WORKSHOP G - SEPARATION OF POWERS
COMMONWEALTH PARLIAMENTARY CONFERENCE Johannesburg, South Africa
59th Workshop G - 4 September 2013
SEPARATION OF POWERS AND GOOD GOVERNANCE
Moderator:
Hon Henry Chimunthu Banda, MP (Malawi)
Discussion Leaders: Hon. N.S de Silva, MP (Sri Lanka)
Deputy Roy Le Hérissier (Jersey)
Hon Michael Carrington, MP, Speaker of the House of Assembly (Barbados) Justice Charles Mkandawire, Vice President (CMJA)
Summary
Delegates discussed the origin and development of the doctrine of Separation of Powers and the importance of good governance. Discussions centered on the differences between developed and developing countries, those that have written and unwritten constitutions, and the difficulties experienced by Small States regarding separation of powers.
It was proposed that if
Legislatures wanted to fulfill their responsibilities effectively, they needed to be financially and administratively independent.
Discussion
Hon. N.S De Silva, stated that the world is governed by monarchies of some form or by tribal leaders/ kings. All the powers are vested in this
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person as the lawmaker, executor and judge. Reform had to take place, hence the coining of the doctrine by French political thinker Montesquieu and the separation of the three arms. The cardinal principle enshrined in the separation of powers is that people in one area should not be controlled by those in another. It is important that there should be no over-concentration of power within any arm of government. He traced the origins and developments of the doctrine and emphasized that each Branch has separate powers and a distinct area of responsibility. Though the roles of the Judiciary interpreting the law, the Legislature formulating laws and the Executive executing policies have long been standard practice, Mr De Silva argued there are difficulties with the concept in the modern day. This
is due to not seeing the full operation of the theory in practice coupled with no strict separation between the three arms. Stressing the importance of free and fair elections, he referred to the independent Judiciary and the checks and balances in ensuring each of the arms properly executes its responsibility.
Good governance on the other hand relates to improving the quality of governance which is essential for economic development. Many studies have highlighted the positive correlation between good governance and economic performance. Some indicators include accountability, political stability, effectiveness, rule of law and the control of corruption. Quoting a popular economics journal he stated that good governance is not only critical to development but that it is the
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