Abstract: This research focuses on the functions of the legal department in criminal proceedings within the anglophone regions of Cameroon. Despite the well-established role of the legal department, legal experts and practitioners often encounter challenges during trials. The primary objective of this study is to investigate the responsibilities of the legal department and the procedural steps involved in common law criminal proceedings. The research approach involves a comprehensive analysis of both primary and secondary sources of information. The study reveals that the legal department exhibits distinctive organizational features and plays specific roles in the context of criminal trials. In the concluding section of the study, several recommendations are provided to enhance the effectiveness of this office, such as improving legal expertise and fostering a strong sense of professional responsibility, among other suggestions.

CHAPTER 1: GENERAL INTRODUCTION

1.1 BACKGROUND TO THE STUDY

The concept of a mixed or hybrid government, combining elements of different forms of governance, has been discussed for centuries, with roots tracing back to ancient Greece and Rome. Aristotle, in his work “The Politics,” identified three essential elements within a constitution: the deliberative, official, and judicial components. He argued that the arrangement and interaction of these elements determined the constitution’s effectiveness. This idea of mixed government can be seen in various forms throughout history, including the Roman Republic, Roman councils, senates, and assemblies.

During the early modern era, John Calvin advocated for a system of government that divided power between democracy and aristocracy, reflecting the concept of mixed government. He celebrated democracy as a gift from God, allowing people to choose their rulers and emphasized the importance of checks and balances to prevent abuses of power.

The principle of parliamentary sovereignty and the separation of powers became central in the United States’ Constitution. The concept of separation of powers has played a vital role in shaping many modern constitutions. It emphasizes the independence and autonomy of different branches of government: the executive, judiciary, and legislative.

The doctrine of separation of powers is often attributed to French Enlightenment philosopher Baron de Montesquieu. Montesquieu proposed the separation of political power among a legislature, an executive, and a judiciary. He highlighted the need for the independence of the judiciary to prevent tyranny and the abuse of power. This concept has since become a fundamental principle in many political systems worldwide.

1.2 STATEMENT OF PROBLEM

Despite the theoretical acceptance of the doctrine of separation of powers, practical challenges exist in its implementation. This research aims to provide an overview of the doctrine’s history and then examine how it functions within the branches of government in Cameroon. The main issue under investigation is whether the doctrine’s application has strengthened or weakened constitutionalism and good governance in the country.

1.3 RESEARCH QUESTIONS

In light of the stated problem, the following research questions will guide this study:

• What is the doctrine of separation of powers, and how is it embraced by the government in Cameroon?
• To what extent does the doctrine operate within the three branches of government in Cameroon (executive, legislative, and judicial)?
• Has the implementation of the doctrine strengthened or weakened constitutionalism and good governance in Cameroon?
• What measures can be taken to enhance the practical application of the doctrine and protect the rights and security of the population?

1.4 OBJECTIVES OF THE STUDY

The primary objective of this research is to examine the doctrine of separation of powers in Cameroon and evaluate its application within the country. Specific objectives include:

• Analyzing how the doctrine is applied in Cameroon and assessing the independence of the three branches of government.
• Evaluating whether the doctrine’s operation aligns with constitutional principles or contradicts them.
• Identifying challenges related to the separation of powers in Cameroon.
• Providing recommendations to improve the practical implementation of the doctrine for better governance and the protection of citizens’ rights.

1.5 RESEARCH METHODOLOGY

This study will utilize both primary and secondary sources of information. Primary sources will include case law and legislation, while secondary sources will consist of textbooks, journal articles, online resources, essays, debates, and academic lectures. Since the research focuses on public law issues, most of the information will be gathered from authoritative texts, scholars, and legal experts. The methodology employed in this research is doctrinal rather than empirical, as it relies on existing legal materials and expert analyses without fieldwork.