Once they have made that pronouncement, never would the executive under section 5 headed by Mr. President which execute laws made by the National Assembly under section 5 of the constitution nor the legislature which is bicamerally controlled by the Senate President and the Speaker of the House of Representatives, none of them has the power to tell a court of law that the bail you have granted we are not obeying it because of that
hallowed doctrine of the separation of powers.
«It becomes patently illegal and unconstitutional for Magu to continue to be brazenly retained in office, in spite of the
hallowed doctrine of separation of powers and of checks and balances provided for in sections 4,5,6 of the 1999 Constitution and as ably espoused by Baron Dr. Montesquieu in 1748».
«While recognizing
the doctrine of separation of power, the current government's anti-corruption fight must be total and holistic.
«
The doctrine of separation of powers does not exist within municipal government,» the ruling said.
Reacting to the judgment, counsel for the Speaker, House of Assembly and the clerk, Chief Mike Ozekhome (SAN), said the judgment had made it clear «that the EFCC is not an omnibus, rampaging policeman or guardian agent that monitors state's finances, receipts, expenditure and use of state finances and that, that is the job of the state House of Assembly in line with
the doctrine of the separation of powers, horizontally and vertically.
The Court of Appeals ultimately ruled that «under
the doctrine of separation of powers, courts lack the authority to compel the prosecution of criminal actions,» and that Carter exceeded his authority by demanding Soares proceed.
That is the beauty of
the doctrine of separation of powers.»
I. To be sure,
the doctrine of separation of powers is also concerned with checking each branch's exercise of its characteristic authority.
It was precisely to prevent such arbitrary action that the Framers adopted
the doctrine of separation of powers.
I of the Constitution nor
the doctrine of separation of powers is violated by this mechanism
matter of principle based on
the doctrine of separation of powers as well as a matter of policy founded on the efficiency of the system of criminal justice» which also recognizes that prosecutorial discretion is «especially ill - suited to judicial review»... (cites omitted)
Judicial non-interference with prosecutorial discretion has been referred to as a «matter of principle based on
the doctrine of separation of powers as well as a matter of policy founded on the efficiency of the system of criminal justice» which also recognizes that prosecutorial discretion is «especially ill - suited to judicial review»... (cites omitted)
The comprehensive 1996 tort reform law violated
the doctrine of separation of powers and the one - subject provision of the State Constitution.