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Assignment on Comparative Legal

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Added on  2020-10-05

Assignment on Comparative Legal

   Added on 2020-10-05

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Comparative legal
Assignment on Comparative Legal_1
Table of ContentsINTRODUCTION...........................................................................................................................1TASK ..............................................................................................................................................11. Differences in how the doctrine of Separation of Powers applies in the US and Australia,and the role that 3 organs of Government play in ensuring that there is a Separation of Powers.....................................................................................................................................................12. Compare how the UK’s unwritten Constitution differs from Malaysian written constitution.....................................................................................................................................................5CONCLUSION ...............................................................................................................................7REFERENCES................................................................................................................................8
Assignment on Comparative Legal_2
INTRODUCTIONComparative law refers to the study of similarities and differences between legal systemsof distinct countries. It involves the description and evaluation of foreign laws, even where nodefinitive comparison is undertaken 1. This is defined as the method of comparing laws and suchcomparisons gives results related to distinct legal cultures that are being analysed. This report isbased on legal systems of different countries. It covers differences in doctrine of separation ofpowers applies in Australia and United States and role that three government organs play inensuring separation of powers. It also covers comparison of United Kingdom's unwrittenconstitution with Malaysian written constitution. TASK 1. Differences in how the doctrine of Separation of Powers applies in the US and Australia, andthe role that 3 organs of Government play in ensuring that there is a Separation of PowersSeparation of powers refers to the model for governance of state. It ideates a tripartitesystem in which powers are delegated by constitution into 3 organs of government and each oneis isolated to its functions. Separation of powers defines the fundamental principles of USgovernment, whereby responsibilities and power are divided among executive, legislative andjudicial branch. The doctrine of separation of power depicts that executive, judiciary andlegislative powers of government should be divided into distinct divisions and are notconcentrated in one. Due to corrupting nature of power, these departments must be different andseparate. In political system, “Checks and Balances” are there which limit the power of everybranch to prevent its abuse. Separation of power divides the state in 3 branches and providespower to each branch to fulfil distinct tasks. Duties are assigned in such a way that every branchcan assess exercise of powers by others 2. It results in similar level of power possess by eachinstitution or branch. No one can become much powerful so as to control the system entirely.Separation of power is crucial because it gives a vital method of 'checks and balances'. It primarily ensures that the distinct branches or institutions control each other to makethem accountable to one another – these are “Checks”. 1Mattila, H. E., 2016. Comparative legal linguistics: language of Law, Latin and modernlingua francas. Routledge.2Vile, M. J. C., 2012. Constitutionalism and the Separation of Powers. Liberty Fund.1
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