Checks & BalancesIn America there is a system of checks and balances. Checks & Balances are an important part of the US Constitution and with checks and balances, each of the three branches of government (legislative, judicial, and executive) can limit the power of the others. This system is used because no one branch becomes too powerful. This system is very efficient because each branch "checks" the power of the other branches so that they know that the power is balanced between each other.
The process of how laws are made is a good example of checks and balances because the Legislative branch introduces and votes on a bill. Then the bill will go to the Executive branch where the President decides whether to pass the law or not. If it does pass, the bill will be signed by the President and it will become a new law. If the President does not believe the bill is good for the country, he does not sign it. This is called a veto. But the legislative branch gets another chance. With enough votes, the legislative branch can override the executive branch's veto, and the bill becomes a law. Once a law is in place, the people of the country can test it through the court system, which is under the control of the judicial branch. If someone believes a law is unfair, a lawsuit can be filed. Lawyers then make arguments for and against the case, and a judge decides which side has presented the most convincing arguments. The side that loses can choose to appeal to a higher court, and may eventually reach the highest court of all, the Supreme Court. If the legislative branch does not agree with the way in which the judicial branch has interpreted the law, they can introduce a new piece of legislation, and the process starts all over again. |
The Separation of PowersThe separation of powers is used interchangeably with the Trias Politica Principle and is a model for the governance of the state. The term "Trias Politica" or "Separation of Powers" was made by Charles-Louis the Second, an 18th century French political oand social philsopher. The model was first developed in ancient Greece where the state would be divided into branches and each state would have separate and independent powers and areas of responsibility so the powers of one branch are not in conflict with the powers of the other branches. In America, there are three branches of government which are the legislature, the executive, and the judiciary. Although it can be contrasted that all three of these branches are unified.
This means that the Separation of Powers refers to the division of the government where responsibilities limit any one branch from using the rights of the others. This is used because the government wants to prevent the concentration of power and provide for checks and balances. Some examples would be that the Legislative branch is responsible for enacting laws of the state and and the funds to operate the government. The Judicial branch is responsible for interpreting the constitution and laws that apply to their interpretations to controversies or new laws brought before them. And finally the Executive branch is responsible for implementing and administering the laws and public policy. |