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Carafaat

trias politica principle, why do Somali's ignore the third branch?

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Carafaat   

The trias politica principle, is a model for the governance of a state. Under this model, the state is divided into three branches, each with separate and independent powers and areas of responsibility so that no branch has more power than the other branches. The normal division of branches is into an executive, a legislature, and a judiciary. However Somali's tend to focus on the executive and the legislative branch and ignore the Judiciary.

 

While Montesquieu described the judiciary as the most important and strongest of the powers. But Somali's tend to see it as as the least important and as a negligible part of the system? So I wonder can we have a State where the judiciary branch is neglected? Can we have a State where you have 100 potential candidates for the legislature, hundreds of officers for the executive and no candidates or experts for the judiciary?

 

I remember one expert saying that a typical charateristics of a Banana Repuiblic is that they have 100 military officers for each lawyer. So it's inevitable that diffrences of opinion are decided through war battles rather then battles in the court room.

 

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Chairmen High Court of Somalia

 

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Somaliland's High Court

 

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Hargeysa local court

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Mario B   

Great question/insight, it explains why the Islamic courts were successful, people need judicial redress or else they will take the law into their own hands. The third branch of gov would have solved this farcical position of having two speakers. This is something we need to address ASAP.

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