish)
  • Literary Studies (Early and Medieval)
  • Literary Studies (Fiction, Novelists, and Prose Writers)
  • Literary Studies (Gender Studies)
  • Literary Studies (Graphic Novels)
  • Literary Studies (History of the Book)
  • Literary Studies (Plays and Playwrights)
  • Literary Studies (Poetry and Poets)
  • Literary Studies (Postcolonial Literature)
  • Literary Studies (Queer Studies)
  • Literary Studies (Science Fiction)
  • Literary Studies (Travel Literature)
  • Literary Studies (War Literature)
  • Literary Studies (Women's Writing)
  • Literary Theory and Cultural Studies
  • Mythology and Folklore
  • Shakespeare Studies and Criticism
  • Browse content in Media Studies
  • Browse content in Music
  • Applied Music
  • Dance and Music
  • Ethics in Music
  • Ethnomusicology
  • Gender and Sexuality in Music
  • Medicine and Music
  • Music Cultures
  • Music and Religion
  • Music and Culture
  • Music and Media
  • Music Education and Pedagogy
  • Music Theory and Analysis
  • Musical Scores, Lyrics, and Libretti
  • Musical Structures, Styles, and Techniques
  • Musicology and Music History
  • Performance Practice and Studies
  • Race and Ethnicity in Music
  • Sound Studies
  • Browse content in Performing Arts
  • Browse content in Philosophy
  • Aesthetics and Philosophy of Art
  • Epistemology
  • Feminist Philosophy
  • History of Western Philosophy
  • Metaphysics
  • Moral Philosophy
  • Non-Western Philosophy
  • Philosophy of Science
  • Philosophy of Action
  • Philosophy of Law
  • Philosophy of Religion
  • Philosophy of Language
  • Philosophy of Mind
  • Philosophy of Perception
  • Philosophy of Mathematics and Logic
  • Practical Ethics
  • Social and Political Philosophy
  • Browse content in Religion
  • Biblical Studies
  • Christianity
  • East Asian Religions
  • History of Religion
  • Judaism and Jewish Studies
  • Qumran Studies
  • Religion and Education
  • Religion and Health
  • Religion and Politics
  • Religion and Science
  • Religion and Law
  • Religion and Art, Literature, and Music
  • Religious Studies
  • Browse content in Society and Culture
  • Cookery, Food, and Drink
  • Cultural Studies
  • Customs and Traditions
  • Ethical Issues and Debates
  • Hobbies, Games, Arts and Crafts
  • Lifestyle, Home, and Garden
  • Natural world, Country Life, and Pets
  • Popular Beliefs and Controversial Knowledge
  • Sports and Outdoor Recreation
  • Technology and Society
  • Travel and Holiday
  • Visual Culture
  • Browse content in Law
  • Arbitration
  • Browse content in Company and Commercial Law
  • Commercial Law
  • Company Law
  • Browse content in Comparative Law
  • Systems of Law
  • Competition Law
  • Browse content in Constitutional and Administrative Law
  • Government Powers
  • Judicial Review
  • Local Government Law
  • Military and Defence Law
  • Parliamentary and Legislative Practice
  • Construction Law
  • Contract Law
  • Browse content in Criminal Law
  • Criminal Procedure
  • Criminal Evidence Law
  • Sentencing and Punishment
  • Employment and Labour Law
  • Environment and Energy Law
  • Browse content in Financial Law
  • Banking Law
  • Insolvency Law
  • History of Law
  • Human Rights and Immigration
  • Intellectual Property Law
  • Browse content in International Law
  • Private International Law and Conflict of Laws
  • Public International Law
  • IT and Communications Law
  • Jurisprudence and Philosophy of Law
  • Law and Politics
  • Law and Society
  • Browse content in Legal System and Practice
  • Courts and Procedure
  • Legal Skills and Practice
  • Primary Sources of Law
  • Regulation of Legal Profession
  • Medical and Healthcare Law
  • Browse content in Policing
  • Criminal Investigation and Detection
  • Police and Security Services
  • Police Procedure and Law
  • Police Regional Planning
  • Browse content in Property Law
  • Personal Property Law
  • Study and Revision
  • Terrorism and National Security Law
  • Browse content in Trusts Law
  • Wills and Probate or Succession
  • Browse content in Medicine and Health
  • Browse content in Allied Health Professions
  • Arts Therapies
  • Clinical Science
  • Dietetics and Nutrition
  • Occupational Therapy
  • Operating Department Practice
  • Physiotherapy
  • Radiography
  • Speech and Language Therapy
  • Browse content in Anaesthetics
  • General Anaesthesia
  • Neuroanaesthesia
  • Browse content in Clinical Medicine
  • Acute Medicine
  • Cardiovascular Medicine
  • Clinical Genetics
  • Clinical Pharmacology and Therapeutics
  • Dermatology
  • Endocrinology and Diabetes
  • Gastroenterology
  • Genito-urinary Medicine
  • Geriatric Medicine
  • Infectious Diseases
  • Medical Oncology
  • Medical Toxicology
  • Pain Medicine
  • Palliative Medicine
  • Rehabilitation Medicine
  • Respiratory Medicine and Pulmonology
  • Rheumatology
  • Sleep Medicine
  • Sports and Exercise Medicine
  • Clinical Neuroscience
  • Community Medical Services
  • Critical Care
  • Emergency Medicine
  • Forensic Medicine
  • Haematology
  • History of Medicine
  • Browse content in Medical Dentistry
  • Oral and Maxillofacial Surgery
  • Paediatric Dentistry
  • Restorative Dentistry and Orthodontics
  • Surgical Dentistry
  • Medical Ethics
  • Browse content in Medical Skills
  • Clinical Skills
  • Communication Skills
  • Nursing Skills
  • Surgical Skills
  • Medical Statistics and Methodology
  • Browse content in Neurology
  • Clinical Neurophysiology
  • Neuropathology
  • Nursing Studies
  • Browse content in Obstetrics and Gynaecology
  • Gynaecology
  • Occupational Medicine
  • Ophthalmology
  • Otolaryngology (ENT)
  • Browse content in Paediatrics
  • Neonatology
  • Browse content in Pathology
  • Chemical Pathology
  • Clinical Cytogenetics and Molecular Genetics
  • Histopathology
  • Medical Microbiology and Virology
  • Patient Education and Information
  • Browse content in Pharmacology
  • Psychopharmacology
  • Browse content in Popular Health
  • Caring for Others
  • Complementary and Alternative Medicine
  • Self-help and Personal Development
  • Browse content in Preclinical Medicine
  • Cell Biology
  • Molecular Biology and Genetics
  • Reproduction, Growth and Development
  • Primary Care
  • Professional Development in Medicine
  • Browse content in Psychiatry
  • Addiction Medicine
  • Child and Adolescent Psychiatry
  • Forensic Psychiatry
  • Learning Disabilities
  • Old Age Psychiatry
  • Psychotherapy
  • Browse content in Public Health and Epidemiology
  • Epidemiology
  • Public Health
  • Browse content in Radiology
  • Clinical Radiology
  • Interventional Radiology
  • Nuclear Medicine
  • Radiation Oncology
  • Reproductive Medicine
  • Browse content in Surgery
  • Cardiothoracic Surgery
  • Gastro-intestinal and Colorectal Surgery
  • General Surgery
  • Neurosurgery
  • Paediatric Surgery
  • Peri-operative Care
  • Plastic and Reconstructive Surgery
  • Surgical Oncology
  • Transplant Surgery
  • Trauma and Orthopaedic Surgery
  • Vascular Surgery
  • Browse content in Science and Mathematics
  • Browse content in Biological Sciences
  • Aquatic Biology
  • Biochemistry
  • Bioinformatics and Computational Biology
  • Developmental Biology
  • Ecology and Conservation
  • Evolutionary Biology
  • Genetics and Genomics
  • Microbiology
  • Molecular and Cell Biology
  • Natural History
  • Plant Sciences and Forestry
  • Research Methods in Life Sciences
  • Structural Biology
  • Systems Biology
  • Zoology and Animal Sciences
  • Browse content in Chemistry
  • Analytical Chemistry
  • Computational Chemistry
  • Crystallography
  • Environmental Chemistry
  • Industrial Chemistry
  • Inorganic Chemistry
  • Materials Chemistry
  • Medicinal Chemistry
  • Mineralogy and Gems
  • Organic Chemistry
  • Physical Chemistry
  • Polymer Chemistry
  • Study and Communication Skills in Chemistry
  • Theoretical Chemistry
  • Browse content in Computer Science
  • Artificial Intelligence
  • Computer Architecture and Logic Design
  • Game Studies
  • Human-Computer Interaction
  • Mathematical Theory of Computation
  • Programming Languages
  • Software Engineering
  • Systems Analysis and Design
  • Virtual Reality
  • Browse content in Computing
  • Business Applications
  • Computer Security
  • Computer Games
  • Computer Networking and Communications
  • Digital Lifestyle
  • Graphical and Digital Media Applications
  • Operating Systems
  • Browse content in Earth Sciences and Geography
  • Atmospheric Sciences
  • Environmental Geography
  • Geology and the Lithosphere
  • Maps and Map-making
  • Meteorology and Climatology
  • Oceanography and Hydrology
  • Palaeontology
  • Physical Geography and Topography
  • Regional Geography
  • Soil Science
  • Urban Geography
  • Browse content in Engineering and Technology
  • Agriculture and Farming
  • Biological Engineering
  • Civil Engineering, Surveying, and Building
  • Electronics and Communications Engineering
  • Energy Technology
  • Engineering (General)
  • Environmental Science, Engineering, and Technology
  • History of Engineering and Technology
  • Mechanical Engineering and Materials
  • Technology of Industrial Chemistry
  • Transport Technology and Trades
  • Browse content in Environmental Science
  • Applied Ecology (Environmental Science)
  • Conservation of the Environment (Environmental Science)
  • Environmental Sustainability
  • Environmentalist Thought and Ideology (Environmental Science)
  • Management of Land and Natural Resources (Environmental Science)
  • Natural Disasters (Environmental Science)
  • Nuclear Issues (Environmental Science)
  • Pollution and Threats to the Environment (Environmental Science)
  • Social Impact of Environmental Issues (Environmental Science)
  • History of Science and Technology
  • Browse content in Materials Science
  • Ceramics and Glasses
  • Composite Materials
  • Metals, Alloying, and Corrosion
  • Nanotechnology
  • Browse content in Mathematics
  • Applied Mathematics
  • Biomathematics and Statistics
  • History of Mathematics
  • Mathematical Education
  • Mathematical Finance
  • Mathematical Analysis
  • Numerical and Computational Mathematics
  • Probability and Statistics
  • Pure Mathematics
  • Browse content in Neuroscience
  • Cognition and Behavioural Neuroscience
  • Development of the Nervous System
  • Disorders of the Nervous System
  • History of Neuroscience
  • Invertebrate Neurobiology
  • Molecular and Cellular Systems
  • Neuroendocrinology and Autonomic Nervous System
  • Neuroscientific Techniques
  • Sensory and Motor Systems
  • Browse content in Physics
  • Astronomy and Astrophysics
  • Atomic, Molecular, and Optical Physics
  • Biological and Medical Physics
  • Classical Mechanics
  • Computational Physics
  • Condensed Matter Physics
  • Electromagnetism, Optics, and Acoustics
  • History of Physics
  • Mathematical and Statistical Physics
  • Measurement Science
  • Nuclear Physics
  • Particles and Fields
  • Plasma Physics
  • Quantum Physics
  • Relativity and Gravitation
  • Semiconductor and Mesoscopic Physics
  • Browse content in Psychology
  • Affective Sciences
  • Clinical Psychology
  • Cognitive Neuroscience
  • Cognitive Psychology
  • Criminal and Forensic Psychology
  • Developmental Psychology
  • Educational Psychology
  • Evolutionary Psychology
  • Health Psychology
  • History and Systems in Psychology
  • Music Psychology
  • Neuropsychology
  • Organizational Psychology
  • Psychological Assessment and Testing
  • Psychology of Human-Technology Interaction
  • Psychology Professional Development and Training
  • Research Methods in Psychology
  • Social Psychology
  • Browse content in Social Sciences
  • Browse content in Anthropology
  • Anthropology of Religion
  • Human Evolution
  • Medical Anthropology
  • Physical Anthropology
  • Regional Anthropology
  • Social and Cultural Anthropology
  • Theory and Practice of Anthropology
  • Browse content in Business and Management
  • Business Strategy
  • Business History
  • Business Ethics
  • Business and Government
  • Business and Technology
  • Business and the Environment
  • Comparative Management
  • Corporate Governance
  • Corporate Social Responsibility
  • Entrepreneurship
  • Health Management
  • Human Resource Management
  • Industrial and Employment Relations
  • Industry Studies
  • Information and Communication Technologies
  • International Business
  • Knowledge Management
  • Management and Management Techniques
  • Operations Management
  • Organizational Theory and Behaviour
  • Pensions and Pension Management
  • Public and Nonprofit Management
  • Strategic Management
  • Supply Chain Management
  • Browse content in Criminology and Criminal Justice
  • Criminal Justice
  • Criminology
  • Forms of Crime
  • International and Comparative Criminology
  • Youth Violence and Juvenile Justice
  • Development Studies
  • Browse content in Economics
  • Agricultural, Environmental, and Natural Resource Economics
  • Asian Economics
  • Behavioural Finance
  • Behavioural Economics and Neuroeconomics
  • Econometrics and Mathematical Economics
  • Economic Systems
  • Economic Methodology
  • Economic History
  • Economic Development and Growth
  • Financial Markets
  • Financial Institutions and Services
  • General Economics and Teaching
  • Health, Education, and Welfare
  • History of Economic Thought
  • International Economics
  • Labour and Demographic Economics
  • Law and Economics
  • Macroeconomics and Monetary Economics
  • Microeconomics
  • Public Economics
  • Urban, Rural, and Regional Economics
  • Welfare Economics
  • Browse content in Education
  • Adult Education and Continuous Learning
  • Care and Counselling of Students
  • Early Childhood and Elementary Education
  • Educational Equipment and Technology
  • Educational Strategies and Policy
  • Higher and Further Education
  • Organization and Management of Education
  • Philosophy and Theory of Education
  • Schools Studies
  • Secondary Education
  • Teaching of a Specific Subject
  • Teaching of Specific Groups and Special Educational Needs
  • Teaching Skills and Techniques
  • Browse content in Environment
  • Applied Ecology (Social Science)
  • Climate Change
  • Conservation of the Environment (Social Science)
  • Environmentalist Thought and Ideology (Social Science)
  • Social Impact of Environmental Issues (Social Science)
  • Browse content in Human Geography
  • Cultural Geography
  • Economic Geography
  • Political Geography
  • Browse content in Interdisciplinary Studies
  • Communication Studies
  • Museums, Libraries, and Information Sciences
  • Browse content in Politics
  • African Politics
  • Asian Politics
  • Chinese Politics
  • Comparative Politics
  • Conflict Politics
  • Elections and Electoral Studies
  • Environmental Politics
  • European Union
  • Foreign Policy
  • Gender and Politics
  • Human Rights and Politics
  • Indian Politics
  • International Relations
  • International Organization (Politics)
  • International Political Economy
  • Irish Politics
  • Latin American Politics
  • Middle Eastern Politics
  • Political Methodology
  • Political Communication
  • Political Philosophy
  • Political Sociology
  • Political Theory
  • Political Behaviour
  • Political Economy
  • Political Institutions
  • Politics and Law
  • Public Administration
  • Public Policy
  • Quantitative Political Methodology
  • Regional Political Studies
  • Russian Politics
  • Security Studies
  • State and Local Government
  • UK Politics
  • US Politics
  • Browse content in Regional and Area Studies
  • African Studies
  • Asian Studies
  • East Asian Studies
  • Japanese Studies
  • Latin American Studies
  • Middle Eastern Studies
  • Native American Studies
  • Scottish Studies
  • Browse content in Research and Information
  • Research Methods
  • Browse content in Social Work
  • Addictions and Substance Misuse
  • Adoption and Fostering
  • Care of the Elderly
  • Child and Adolescent Social Work
  • Couple and Family Social Work
  • Developmental and Physical Disabilities Social Work
  • Direct Practice and Clinical Social Work
  • Emergency Services
  • Human Behaviour and the Social Environment
  • International and Global Issues in Social Work
  • Mental and Behavioural Health
  • Social Justice and Human Rights
  • Social Policy and Advocacy
  • Social Work and Crime and Justice
  • Social Work Macro Practice
  • Social Work Practice Settings
  • Social Work Research and Evidence-based Practice
  • Welfare and Benefit Systems
  • Browse content in Sociology
  • Childhood Studies
  • Community Development
  • Comparative and Historical Sociology
  • Economic Sociology
  • Gender and Sexuality
  • Gerontology and Ageing
  • Health, Illness, and Medicine
  • Marriage and the Family
  • Migration Studies
  • Occupations, Professions, and Work
  • Organizations
  • Population and Demography
  • Race and Ethnicity
  • Social Theory
  • Social Movements and Social Change
  • Social Research and Statistics
  • Social Stratification, Inequality, and Mobility
  • Sociology of Religion
  • Sociology of Education
  • Sport and Leisure
  • Urban and Rural Studies
  • Browse content in Warfare and Defence
  • Defence Strategy, Planning, and Research
  • Land Forces and Warfare
  • Military Administration
  • Military Life and Institutions
  • Naval Forces and Warfare
  • Other Warfare and Defence Issues
  • Peace Studies and Conflict Resolution
  • Weapons and Equipment

Constitutional Theory

  • < Previous chapter
  • Next chapter >

Constitutional Theory

V The Separation of Powers

  • Published: July 1980
  • Cite Icon Cite
  • Permissions Icon Permissions

This chapter discusses the doctrine of ‘separation of powers’, suggesting that it is one of the most confusing in the vocabulary of political and constitutional thought. In relation to the separateness of the judicial power from the legislative and executive branches there is further striking oddity of usage. The separation of powers doctrine has been used inconsistently both to support and to refute the need for judicial invalidation, or quashing, of legislative or executive action.

Signed in as

Institutional accounts.

  • GoogleCrawler [DO NOT DELETE]
  • Google Scholar Indexing

Personal account

  • Sign in with email/username & password
  • Get email alerts
  • Save searches
  • Purchase content
  • Activate your purchase/trial code

Institutional access

  • Sign in with a library card Sign in with username/password Recommend to your librarian
  • Institutional account management
  • Get help with access

Access to content on Oxford Academic is often provided through institutional subscriptions and purchases. If you are a member of an institution with an active account, you may be able to access content in one of the following ways:

IP based access

Typically, access is provided across an institutional network to a range of IP addresses. This authentication occurs automatically, and it is not possible to sign out of an IP authenticated account.

Sign in through your institution

Choose this option to get remote access when outside your institution. Shibboleth/Open Athens technology is used to provide single sign-on between your institution’s website and Oxford Academic.

  • Click Sign in through your institution.
  • Select your institution from the list provided, which will take you to your institution's website to sign in.
  • When on the institution site, please use the credentials provided by your institution. Do not use an Oxford Academic personal account.
  • Following successful sign in, you will be returned to Oxford Academic.

If your institution is not listed or you cannot sign in to your institution’s website, please contact your librarian or administrator.

Sign in with a library card

Enter your library card number to sign in. If you cannot sign in, please contact your librarian.

Society Members

Society member access to a journal is achieved in one of the following ways:

Sign in through society site

Many societies offer single sign-on between the society website and Oxford Academic. If you see ‘Sign in through society site’ in the sign in pane within a journal:

  • Click Sign in through society site.
  • When on the society site, please use the credentials provided by that society. Do not use an Oxford Academic personal account.

If you do not have a society account or have forgotten your username or password, please contact your society.

Sign in using a personal account

Some societies use Oxford Academic personal accounts to provide access to their members. See below.

A personal account can be used to get email alerts, save searches, purchase content, and activate subscriptions.

Some societies use Oxford Academic personal accounts to provide access to their members.

Viewing your signed in accounts

Click the account icon in the top right to:

  • View your signed in personal account and access account management features.
  • View the institutional accounts that are providing access.

Signed in but can't access content

Oxford Academic is home to a wide variety of products. The institutional subscription may not cover the content that you are trying to access. If you believe you should have access to that content, please contact your librarian.

For librarians and administrators, your personal account also provides access to institutional account management. Here you will find options to view and activate subscriptions, manage institutional settings and access options, access usage statistics, and more.

Our books are available by subscription or purchase to libraries and institutions.

  • About Oxford Academic
  • Publish journals with us
  • University press partners
  • What we publish
  • New features  
  • Open access
  • Rights and permissions
  • Accessibility
  • Advertising
  • Media enquiries
  • Oxford University Press
  • Oxford Languages
  • University of Oxford

Oxford University Press is a department of the University of Oxford. It furthers the University's objective of excellence in research, scholarship, and education by publishing worldwide

  • Copyright © 2024 Oxford University Press
  • Cookie settings
  • Cookie policy
  • Privacy policy
  • Legal notice

This Feature Is Available To Subscribers Only

Sign In or Create an Account

This PDF is available to Subscribers Only

For full access to this pdf, sign in to an existing account, or purchase an annual subscription.

  • Share full article

Advertisement

Supported by

Guest Essay

The Sun Is Setting on Indonesia’s Democratic Era

A man, the Indonesian presidential candidate Prabowo Subianto, standing before a crowd of waving people.

By Gordon LaForge

Mr. LaForge is a senior policy analyst at New America, a liberal think tank.

Indonesia’s transformation into a stable democracy over the past quarter-century was as improbable as it was remarkable.

In 1998, the country was on the brink of collapse from a devastating financial crisis and protests that brought down the brutal and corrupt 32-year Suharto dictatorship. Ethnic and religious violence across the sprawling archipelago raised the specter of Balkanization or a military crackdown.

Then, against the odds, the nation’s entrenched elites acceded to public demands for reform and the military withdrew from political life, ushering in an era of open, competitive elections. Corruption and dysfunction persisted, but the world’s fourth-most-populous country emerged as a rare bright spot for liberalism.

Dark clouds are gathering again. Indonesians will vote for a new president on Wednesday to succeed the outgoing Joko Widodo. But the man expected to win — and the anti-democratic path that Mr. Joko has set the country on — threaten many of the gains Indonesians have achieved.

The overwhelming front-runner in the race is Prabowo Subianto , a 72-year-old former army general under Mr. Suharto who has been implicated in human rights abuses , including the abduction and torture of pro-democracy activists during the anti-Suharto uprising. More than a dozen of those people remain missing and are feared dead; Mr. Prabowo was never formally charged.

He has grasped for the presidency ever since. Mr. Prabowo has criticized the reforms of the democratic era and previously called for reinstating the original 1945 Constitution, which would remove checks on presidential power and abolish direct elections. Many critics fear that he would return Indonesia to autocracy.

Perhaps equally disturbing is that Mr. Prabowo’s chances have been greatly boosted by Mr. Joko, who was once a symbol of the nation’s young democracy but has helped undermine institutions and the rule of law during his decade in power. Despite this, he leaves office, after completing the maximum two five-year terms, with approval rating s around 80 percent thanks in large part to the country’s strong economy.

Under Mr. Joko, many Indonesians have seen their lives materially improve through expanded social assistance and the building of airports, highways, seaports and other badly needed infrastructure. The economy is growing by 5 percent a year, and Mr. Joko has sought to use Indonesia’s vast nickel reserves to entice electric vehicle manufacturers such as Tesla and China’s BYD to build factories in the country.

Voters want more. What’s happening in Indonesia is emblematic of a dispiriting global trend in which countries that once championed liberal democracy are allowing it to wither, such as India under Narendra Modi and Trump-era America. Democracy is not dying suddenly or in darkness, but gradually and right before our eyes, as elites weaken democratic norms and institutions for the sake of political expediency while complacent, forgetful citizens look on.

After losing to Mr. Joko in 2014, Mr. Prabowo ran again in 2019 with a blatantly Trumpian campaign in which he embraced nationalist populism and hard-line Islamism, despite being a member of the Indonesian oligarchy — he was at one point Mr. Suharto’s son-in-law — with dubious religious credentials . Railing against elites, he pledged to “ make Indonesia great again .” After losing yet again, he whipped up supporters by denying the results . Postelection riots left several people dead.

But six months after the election, Mr. Joko appointed Mr. Prabowo as defense minister, bringing the ex-general’s hard-right Gerindra Party into the governing coalition as part of an apparent strategy to counter parliamentary opposition to the president’s economic agenda. Mr. Prabowo’s star rose again, and last October he named Mr. Joko’s 36-year-old son, Gibran Rakabuming Raka, the first-term mayor of a small city, as his running mate. Indonesian law bars anyone under 40 from becoming vice president, but the country’s Constitutional Court announced an exemption for existing officeholders like Mr. Gibran. The court’s chief justice is Mr. Joko’s brother-in-law.

Rather than bridle at this blatant interference and the whiff of nepotism, many voters instead seemed to take it as an endorsement of Mr. Prabowo by the wildly popular incumbent, propelling the Prabowo-Gibran ticket to a commanding lead in polls. Mr. Prabowo now tells voters he will continue Mr. Joko’s economic agenda. He has sought to rebrand himself as an avuncular elder statesman who performs silly dances at rallies, but his demagogic nature continues to surface in debates and campaign events.

More than half of the Indonesian electorate is under 40, and many voters are too young to remember Mr. Prabowo’s brutality during the Suharto era. Economic issues, not human rights or civil liberties, top surveys of voter concerns.

Mr. Joko, once the exemplar of his country’s democratic values, has betrayed them. A former furniture manufacturer from the slums of Surakarta, he served as the city’s mayor and later as governor of Jakarta, building a reputation as a squeaky-clean reformer in a notoriously corrupt system. That, and a folksy man-of-the-people appeal , propelled him to the presidency in 2014 and prompted fawning Western media to dub him Indonesia’s Obama .

But he leaves office with Indonesian democracy more fragile than at any time since the Suharto dictatorship. He weakened the country’s independent anti-corruption commission and signed an overhaul of the criminal code that curtailed freedom of expression, criminalized nonmarital sex and gave the government wide and ill-defined powers to prosecute critics and opponents. He has dispensed patronage , has been criticized for meddling in the internal affairs of rival political parties and allowed the military to play a greater role in civilian life.

Much of this can perhaps be blamed on the nature of Indonesian politics, which can resemble “Game of Thrones” with its horse-trading, dynasticism and the constant need to build and maintain power bases. Mr. Joko was the first president since independence in 1945 to come from outside the political or military elite. Without a network of such backing, Mr. Joko has appeased and co-opted power-brokers and rivals to ensure the passage and survival of his agenda and legacy projects like an ambitious plan to build a new capital city on the island of Borneo.

Those ambitions strongly appeal to voters. But nothing is guaranteed, especially with Mr. Prabowo. The Indonesian presidency has immense powers, and while Mr. Prabowo may campaign on continuity, he is famously erratic and ill tempered . Who knows what he will do if he finally wins the prize he has sought for so long? Even a steady continuation of Mr. Joko’s governing practices would mean democratic decline; Mr. Prabowo is likely to accelerate that.

Other large multiethnic democracies face similar threats. There is India, where big-ticket public works projects have fueled Mr. Modi’s popularity even as he rolls back democratic rights; Brazil, where militarism is en vogue as the horrors of past military dictatorships fade from memory; and the United States, where Donald Trump may get another shot at the presidency.

Mr. Prabowo is not a lock to win. He is running against Ganjar Pranowo, a former governor from central Java, and Anies Baswedan, a former university president and Jakarta’s former governor. So far, Mr. Prabowo has polled far ahead, at around 50 percent. If he fails to win an outright majority on Wednesday, there will be a runoff in June between the two top finishers.

Much could happen between now and then. For the sake of the world’s third-largest democracy, let’s hope something does.

Gordon LaForge (@gordonlaforge) is a senior policy analyst at New America. He is a former Indonesia Fulbright Fellow and has worked in the country as a journalist.

The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips . And here’s our email: [email protected] .

Follow The New York Times Opinion section on Facebook , Instagram , TikTok , X and Threads .

IMAGES

  1. (DOC) SEPARATION OF POWERS IN ZAMBIA

    separation of powers in zambia essay

  2. Separation of powers essay

    separation of powers in zambia essay

  3. Separation Of Powers Essay

    separation of powers in zambia essay

  4. The separation of powers in the South African constitution : symposium

    separation of powers in zambia essay

  5. Separation of Powers.docx

    separation of powers in zambia essay

  6. Public Law 'Separation of powers' Essay

    separation of powers in zambia essay

COMMENTS

  1. Separation of powers in theory and practice: A Zambian perspective

    The separation of powers entails the separation of the three arms of government; legislature, judiciary and executive as institutions as well as in their functions.

  2. SEPARATION OF POWERS IN ZAMBIA

    The doctrine of the separation of powers is based on the fact that the power of the state is more likely to be abused when it is concentrated in one body or person, such as an all-powerful bureau or committee or monarch or president, than when it is distributed among a number of different and separate bodies or persons who can be individually he...

  3. The Concept of Separation of Powers in Zambian Constitutional Law

    The Concept of Separation of Powers in Zambian Constitutional Law Essay details Category: Law, Crime & Punishment, Government Subcategory: Judiciary, Federal Government Topic: Judicial System, Separation of Powers Words: 2704 (6 pages) Download Please note! This essay has been submitted by a student.

  4. (DOC) SEPARATION OF GOVERNMENT POWERS

    Separation of powers has been the desire of all democratic countries, even though is a desire to have separation of powers, it is often seen on paper rather than in practical sense. this paper endeavours to discuss five articles from the Zambian constitution that are a barier and hindrance to the genuine separation of powers in zambia. See Full PDF

  5. Judicial Reform, Constitutionalism and the Rule of Law in Zambia: From

    1. Introduction I want to share with you my thoughts on judicial reform and the legal profession in Zambia. I am aware that I am offering these remarks against the background of an intense debate underway in the country about judicial reform and the state of our judiciary.

  6. Zambia'sconstitutional provisions on the doctrine of separation of

    Zambia'sconstitutional provisions on the doctrine of separation of powers: a study of the extent of its pratice. Files. adrianl0001.PDF (3.71 MB) Date. 2013-08-01 . Authors. Lisulo, Lisulo Adrian. Journal Title. Journal ISSN. Volume Title. Publisher. Abstract. Description. Keywords.

  7. PDF LAW ASSOCIATION OF ZAMBIA ANNUAL MEEETING

    separation of powers, the rule of law and constitutionalism. With this in mind, and mindful of the context of Zambia's current reform debate, I would like to address several interrelated issues: (a) the rule of law and democratic governance; (b) judicial independence; (c) appointment of judges and tenure (d)

  8. PDF University of Cape Town

    executive powers. An in-depth look at the concept of separation of powers will precede an overview of the concept of separation of powers as practiced in Zambia. Further, a brief discussion on what is currently prevailing in South Africa - a relatively new democracy compared to Zambia in terms of checks and balances, will ensue.

  9. (DOC) the separation of power with special reference to the

    This academic paper will look at the separation of power with special difference to the constitution of Zambia. It is important to note that Zambia have had about five (5) constitutions from the time it gained its independence to date. Despite minor changes to the first constitution, everything has remained the same.

  10. Arms of Government

    Separation of Power. The principle of separation of powers means that there should be no overlap in the powers and functions of the different arms of government. It sets limits on the work of the Judiciary, the Legislature and the Executive. It provides checks and balances that prevent abuse of power by any of the three arms of government.

  11. Zambia : Separation of powers and accountability a mere suggestion in

    By Nkonkomalimba Kafunda. Broadly defined Separation of powers, refers to the division of government responsibilities into distinct branches to limit any one branch from exercising the core ...

  12. A comparative study of the application of separation of powers in

    A comparative study of the application of separation of powers in Zambia,the United kingdom of Great Britain and the United states of America. Files. SugzoMDzekedzeke0001.PDF (4.53 MB) Date. 2013-08-15 . Authors. Dzekekedze, Sugzo. Mcbride. Journal Title. Journal ISSN. Volume Title. Publisher. Abstract. Description.

  13. (PDF) Separation of Powers

    The separation of powers is usually understood as a constitutional doctrine that separates government into autonomous institutions responsible for performing distinct functions. The most common ...

  14. Reimagining democracy in Zambia

    Perspectives on democratic practices in Zambia. Zambia has had a record of democratic and free elections and peaceful transitions of power, but there remains a need to promote better governance and reinforce democratic practices. Reforms are required to ensure an independent judiciary and an effective legislature, creating checks and balances ...

  15. An essay on judicial review and separation of powers

    An essay on judicial review and separation of powers introduction the aim of this essay is to discuss the importance of the doctrine of separation of powers in ... Ask AI New. My Library. Discover. University High School. Admin law 1 - An essay on judicial review and separation of powers. An essay on judicial review and separation of powers ...

  16. The Doctrine Of Separation Of Powers: Essay Example, 540 words

    According to the Black's Law Dictionary, Separation of powers is the division of governmental authority into three branches of government… each with specified duties on which neither of the other branches can encroach; the constitutional doctrine of checks and balances which the people are protected against tyranny.

  17. PDF Scanned Document

    In Zambia, High Court Judge Evans released two Portuguese soldiers who had been imprisoned by a magistrate for crossing into Zambia unarmed and in full view of a Zambian immigration officer. The judge said "there was nothing sinister" in what the soldiers did. 3 The review judgement infuriated the executive which refused to release the men.

  18. SEPARATION OF POWERS AND THE DOCTRINE OF CHECKS AND BALANCES

    Even though the Constitution is anchored on inter alia constitutional principles of separation of powers, public participation, democracy, social justice, equality as the minimum essential values of good governance. The Kenyan political system, introduced under the 2010 Constitution has paved way for a complex web of checks and balances between ...

  19. "An Essay in Separation of Powers: Some Early Versions and Practices

    By Gerhard Casper, Published on 02/01/89

  20. The Separation of Powers

    Abstract. This chapter discusses the doctrine of 'separation of powers', suggesting that it is one of the most confusing in the vocabulary of political and constitutional thought. In relation to the separateness of the judicial power from the legislative and executive branches there is further striking oddity of usage.

  21. Separation of powers

    separation of powers, division of the legislative, executive, and judicial functions of government among separate and independent bodies. Such a separation, it has been argued, limits the possibility of arbitrary excesses by government, since the sanction of all three branches is required for the making, executing, and administering of laws. ...

  22. The Separation of Powers Essay

    The Separation of Powers Essay Discuss. This essay aims to examine the reasons for and why it is important to have a separation of powers, to examine the United Kingdom's constitution, assessing our somewhat unclear separation of powers, and discussing the reasons why we do not have a strict separation, taking into account the overlaps and relationships between each limb of Government and ...

  23. Intro.7.2 Separation of Powers Under the Constitution

    See alsoBlack's Law Dictionary 1572(10th ed. 2014)(defining separation of powersas the division of governmental authority into three branches of government—legislative, executive, and judicial—each with specified duties on which neither of the other branches can encroach).

  24. Opinion

    Mr. Prabowo has criticized the reforms of the democratic era and previously called for reinstating the original 1945 Constitution, which would remove checks on presidential power and abolish ...