Separation of power in African Governments. A case study of Kenya under the new constitution 2010.

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Abstract

The principle of separation of powers is a system of vesting power of the state in separate branches that is the executive, legislature and the judiciary1 . The separation of power is a model for the governance of a state. This model was developed in ancient Greece and came into wide spread use by the Roman public as part of the unmodified constitution by the Roman public society. Under this model, the state is divided into three branches each with separate and independent powers and areas of responsibility such that there shall not be concentration of power on one organ of government. The full implementation of this principle is the cornerstone of democracy. The function of these three state organs, the inter-relations between them and the conflict that arises in the course of the execution of their functions is the backdrop of this study. 2 The term trias politica or separation of powers was coined by Charles- Louis de second at baron dela Bre'de et Montesquieu, an 18th century French social 1 (dictionary.reference.com). 2 www.ncls.org/default.aspx) (en. wikipedia.org/ separationofpower) 3 and political Philosopher. His publication "spirit of laws" is considered one of the greatest works in political history and jurisprudence. It also inspired the constitution of the United States. Under this model therefore, the political authority of the state is divided into the legislature, executive and judicial powers. He asserted that to promote liberty, these powers must be separate and acting independently. 3 

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APA

MWANIKI., M (2021). Separation of power in African Governments. A case study of Kenya under the new constitution 2010.. Afribary. Retrieved from https://afribary.com/works/separation-of-power-in-african-governments-a-case-study-of-kenya-under-the-new-constitution-2010

MLA 8th

MWANIKI., MAINA "Separation of power in African Governments. A case study of Kenya under the new constitution 2010." Afribary. Afribary, 12 Jun. 2021, https://afribary.com/works/separation-of-power-in-african-governments-a-case-study-of-kenya-under-the-new-constitution-2010. Accessed 28 Mar. 2024.

MLA7

MWANIKI., MAINA . "Separation of power in African Governments. A case study of Kenya under the new constitution 2010.". Afribary, Afribary, 12 Jun. 2021. Web. 28 Mar. 2024. < https://afribary.com/works/separation-of-power-in-african-governments-a-case-study-of-kenya-under-the-new-constitution-2010 >.

Chicago

MWANIKI., MAINA . "Separation of power in African Governments. A case study of Kenya under the new constitution 2010." Afribary (2021). Accessed March 28, 2024. https://afribary.com/works/separation-of-power-in-african-governments-a-case-study-of-kenya-under-the-new-constitution-2010