Separation of Powers Essay Example for Free

Separation of Powers Essay The major objective of this essay is to defend the assertion that separation of power in Zambia is relative. This essay will begin by giving a brief description of the concept Separation of Powers. executive, legislature and the judiciary. Thereafter, a Main Body shall provide a detailed discussion over the assertion after which a conclusion will be given to summarise the discussion. According to the online business dictionary, Separation of Powers is a constitutional principle that limits the powers vested in any person or institution. It is this principle that divides government authority into three branches namely the Executive (President or Prime Minister and the cabinet), Legislature (Parliament or Senate) and the Judiciary (Chief justice and other Judges). From this definition, Separation of Powers entails that each organ of the state, namely t will perform its functions without undue interference from the other organs. Each organ therefore, should be left to do what is assigned to it under the constitution. If any organ is not performing well it ought to be reminded and its performance monitored by way of accountability. This is not interference but a system of checks and balances in the interest of good government. But separation of powers does not mean insulation of powers because the three organs of the State, particularly the Executive and the Legislature, are at one level or another bound to interact and indeed complement each other in the running of the affairs of the State (World bank, 1992). The executive branch of the government of Zambia is made up of the chief of state president Michael Sata; vice president Guy Scott; the president is both the chief of state and head of government. Cabinet is appointed by the president from among the members of the national assembly. Chief of state includes the name and title of the titular leader of the country who represents the state at official and ceremonial functions but may not be involved with the day to day activities of government. Head of government includes the name and title of the top administrative leader who is designated to manage the day to day activities of government. For example in the UK the monarchy is the chief of state while the prime minister is the head of government. The legislative arm of the government; unicameral National assembly in Zambia is made up of 158 seats, 150 are elected by a popular vote, 8 members are nominated by the president to serve 5year terms (Bratton, 1994). Some of the functions of the legislature include; a)  Impeach the president for gross misconduct, commission of a criminal offence or violation of the constitution; b) Remove the president, cabinet ministers or any other official holding constitutional office such as the Chief Justice, Supreme Court and High Court Judges by a vote of no confidence for incompetence; c) Approve the national budget and make alterations without changing the total figure; d) Scrutinize public expenditure as well as Defense, Constitutional and special expenditure; e) Ratify the declaration of a state of emergency and approve its extension; f) Ratify the country’s foreign policy and international treaties to be entered into on behalf of the country; g) Create public offices; h) Dissolve itself. The judiciary is made up of the court system of Zambia, these include; Supreme Court (final court of appeal; justices area appointed by the president), High Court (has unlimited jurisdiction to hear civil and criminal cases, Magistrate’s court and Lo cal court (ibid). The constitution stipulates a hybrid form of government; a mixture of presidentialism with elements of the Westminster tradition of parliamentary democracy. The current system is, however, closer to the presidential model with delegated powers, and even â€Å"close to the top end of the range of presidential powers† (Burnell 2003: 48). As in other presidential systems the distribution of power between the legislative (parliament) and the executive (the presidency), is unbalanced in favour of the latter. As the 1995 Constitution review commission clearly spelled out: the president is in a position to â€Å"exercise a dominant influence on the legislature†; and â€Å"no sufficient countervailing safeguards are in place to check the executive branch and thus balance the powers† (GRZ 1995: 15, 17). One, if only formal, indication of the weakness of parliament in the Third Republic might be that the average number of bills passed did not exceed that of its predecessors in the First or Second republics. The legislature and even single MPs have various means of controlling the government and initiating legislation. These include the private member bills, Standing Orders, parliamentary questions, the Committee of Supply, the Public Accounts Committee, the Estimates Committee, the Committee on Government Assurances, the Committee on Delegated Legislation, before 1999, seven departmental orientated ‘watch-dog’ committees, as well as the ad-hoc select committees which can consider the ratification of presidential nominations to official appointments such as the attorney-general, Supreme Court judges or the governor of the Bank of Zambia. The problem with all the committees and the provisions for individual MPs to get a hold on the government is that – despite MPs’ lack of special expertise due to shifting membership in committees as well as the lack of support staff it provides â€Å"answerability† without â€Å"enforceability†, which is essential for an â€Å"effective instrument of accountability† (Burnell 2002: 307). The vast MMD majority until 2001 and the ability of government to control and monopolize the legislative timetable made parliament even weaker, although MMD MPs were by no means under the strict control of the party whip or leadership. Since the MMD lost its majority in the 2001 elections and experienced more serious internal factionalism, there are clear indications that the government has to be more responsive to parliament. However, through the powerful position of the Assembly Speaker the ruling party and the government is still largely able to control Assembly p rocedures. A similar context applies to those institutions that are supposed to be instruments of horizontal accountability, such as the Anti-Corruption Commission (ACC), the Office of the Auditor-General, the Commission for Investigations, the Drug Enforcement Commission (DEC), the ECZ and the HRC. These institutions have been proven largely ineffectual, although the courts have sometimes made rulings against the government. Again, there seems to be some improvement since 2001, which, however, seems to be well calculated and directed by the Mwanawasa government at least in the case of the ACC, when the latter was allowed to investigate corruption cases of the Chiluba government. The reason why these institutions are unable to make an impact is because, although legally autonomous, they have very few powers (apart from one exception; the ACC cannot initiate prosecution on its own), and are financially dependent on the government. They are chronically underfunded and despite being presidential appointees, all commission heads do have secure conditions of service. These institutions are therefore highly sensitive to signals coming from the Office of the President, which prompted the MMD’s first Minister for Legal Affairs Rodger Chongwe to refer to them as â€Å"agencies of illusion† GRZ (1999: 104). The Republican Constitution provides for impeachment proceedings against the president for violations of the constitution (Article 37). This provision is difficult to implement and needs a one-third majority in parliament to debate a motion alleging the president has committed â€Å"any violation of the Constitution or any gross misconduct†, while a two-thirds majority is then necessary to start an investigation by a tribunal appointed by the chief justice. If this tribunal finds that â€Å"the particulars of any allegation specified in the motion have been substantiated†, the National Assembly might by a motion of not less than two-thirds resolve that the president has been guilty. Only then shall the president cease to hold office. All attempts to impeach the president have failed in the past. Legally the civil service is non-partisan, but in practice the administration has often been politicized. This is not only a heritage of the old one-party system and a legacy of neopatrimonial rule, but has also been employed deliberately by the new administration. One case in point is Chiluba’s introduction of the post of district administrators (DAs), which are political appointees to direct politics at the district level under his control. The partisan application of the Public Order Act by the police in favour of the ruling party in the run-up to elections is another example. Generally, what has come to be known as ‘rampant’ or ‘endemic’ corruption in the cabinet and other state bodies is only possible with a willing civil service. In an authoritarian political and administrative culture where superiors are not supposed to be challenged and ‘hints’ by superiors are taken as ‘orders’, and in which legal-rational procedures are not regularly adhered to, but irregular (not to say illegal) actions or non-actions are taken as ‘normal’, the civil service cannot be non-partisan but is an instrument of the ruling party. Peter Burnell’s analysis of the endemic â€Å"financial indiscipline† clearly shows that the political and administrative framework for this â€Å"enjoys active connivance from senior government figures and is an entrenched feature of the politico-administrative culture† (Burnell 2001b: 49) in other words: it is deliberately nurtured by the political elite for personal and political gain. At present, local government is not only dysfunctional in its set up but is in many respects derelict.

Johnny got his gun :: essays research papers

When you think about it, no one likes war it is a horrible thing. The book Johnny Got his Gun defiantly proved that point, in the sense that it can leave you as a helpless human, or even kill you. If you win a war the outcome of it may be good for you but just think if you are in the position where you may not be able to move talk or even know if you are awake or asleep because your whole face has been ripped off by the shrapnel of the apposing enemy. If that isn’t torture than I don’t know what is! After reading Johnny Got his Gun, you will see the downside to the war and not just the great outcome that the public hears. Johnny Got his Gun should be read by all so they can once see the horrible part of war. You wouldn’t know it but the government hides the brutality of war very well. For instance in Johnny Got his Gun he really wanted to show the public what it was like to be a victim of the war. To do this he uses Morse code with his head to communicate to the nurse to tell them that he wants to show the public his body and what war does, but the nurses can’t because it is against the regulations of the government because they don’t want people to feel bad for him and get mad at the government for forcing him into the war through the draft. This is just one reason there are many other reasons why we should try to prevent war as much as possible. Johnny Got his Gun really brings you into the shoes of what it would be like to be a helpless war victim knowing that the rest of your life is destroyed due to war casualties. Getting the rest of your life destroyed for something you didn’t want to do in the first place just seem really out of place for our society today. The hardships that he goes through seems like hell, not knowing if you are asleep or awake, not being able to move at all, barely begin able to breath, not begin able to drink or eat, and most of all wanting to kill yourself just because you are so depressed of being a nobody, and not being able to do anything but lie in bed.

Back to the Dreamtime

â€Å"Back to the Dreamtime† wrote by H. Q. Mitchell showed that a teenage Aboriginal boy, Richard, who was a boy raised in white Australian society, however he never forget to claim himself as an Aboriginal. Therefore, he never give up to find his father’s burial ground. Richard, his brother, and his best friend on a journey of self-discovery, mystery and adventure through the Australian outback. In this novel â€Å"Back to the Dreamtime†, there are several main characters, but I would like to choose Richard and Tom to show the relationship between two of them in this novel.Richard and Tom are full of respect, they do a lot of things together, adventurous, reluctant to separate with families, and also helpful and obedient children. Richard and Tom are same ages brother, even though Richard was adopted by Tom’s parents, that’s means that they are not natural brother. They showed their respect to each other in this novel. Tom respect Richard and trea ts Richard as his biological brother. He also respects Richard as an Aboriginal and accepted him. Richard respects Joe and Sonya, even though they are only their adoptive parents.Besides, Richard and Tom do a lot of thing together. For an example, they were playing cricket together in the backyard and cleaned the attic together, so that they found the aboriginal carving on the attic. The most important is Tom went together with Richard to find his father’s burial ground. This showed that they prefer do a lot of thing together. Furthermore, both of them are adventurous. They are courageous to find Richard’s father’s burial ground without bring along with their parents.This showed that they have the spirit to adventure. Moreover, they brave to face the challenges and do not fear anything that may be will happened on them. In addition, they reluctant to separate with families. After Richard had found his father’s burial ground, he should leave with Tom and B radley, however Richard decided to stay at Hermannsburg Mission to help with odd jobs around. Tom showed his reluctant to leave his brother Richard. Richard also reluctant to leave his families so he asked Tom to take care himself hen he was waved goodbye to him. Last but not least, Richard and Tom are helpful and obedient children. Tom showed his helpful when he helped Richard to find his father’s burial ground at Uluru. It can be proved by when Richard said to Tom â€Å" I couldn’t have done this without your help. Thank you for your support. † They are obedient children because they listened to their parents when their parents asked them to clean the attic, they cleaned the attic without any objection. This showed they are obedient.In conclusion, I learned a lot of moral value between Richard and Tom. They are same ages brother but they don’t have many argument. In this condition, they showed love to each other. Moreover, Tom helped Richard to find his father’s burial ground with his sincere heart. Richard also get along very well with his adoptive families. The theme I learn in this novel is love is powerful. Richard’s parents, Sonya and Joe was worried about Richard. But they still allowed him to go to Alice Springs because they know it is important for him.

Women s Rights During The French Revolution - 1041 Words

However, ‘theory’ is the key word here, as this was not true in practice. As Johnson highlights, there were no legal provisions at any point during the French Revolution to guarantee these rights. Although the estates system was abolished, the class system remained, and there continued to be huge wealth disparity in France. As the October Days in the same year highlighted, urban workers continued to struggle to afford bread. The Declaration only guaranteed equality of rights. Although this is significant, the Declaration was by no means so revolutionary that it eliminated inequality and oppression in France. This is arguably best exemplified by examining women’s rights. The Declaration makes little progress in gender equality. Men†¦show more content†¦Since the constitution was likely to have taken a long time to compose and ratify, and France had no Magna Carta or Declaration of Independence to work from, it makes sense for Lafayette to have wanted to es tablish a list of rights to support the new French state during this interim period. Consequently, the Declaration was never meant to be the zenith of liberty and equality; that was what the constitution would be for. However, Lafayette had an agenda, and he included in his draft his own ideals for what France should be. He included provisions for universal suffrage (‘free representation of citizens’), gender equality, the abolition of slavery, and ‘the correction of the entire human establishment’. With this last phrase especially, it is essential to remember that Lafayette was writing a percussor to the constitution, the latter of which he hoped would fundamentally transform France into a free and equal society. If Mirabeau and Sieyà ¨s had not removed these clauses, it is possible that the French Revolution would have taken a different trajectory. However, it did not, and the final Declaration that was issued on the 26th August was a conservative retrea t that did comparatively little to improve the lives of the vast majority of French people. Consequently, these significant limitations of the Declaration mean that whilst it had a huge impact on the theoretical rights of French people, it was nowhere nearShow MoreRelatedWomen Of The French Revolution1696 Words   |  7 PagesWomen participated in virtually every aspect of the French Revolution. Their participation almost always proved controversial, as women s status in the family, society, and politics had long been a subject of great debate. In the eighteenth century, women were destined to cater to their husbands and families, taking on domestic roles in the home rather than public, political ones. Despite this, women in the revolution demonstrated themselves as symbols of subversive brilliance, previously unprecedentedRead MoreThe Declaration Of The Rights Of Woman And The Female Citizen858 Words   |  4 PagesThe Declaration of the Rights of Woman and the Female Citizen was written in the late 1700’s. This document is important because it shows how women are just as equal as men are. It states that, â€Å"Woman is born free and lives equal to man in her rights. Social distinctions can be based only on the common utility†(Traditions and Encounters 640). Women have always played a significant role during crises. Almost all the times they were devaluated and history did not dedicate them many pages to point outRead MoreFrance - Change over Time Essay (French Revolution)1156 Words   |  5 Pages*As the title indicates, this is a change/continuity AP essay written for World History class. Vaguely, the essay question was: Describe change and continuity in France from the mid-1700s to the mid-1800s.*Like many other European nations in the 1700 s, France experienced a dramatic shift of sentiments against the monarchy, nobility, and Catholic Church as the people, fired by rousing new Enlightenment ideals, began to question authority and emphasi ze the need for equality, liberty, and democracy.Read MoreThe American And French Revolutions1517 Words   |  7 PagesThe American French Revolutions The American Revolution and French Revolution were unique in world history because they used the ideas of freedom and equality from the Enlightenment, but understood them differently at the same time. Both revolutions occurred around the same time- the 18th Century, the American Revolution began on the 4th of July when Thomas Jefferson wrote the Declaration of Independence (Dr. Taylor). The French Revolution then follows in 1789, provoked by â€Å"...a greater demandRead MoreThe French Revolution And The American Revolution1254 Words   |  6 PagesThe French Revolution was an influential period of social and political upheaval in France that lasted from 1789 until 1799, and was partially carried forward by Napoleon during the later expansion of the French Empire. The Revolution overthrew the monarchy, established a republic, experienced violent periods of political turmoil, and finally culminated in a dictatorship by Napoleon that rapidly brought many of its principles to Wester n Europe and beyond. Inspired by liberal and radical ideas, theRead MoreThe Intellectual Movement of Enlightment828 Words   |  3 Pagesgovernment based on reason. However, John Locke’s concept differed with Thomas Hobbes’ about human nature. Hobbes felt humanity was selfish and greedy. While on the other hand, Locke believed that every individual was born good and were given natural rights by God. John Locke’s philosophies were also composed on the ideas of life, freedom, and owning property. Locke believed that the king’s power should be limited by laws enacted by the people. Baron de Montesquieu shared similar ideas with John LockeRead MoreThe Roles of Women in France863 Words   |  3 PagesFrench culture and society has evolved from many different aspects of French life. From the mastery of French cuisine to the meaning of French art, the French have changed and evolved in many ways to produce a specific modern culture, the dignified culture of th e French. One thing that parallels the progress and continuation of French culture is the role of women throughout France. Compared to other nations, the role and rights of women in France were confronted earlier and Women’s suffrage was enactedRead MoreThe French Revolution, A Tale Of Terror And Hope For Our Times1423 Words   |  6 PagesAntonio Florez His -131 L. Parker 04/29/16 The French Revolution The topic that I will be writing about is the French Revolution and how it affected France as a nation. The book that I read was The French Revolution, A tale of Terror and Hope for Our Times, by Harold Behr. This book gave a very large and broad overview of what transpired during the French Revolution, which occurred during the years of 1789-1799. Though the book covered a lot of material that happened throughout those years, IRead MoreWomen s Struggle For Equal Rights860 Words   |  4 Pagesand America, Women had no political rights and were forced to rely on men. The women were destined to live a life of a house wife, she was only seen competent enough in society to raise and educate kids and take care of her household. In both countries, the revolution increased the population’s attention to political matters and made liberty and equality very important to the people. Unfortunately, Women did not claim any rights during this time, but the women of the French Revolution and the activitiesRead MoreThe Goals Of The French Revolution1360 Words   |  6 PagesBeginning in 1789, the French Revolution was a time of rebellion, passion, betrayal, death, violence, and perseverance. Before 1789, King Louis XVI was taxing his poorest people heavily, whilst the rich were hardly taxed at all. The socioeconomic system in place at the time, known as the ancien regime, ruthlessly upheld the status quo. When the tension in France rose to a boiling point, fiery, young rebels to rose up against the Monarchy, the Ancien Regime, and the Clergy. These revolutionaries desperately