Title: Comparative study on separation of power in India and the USA

Authors: Rajamani Shankar

Addresses: Symbiosis Law School, 62 A Block Phase, 47/48 Opposite Nokia Siemens Building Sector, 2, Block A, Industrial Area, Sector 62, Noida, Uttar Pradesh 201301, India

Abstract: The Lockean Constitution, in its broadest sense, is a complex system of power separation. Locke split political authority between an executive and a legislature, both with their own fiduciary trusts to operate in the public interest. This concept is one of the most important factors when it comes to democracy of any country, a country who has a written constitution and is in a habit of performing for the welfare of the country and its people will admit to this process. Basically, this argues a system where the judicially, executive and legislative have different independent powers and how other cannot influence the one to make a policy or a decision. The study explores the various key aspects of the two countries namely, the USA and the Republic of India to enhance the key factors, compare the differences in these mentioned countries.

Keywords: trias politica; legislative; executive; judiciary; constitution; separation; India; the USA.

DOI: 10.1504/IJHRCS.2023.133756

International Journal of Human Rights and Constitutional Studies, 2023 Vol.10 No.4, pp.361 - 366

Received: 09 Jun 2022
Accepted: 13 Jun 2022
Published online: 03 Oct 2023 *

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