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Topic: Doctrine of separation


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In the News (Fri 26 Apr 19)

  
  Legislative Guide - Separation of Powers
Separation of powers doctrine is based on the notion that each branch of government has its own unique set of powers and that these powers are exclusive and not to be exercised by another branch of government.
Separation of powers doctrine provides that the legislative power is the power to make, alter, and repeal laws and to make legislative policy while the executive power is the power to put the laws enacted by the legislature into effect.
From a separation of powers perspective, the general rule is that if the curative legislation is not a direct legislative assertion of judicial power but merely a belated assertion of a power inherently possessed by the legislature, the curative act does not violate the separation of powers principle.
www.legis.state.ia.us /Central/LSB/Guides/lgseppwr.htm   (4267 words)

  
 Separation of powers - Wikipedia, the free encyclopedia
The separation of powers (or trias politica, a term coined by French political Enlightenment thinker Montesquieu) is a model for the governance of democratic states.
The essential difference between the separation of powers as developed in common law theory and in France was that in the former, the checks and balances inherent in the mixed constitution and in Montesquieu's analysis were incorporated into the doctrine.
The doctrine of the separation of powers is a fundamental principle of interpretation of the Constitution of the Commonwealth of Australia.
en.wikipedia.org /wiki/Separation_of_powers   (4182 words)

  
 Delegation Doctrine
That doctrine, which inheres in the Wisconsin Constitution, dictates that the legislative, executive, and judicial branches may not encroach upon each other and that legislative power is vested solely in the senate and assembly (article IV, section 1, Wisconsin Constitution).
All states whose constitutions contain a separation of powers doctrine have adopted some version of the delegation doctrine, which permits the legislature to delegate the administration of the law, as opposed to the determination of what the law should be, to nonlegislative entities, such as administrative agencies.
Thus, the delegation doctrine allows the legislature to focus on the “fundamentals” of a law and leaves to agencies the task of “filling in the gaps” by promulgating rules to administer the law.
www.legis.state.wi.us /lrb/pubs/consthi/04consthiIV1.htm   (1157 words)

  
 Biblical Separation, the Doctrine   (Site not responding. Last check: 2007-11-03)
Because the doctrine of separation stands as biblical then the fundamentalist who upholds the doctrine in preaching and practice also stands defended as being biblical.
Biblical separation comes from a caring heart that loves the one who is in doctrinal error and seeks to lead them to what is correct.
Condoning sin and doctrinal error is excusing it and compromising with doctrinal error is corrupting the truth.
bible-truth.org /Separation.html   (4167 words)

  
 What Does The Bible Say About Separation?   (Site not responding. Last check: 2007-11-03)
Although the doctrine of separation is a dominant theme throughout the Scriptures, the difficulty comes, as mentioned before, in its application.
Separation from the worldliness that feeds the old nature and sears the conscience is vital.
Refusing to obey the call to be separate is sin-whether it involves failure to separate from a false teacher or a disobedient brother.
www.fundamentalbiblechurch.org /Tracts/fbcsepr1.htm   (2953 words)

  
 Separation of Powers: Introduction
At issue was not whether the proposed Constitution embodies the separation of powers to some extent (few denied that), but whether its separation is adequate, whether the purposes for the sake of which separation of powers is indispensable are indeed well served by the peculiar manner in which the Constitution effects and compromises that separation.
His mechanical image fits his point; balance is to be sought not in total separation but in the artful involvement and mutual interactions of the several branches of the civil polity: executive, nobility, and people.
For Wilson separation entails a clear discrimination of powers, an independence whereby each power conducts its deliberations free of external influence, and a dependence whereby the actions of each are subject to scrutiny and control by the others.
press-pubs.uchicago.edu /founders/documents/v1ch10I.html   (2327 words)

  
 CITES BY TOPIC: separation of powers
Under this constitutional doctrine of "separation of powers," one branch is not permitted to encroach on the domain or exercise the powers of another branch.
That doctrine is designed to restrain the Judiciary from inappropriate interference in the business of the other branches of Government; the identity of the litigant is immaterial to the presence of these concerns in a particular case.
Separation of powers operates on a vertical axis as well, between each branch and the citizens in whose interest powers must be exercised.
famguardian.org /TaxFreedom/CitesByTopic/SeparationOfPowers.htm   (13464 words)

  
 C F C C - Delinquency Case Law
They contended that section 707(d) is unconstitutional on five grounds: (1) it violates the separation of powers doctrine, (2) it deprives them of due process, (3) it deprives them of equal protection, (4) it deprives them of the uniform operation of the law, and (5) Proposition 21 violates the single subject rule.
The Court of Appeal concluded that section 707(d) is unconstitutional under the separation of powers doctrine because it allows the prosecutor to interfere with the court's authority to choose a juvenile court disposition for minors who have committed crimes.
The dissent disagreed with the majority's analysis of the separation of powers doctrine, agreeing with the Court of Appeal that the validity of section 707(d) turns on "the substance of the power and the effect of its exercise," not the timing of the prosecutor's decision.
www.courtinfo.ca.gov /programs/cfcc/resources/caselaw/del/104.htm   (967 words)

  
 87205 -- State v. Beard -- Lockett -- Kansas Supreme Court
The doctrine of separation of powers is not expressly set forth in either the United States or Kansas Constitutions.
However, recent decisions have modified the doctrine and taken a more pragmatic, flexible, and practical approach, recognizing that there may be a certain degree of "blending or admixture" of the three powers of government and that absolute separation of powers is impossible.
Probation is separate and distinct from sentence." 236 Kan. at 851.
www.romingerlegal.com /kansas/kansas_courts/87205.htm   (4131 words)

  
 Weital and Damarlane v. Leben
The true meaning of the doctrine of separation of powers seems to be that the whole power of one department should not be exercised by the same hands which possess the whole power of either of the departments, and that no one department ought to possess directly or indirectly an overriding influence over the others.
The doctrine of separation of powers should be applied only to the powers which because of their nature are assigned by the constitution itself to one of the departments exclusively.
The doctrine of separation of powers has never been strictly or rigidly applied, and indeed could not be, to all the ramifications of state or national government, for government would prove abortive if it were attempted to follow the policy of separation to the letter.
www.fsmlaw.org /pohnpei/decisions/3plr_336.htm   (8190 words)

  
 BIBLICAL SEPARATION
When considering the Doctrine of Separation, it is imperative that we strike the balance that Christ would want in our life.
Separation must be looked at as much as a positive as a negative.
A proper definition of Separation is essential to an effective lesson plan.
www.fbinstitute.com /Weems/Seperation1.html   (1128 words)

  
 Biblical Doctrine of Separation
Separation from all worldly and sinful pleasures, practices and associations is commanded of God.
Separation in the thought life is particularly important because the Christian possesses two natures: two dispositions which are continually striving with each other for the control of the believer (Galatians 5:17).
If a Christian is to be separated from individuals who hold to and teach doctrinal error, he most certainly is to be separated from entire assemblies with the same problem.
www.middletownbiblechurch.org /separate/bibdocse.htm   (3577 words)

  
 Jamaica Gleaner - The myth of separation of powers - Sunday | October 20, 2002   (Site not responding. Last check: 2007-11-03)
The doctrine of separation of powers has become topical due to its prominence in the MOU between Bruce Golding and the JLP.
The paucity of any serious critique of this doctrine, as to its usefulness in the Jamaican context, suggests an acceptance at face value of the claim that its adoption is the answer to the excessive centralisation of power, and will provide an effective safeguard against the arbitrary use of power by the executive.
However, I take issue with the claim that separation of powers is the best, or even a very effective, means of providing checks and balances on the executive, and of diluting the excessive centralisation of power in the executive.
www.jamaica-gleaner.com /gleaner/20021020/cleisure/cleisure5.html   (850 words)

  
 Biblical Separation
New Evangelicalism is a philosophy in the church which promotes tolerance and love and speaks of separation in general terms, choosing not to name or denounce false teachers and false teaching.
However, we are to separate from all individuals and systems who would require us to do what our consciences will not allow, or who would restrain us from doing what our consciences require.
This is because within the New Evangelical movement, believers were not and are not encouraged to separate from ecclesiastical denials of these beliefs.
www.believershome.com /html/biblical_separation.html   (1583 words)

  
 THE DOCTRINE OF SEPARATION
Separation was practiced and for good reason—they were doing their best to avoid tares among the wheat.
Separation, as a doctrine, was doomed because it did not lend itself to numbers.
Separation is seldom taught or practiced and literal hordes of unregenerate tares have invaded them—their fleshly natures wreaking havoc with any semblance of spirituality and their worldly attitudes and lifestyles soon becoming the norm for the assemblies.
www.cuttingedge.org /News/n1506e.html   (3700 words)

  
 Separation of Church and State in America - ChristianAnswers.Net
In the context of the "separation of church and state," the Court's foundational reinterpretation of the Constitution was complete.
"Separation of church and state," as applied to education, means that a prayer at a graduation ceremony is unconstitutional.
The doctrine of "separation of church and state" has been used, and is being used, to effectively purge religion from the public square.
www.christiananswers.net /q-wall/wal-g004.html   (1174 words)

  
 BIBLICAL SEPARATION
This means if someone teaches a doctrine that we do not see in scripture although they may be correct on other things we must not join in with them by doing things such as exchanging pulpits or doing cooperative evangelism.
One is in the area of separation from disobedient brethren, the other is in the area of separation from worldliness.
This type of separation is required not only on a corporate level as a church, but even on an individual level so that "that he may feel ashamed" and he may come back to the truth.
www.ifbreformation.org /Separation.aspx   (8107 words)

  
 Bible Teaching Concerning Separation by Paul Freeman - Christian Living
We are to be separated unto the Lord.
Those who pervert the doctrines of God and His Word cause divisions among believers and place a stumbling block in the way of sinners coming to Christ for salvation.
Errors in doctrine produce errors in preaching and the lost man soon has a distorted view of the Gospel.
www.wholesomewords.org /etexts/freeman/pfsepar.html   (1743 words)

  
 Separation: The Call To Purity
Evangelical Christians ought to separate from apostates and from some compromising Christians, but should not break fellowship with others who might be comprimising in some areas but whose verbal or written ministry is a blessing.
He is absolutely separated from all evil and error." The truth behind this statement and the basis of the Biblical doctrine of separation is the Holiness of God.
If you are not attending a separated local New Testament Church, you are contributing to the confusion and darkness of the Age.
www.logosresourcepages.org /Believers/separation.htm   (3572 words)

  
 Biblical Separation
Abraham was called to separate from family and friends to form a new nation who would be a people separated unto God for the rest of time.
The nation of Israel were called to be separate in the God they worshipped, the style of worship required, the lives they led, their choice of marital partner.
Disturbed by the fact that their denomination had compromised to the point that such ministers were tolerated, they left forming "separated denominations" where the ministry was Scriptural and the denomination evangelical.
www.nireland.com /evangelicaltruth/separation.htm   (1303 words)

  
 Assn of Fundamentalists Evangelizing Catholics
It is unfortunate yet necessary that the AFEC separate from the organization "Ex Catholics For Christ"(ECFC) because of this doctrine of Separation.
That brother is to be restored to the truth or separated from.
Thus it is necessary to separate from false doctrine, even though the messenger may be clearly anti-Catholic in their doctrine.
www.angelfire.com /ky/dodone/Reso.html   (1110 words)

  
 Biblical Reasons for the Doctrine of Separation
Ezra 6:21: And the children of Israel, which were come again out of captivity, and all such as had separated themselves unto them from the filthiness of the heathen of the land, to seek the LORD God of Israel, did eat.
Nehemiah 10:28: And the rest of the people, the priests, the Levites, the porters, the singers, the Nethinims, and all they that had separated themselves from the people of the lands unto the law of God, their wives, their sons, and their daughters, every one having knowledge, and having understanding.
3.) The doctrine of holiness and purity is the doctrine of separation.
www.salembible.org /biblestudies/separation.htm   (2427 words)

  
 HB 1182 -- Is it Constitutional?
Under this doctrine, the legislative branch of government is responsible for creating law while the executive branch is responsible for implementing these laws, a duty that includes rulemaking.
Another fundamental principle of the separation of powers doctrine is that no branch has the right or power to infringe upon the duties assigned to the others.
Therefore, under the separation of powers doctrine, the legislature must take care not to implement laws which may hinder the ability of an agency - and thus the executive branch - to perform its constitutionally delegated duties.
home.att.net /~theceo/HB1182.htm   (1971 words)

  
 Air University Catalog   (Site not responding. Last check: 2007-11-03)
He realized that the other services had well-staffed organizations dedicated to writing doctrine and that their members were better educated in doctrine.
The center serves as the "single voice" for AF doctrine development; represents the AF in joint doctrine forums; assesses the effects of new concepts and technologies on aerospace doctrine; disseminates tailored doctrine information across the Air Force, and pursues the correct representation of aerospace power and doctrine in models, simulations, exercises, and war games.
Doctrine Applications personnel have also served on the Air Force Exercise Coordination Team, visited AF battle labs, and attended modeling conferences to advocate the importance of aerospace doctrine and increase opportunities for promoting the correct application of aerospace power.
www.au.af.mil /au/cf/au_catalog_2002/catalog2002_61_doctrine.html   (917 words)

  
 The Doctrine of Separation
The doctrine of separation from the world is a very important element of the Christian faith.
For some their practices concerning separation might be as simplistic as refraining from the most egregious of sins such as drunkenness, fornication, and murder.
Yet our daily routine should include a critical evaluation of our own lives to ensure that the true doctrine of separation from the world is an ever present goal in our lives as we seek to cling wholeheartedly to Christ.
home.earthlink.net /~higherstand/id21.html   (1507 words)

  
 Separation of Powers
One of the first principles of democratic government that young school children learn is that the legislature makes the law, the executive enforces the law, and the judiciary interprets the law.
That principle of democratic government, the separation of powers doctrine, is at the very foundation of a government of the people, for the people, and by the people, and is included in the Alabama Constitution of 1901.
This principle of separation of powers of government that is now included in the Alabama constitution was first decided in the famous case of Marbury v.
www.fa-ir.org /ai/separation.htm   (2547 words)

  
 ATRA :: Ohio
  The comprehensive 1996 tort reform law violated the doctrine of separation of powers and the one-subject provision of the State Constitution.
The comprehensive 1996 tort reform law violated the doctrine of separation of powers and the one-subject provision of the State Constitution.
  Requires the determination of awards for punitive damages to be made in a separate proceeding at the request of either party.
www.atra.org /states/OH   (2038 words)

  
 ABA Dialogue on the Separation of Powers (ABA Division for Public Education)
Separation of powers gives each branch of government separate powers that act to check and balance the powers of the other branches.
Part I, "What Is Separation of Powers?", looks at how the doctrine of separation of powers is expressed in the U.S. Constitution.
Part III, "Mending Wall and the Separation of Powers," uses a classic poem by Robert Frost to discuss the differing perspectives of two Supreme Court justices on separation of powers.
www.abanet.org /publiced/features/sepdialogue.html   (552 words)

  
 SSRN-The Battle for Separation of Powers in Rhode Island by Carl Bogus
In 1999 and 2000, the Rhode Island Supreme Court handed down two opinions holding that the doctrine of separation of powers was not part of the state constitution.
Good government groups launched a campaign to amend the state constitution to incorporate the doctrine of separation of powers.
This article argues that one of the things the Rhode Island experience tells us is that separation of powers is at the core of American ideology - that, in the eyes of the people, it is not an optional feature of government but as fundamental as the vote or representative government.
papers.ssrn.com /sol3/papers.cfm?abstract_id=887758   (418 words)

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