Separation of Powers | Legislative, Executive, Judicial
THREE BRANCHES OF GOVERNMENT Printer Friendly (PDF). Our federal government has three parts. There are Senators from each of our states. Understanding the balance and relationships among legislative and other relationships exist between branches of government, including impeachment of He asserted that, to most effectively promote liberty, these three powers must be. To be able discuss the relationship between the government and the the system is designed in this way so that these three branches can act.
The "freemen" elected the General Courtwhich functioned as legislature and judiciary and which in turn elected a governor, who together with his seven "assistants" served in the functional role of providing executive power. Except for Plymouth Colony and Massachusetts Bay Colony, these English outposts added religious freedom to their democratic systems, an important step towards the development of human rights.BRANCHES OF GOVERNMENT
He deduced from a study of the English constitutional system the advantages of dividing political power into the legislative which should be distributed among several bodies, for example, the House of Lords and the House of Commonson the one hand, and the executive and federative power, responsible for the protection of the country and prerogative of the monarch, on the other hand.
The Kingdom of England had no written constitution. In reality he referred to "distribution" of powers. In The Spirit of the LawsMontesquieu described the various forms of distribution of political power among a legislaturean executiveand a judiciary.
Montesquieu's approach was to present and defend a form of government which was not excessively centralized in all its powers to a single monarch or similar ruler, form of government known then as "aristocracy". He based this model on the Constitution of the Roman Republic and the British constitutional system. Montesquieu took the view that the Roman Republic had powers separated so that no one could usurp complete power.
In every government there are three sorts of power: By virtue of the first, the prince or magistrate enacts temporary or perpetual laws, and amends or abrogates those that have been already enacted.
Separation of powers - Wikipedia
By the second, he makes peace or war, sends or receives embassies, establishes the public security, and provides against invasions.
By the third, he punishes criminals, or determines the disputes that arise between individuals. The latter we shall call the judiciary power, and the other, simply, the executive power of the state. When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty; because apprehensions may arise, lest the same monarch or senate should enact tyrannical laws, to execute them in a tyrannical manner.
Again, there is no liberty if the judiciary power be not separated from the legislative and executive. Were it joined with the legislative, the life and liberty of the subject would be exposed to arbitrary control; for the judge would be then the legislator.
Were it joined to the executive power, the judge might behave with violence and oppression. There would be an end of every thing, were the same man, or the same body, whether of the nobles or of the people, to exercise those three powers, that of enacting laws, that of executing the public resolutions, and of trying the causes of individuals.
If the legislative branch appoints the executive and judicial powers, as Montesquieu indicated, there will be no separation or division of its powers, since the power to appoint carries with it the power to revoke.
Separation of powers
The executive power ought to be in the hands of a monarch, because this branch of government, having need of dispatch, is better administered by one than by many: How to Write a Summary of an Article? Relationship between the three arms of government The American government as a democratic government functions under the guidance of three government arms. The role of each arm of government is clearly spelt under the doctrine of power separation that sought to offer clear guidelines to allow the smooth and effective execution of government affairs.
Bernas however claims that there are several government departments within these separate arms of government that have overlapping roles and that one certain issues it is hard to decide which arm the jurisdiction of such a controversial issue falls. However, it is necessary to note therefore that the functions of these arms of governments must adhere strictly to the constitution raising the question of who should be charged with the responsibility of enforcing those provisions.
The executive arm of the government is fundamentally important to carry out the day to day running of the country. This power is usually vested upon the president and any person that the president deems fit to have power delegated to him.
Separation of Powers
Therefore, the constitution mandates a duly elected president to appoint such individuals as he may see fit subject to the approval of congress. This paper in essence tries to focus on this relationship whereby a particular of the government is subject to the oversight of another in carrying out its duties.
It therefore becomes necessary for the president to appoint such individuals as qualified to handle their respective duties and such individuals must hold high integrity for them to get the necessary legislative backing.
The president enjoys immense powers under the constitution among which includes the responsibility of defending the constitution and protecting the United States from attacks. For this purpose it is important that his powers be subject to some form of oversight in order for it not to be misused to the detriment of ordinary Americans.
The legislature is a basic necessity in any democratic nation and the United States is a pillar of freedom and hence the United States congress is the custodian of law formulation in the nation. The legislative wing consists of two separate houses expected to ensure effective and just formulation of laws to the benefit of society.
The legislature is also charged with the responsibility of formulation laws regarding tax and authorizing various government expenditures.
Furthermore the senate has complete authority to authorize the signing of treaties involving the nation bringing to the question of whether the executive has any true autonomous powers. It is also important to note at this juncture that it is not only congress that has influence on the executive but also the executive has considerable influence over the legislature. Most committee chairmen are appointed by party leaders, plus the fact the party leader also appoints a majority leader in congress to spear head party agendas in congress.
In this regard the executive has considerable influence on the direction of congress even in ignoring the fact that the president has veto power over bills passed in congress. The other arm is the judiciary charged with the administration of justice based on equality, equity and integrity.
The courts are the grounds through which conflicts are to be resolved and injustices either compensated or punished. In these solemn corridors of justice civil and criminal proceedings are initiated and the process of establishing guilt or innocence cleverly and impartially established. The court is also charged with the important duty of interpreting the constitution and establishing whether certain statues are constitutional or not.
The appointment of judges is however left to the hands of the executive on the confirmation of the legislature. The judiciary is also charged with the duty to protect the rights and freedoms of the American citizens against the exploitation of both the executive and the legislature.