in Tort Law
Asked August 27, 2013

New Separation of power

  • 1 Answer

I want to know about the concept "new separation of powers"?What are the implications of this concept in different countries?

Answer 1

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Ayushi Singhal
The new separation of powers refers to the role played by the unelected bodies like the Central Banks, regulatory bodies like SEBI (Securities and Exchange Board of India) etc. in the demarcation of “boundaries between the market and the state, to resolve conflicts of interest and to allocate resources, even in sensitive ethical areas such as those involving privacy or biotechnology.” The new separation of powers include the viewing of these unelected bodies as new branches of government which are not included in the traditional separation of powers of the legislative, the executive and the judiciary. It has been developed to overcome the defects in the traditional theory of separation of powers. Whatever be the power, in the traditional approach, it has to be fit under one of the three pillars of democracy (legislative, executive and judiciary). There are instances in which a power does not fit in either, which are amongst the major drawbacks of the traditional theory, among other drawbacks. The new theory which gives recognition to the administrative bodies then comprises of the judiciary, the government and the administration bodies. Although such new theory can be seen in the emergence of the bodies like the European Union, the implications of this concept in different countries can be the increase in the accountability of all the organs as a whole. However, this and others like non arbitrariness in the decision making process and increase in the checks and balances of power will be having different implications of various countries, which are hard to predict and have been studied generally only for the US, UK, and the Ireland. Yet, one implication common to all can be a reform in public governance which will strengthen the democracy.
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