An overview of Diminished Responsibility and Intoxication

The separation of powers

The theory of the separation of powers was first put forward by Montesquieu, a French political theorist in the 18^th century.  The theory states that there are 3 functions of the state: 

• The Executive (government) have strict authority and responsibility to administer the law. 
• The Legislative (parliament)  make the laws and are also authorised to raise taxes and other money bills.                                
• The Judiciary (the judges) apply the law

Why should they be separate? 

• To stop one arm from gaining absolute power and abusing the power they are given. 
• To allow each arm to become more specialised. 
• To stop bias decisions being made (e.g. if a judge makes a law and then tries a case dealing with this law, he may make the wrong decision because of the opinion that has already been made.