WORKSHOP G - SEPARATION OF POWERS
A participant partaking in the discussion
most important factor in determining whether a country has the capacity to use resources effectively to promote economic growth and reduce poverty. He drew the links between the doctrine and good governance and concluded that for the one to be effective, the other was also required. Deputy Roy Le Hérissier started his presentation by agreeing with much of the theoretical background given by the previous Discussion Leaders. He referred to good governance as “the process by which authority is exercised in managing national resources and the capacity which exists to formulate and implement policies and discharge functions”. He discussed the differences between the presidential and parliamentary systems and emphasized the importance of an independent civil service, arguing that the civil service should not be micro- managed.
Deputy Le Hérissier expressed
that under the Westminster system, the Legislature is often seen as subordinate to the Executive, and control could be considerable where parties existed especially in a country where there was a strong majority party. Characteristics of small jurisdictions that could influence practice and theory include:
• The multiple roles paled by personalities; • Difficulties in guaranteeing the independence of institutions; • Manpower shortages and skills shortages; and • Politicization of institutions and issues leading, for example, to pressure on civil service and micro- management.
He stressed that the political behaviour in small states differ given they have their own peculiarities. For instance, they are experts at curbing hostility, deferring their own views,
containing disagreements, and avoiding disputes in the interests of stability and compromise.
As a way forward, he suggested that special attention be paid to mechanisms to ensure the impartiality of administration and justice. Processes which rely on independent decision making should be particularly robust. Appeal systems and complaint bodies should have a strong independent element and Parliamentarians should be able to operate independently of the Executive through scrutiny mechanisms that have been vested with significant powers. In conclusion, he stated that party affiliations should be “left at the door” and that regular reviews of institutions and their effectiveness should be conducted. Hon. Michael Carrington, MP, provided a definition of a “pure doctrine” of the separation of powers. This is essential for the establishment and maintenance of political liberty
for the government to be divided into three branches or departments namely the Legislature, the Executive and the Judiciary. To each of these Branches there is a corresponding identifiable function of government. Each Branch of the government should be confined to the exercise of its own function and not be allowed to encroach upon the functions of the other Branches. Furthermore, the persons who compose these three agencies of government should be kept separate and distinct, and no individual should be allowed to be a member at the same time of more than one Branch. In this way each of the branches will be able to check the other and no single group of people will be able to control the machinery of the State.
Mr Carrington stressed that it is virtually impossible to find the formulation, as stated above, being implemented anywhere. Referring to Montesquieu, he stated that the
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