Concept Behind the Separation of Powers (2022)

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The concept of Separation of Powersis a model for the governance of democratic states. The three branches of the government- the legislative, the executive and the judiciary are the three distinct activities in every government through which the will of the people are expressed. The legislature makes laws, the executive enforces them and the judiciary applies them to the specific cases arising out of the breach of law. Thus, it has become a model for the governance of democratic States. This model is also known as Trias Politica, which in the non-political context means ‘separation of duties’ which, for example, includes the segregation of accounting and custodial functions.

The proponents of the separation of powers believe that it protects democracy and forestalls tyranny. Whereas, the others say that there occurs considerable overlap of powers in parliamentary democracies. If we toe the middle line, we can observe that the Doctrine of Separation of Powers is like any other system with both merits as well as demerits. Thus, across the world, there isn’t any democracy with absolute separation of powers or complete absence of it. “This doctrine (of separation of powers) has got not only relevance to the question of separation of judiciary from the legislature and the executive, it has got a vital bearing upon the whole question of federalism,” said Brajeshwar Prasad on May 30, 1949, participating in the Constituent Assembly’s discussion.

Lord Acton had once aptly stated, “Power corrupts, and absolute power corrupts absolutely.” Separation of power is a way of restraining the amount of power in the hands of any group or faction, making its abuse more difficult. “The premise behind the separation of powers is that when a single person or group has a large amount of power, they can become dangerous to citizens.” Therefore, separation of powers limits the unlimited exercise of power by any branch of the government. This doctrine also helps in checking corruption and unlawful activities against the interests of the common man whom the government is supposed to serve. Each organ while performing its activities tends to interfere in the sphere of working of another functionary because a strict demarcation of functions is not possible when it comes to dealing with the general public. Thus, even when acting in ambit of their own power, overlapping functions tend to appear amongst these organs. Thus, each organ will impose ‘checks and balances’ on the other.

In India, a lot of the present debate on the separation of powers is due to the active steps that the judiciary is taking to redress the sufferings of the common man. But behind the present brouhaha over the issue of judicial ac­tivism, what is often lost sight of is the politics of a turf-war among members of a troika who are also partners in running the Indian state. Although the Constitution mandates the separation of the judiciary from the executive and makes par­liamentary proceedings immune from court jurisdiction, experts from all the three wings agree that instead of any rigid distribu­tion of powers, a system of checks and balances should operate. Within this delicate system, the interests of the judiciary, the executive and the legislature sometimes converge, as well as clash.

(Video) Separation of Powers and Checks and Balances: Crash Course Government and Politics #3

In this project, the author will deal with the ingredients of the concept of separation of powers, the concept of separation of powers in India and recent developments with respect to the constitutionality of different tribunals in India.

Chapter I. Ingredients of Separation of Powers

The concept of Separation of Powers runs throughout the Constitution of India although the term has not been mentioned even once. It is a doctrine which is fundamental to the concept of a State and to the concept of Constitutionalism – insofar as it prescribes the appropriate allocation of powers.

The separation of powers doctrine does not insist that there should be three institutions of government each operating in isolation from each other. In fact, it is essential that there be a sufficient coordination between each institution of the State. It is for the executive for the most part to propose legislation for Parliament’s approval. Once passed by the Parliament and given the President’s assent thereto, the legislation becomes an Act, and thus, a law to be upheld by the judiciary. A complete separation of the three institutions could result in legal and constitutional deadlock. Rather than a pure Separation of Powers, the concept insists that the primary functions of the State should be allocated clearly and that there should be checks to ensure that no institution encroaches significantly upon the function of the other.

The author would like to briefly define the three organs of the State which broadly constitutes the governing authority of the nation.

The executive may be defined as that branch of the State which formulates policy and is responsible for its execution. In formal terms, the sovereign is the head of the executive. The Prime Minister, the Cabinet and other Ministers’, for the most part, are elected members of the Parliament. In addition, the Civil Service, local authorities, police and armed forces, constitute the executive in practical terms.

Parliament of India comprises the President of India, the Lok Sabha (House of the People) and the Rajya Sabha (Council of the States). The cardinal functions of the Legislature include overseeing of administration, passing of budget, ventilation of public grievances, and discussing various subjects like development plans, international relations, and national policies. All legislation requires the consent of both Houses of Parliament.In the case of Money Bills, the will of the Lok Sabha prevails. The Parliament is also vested with the power to initiate amendmentsin the Constitution. The various States also have their respective legislatures, the Legislative Assembly (Vidhan Sabha) and the Legislative Council (Vidhan Parishad) in a few States.

The judiciary is that branch of the State which adjudicates upon conflicts between State institutions, between State and individual, and between individuals. The judiciary is independent of both parliament and the executive. It is the feature of judicial independence which is of prime importance in relation to the protection of liberty of the citizen against the executive.

(Video) What is the Separation of Powers?

Quite recently, the press has been described as a “fourth estate” because of its considerable influence over public opinion, as well as its indirect influence in the branches of government by, for example, its support or criticism of pending legislation or policy changes. There is no provision in the Constitution of India providing guarantee for the freedom of the press but the Supreme Court in Sakal Papers v. Union of Indiainterpreted the scope of Article 19(1) (a) widely to include within its fold the freedom of the press which is regarded as a ‘species of which freedom of expression is a genus’.

Chapter II. Separation of Powers in India

On reading the provisions of the Constitution of India, one may be inclined to say that the Constitution accepts the doctrine of Separation of Powers.Under the Indian Constitution, the executive powers are vested with the President,the legislative powers with the Parliament,and the judicial powers with the judiciary(the Supreme Court, the High Courts and Subordinate Courts). The President holds his office for a fixed period. His functions and powers are enumerated in the Constitution itself. Parliament of India is competent to make any law, subject to the provisions of the Constitution and there is no other limitation on its legislative power. It can amend the law prospectively or even retrospectively but it cannot declare a judgment delivered by a competent court void or of no effect. Parliament has also inherited all the powers, privileges and immunities of the British House of Commons. Similarly, the judiciary is independent in its field and there can be no interference with its judicial functions either by the executive or the legislature. The Supreme Court and High Courts are given the power of judicial review and they can declare any law passed by Parliament or Legislature as ultra vires or unconstitutional.

Taking into account these factors, some jurists are of the opinion that the doctrine of Separation of Powers has been accepted in the Constitution of India and is a part of the basic structure of the Constitution. Separation of functions is not confined to the doctrine of Separation of Powers. It is a part of essential structure of any developed legal system. In Kartar Singh v. State of Punjab,Justice K. Ramaswamy stated: “It is the basic postulate under the Indian Constitution that the legal sovereign power has been distributed between the legislature to make law, the executive to implement the law and the judiciary to interpret the law within the limits set down by the Constitution.”

The constitutional provisions do not declare the doctrine of Separation of Powers to be followed in its strict sense. There is no provision in the Constitution of India itself regarding the division of functions of the Government and the exercise thereof. Though under Articles 53(1)and 154(1), the executive power of the Union and of the States is vested in the President and the Governors’ respectively, there is no corresponding provision vesting the legislative and judicial power in any particular organ. Thus, the doctrine of Separation of Powers is not fully accepted in the Constitution of India, and therefore the observations of Justice Mukherjea in Ram Jawaya v. State of Punjabare important in this regard, wherein he stated that : “The Indian Constitution has not indeed recognized the doctrine of Separation of Powers in its absolute rigidity but the functions of the different parts or branches of the Government have been sufficiently differentiated and consequently it can be very well be said that our Constitution does not contemplate assumption, by one organ or part of the State, of functions that essentially belong to one another.”

Thus, the legislature writes and enacts laws, Enacts taxes, authorizes borrowing, and sets the budget, has power to declare war, may start investigations, especially against the executive branch, often appoints the heads of the executive branch, appoints judges, ratifies treaties.

Each organ while performing its activities tends to interfere in the sphere of working of another functionary because a strict demarcation of functions is not possible in their dealings with the general public. Thus, even when acting in ambit of their own power, overlapping functions tend to appear amongst these organs.

In Ram Jawaya v. State of Punjab,the Hon’ble Supreme Court observed that we follow a separation of functions and not of powers. And hence, we don’t abide by the principle in its rigidity. An example of it can be seen in the exercise of functions by the Cabinet ministers, who exercise both legislative and executive functions. Article 74(1) of the constitution of India, gives them an upper hand over the executive by making their aid and advice mandatory for the formal head. The executive, thus, is derived from the legislature and is dependent on it, for its legitimacy.

(Video) Separation of Powers explained (explainity® explainer video)

On the question that where the amending power of the Parliament lies and whether Article 368 confers an unlimited amending power on Parliament, the Supreme Court in the Kesavananda Bharati v. The State of Kerala and Otherscase held that amending power was now subject to the basic features of the constitution. And hence, any amendment tampering these essential features will be struck down as unconstitutional. Justice Beg added that Separation of Powers is a part of the basic structure of the constitution. None of the three separate organs of the republic can take over the functions assigned to the other.

In Indira Nehru Gandhi v. Raj Narain,where the dispute regarding Prime Minister’s election was pending before the Supreme Court, it was held that adjudication of a specific dispute is a judicial function which parliament, even under constitutional amending power, cannot exercise. So, the main ground on which the amendment was held ultra vires was that when the constituent body declared that the election of Prime Minister won’t be void, it discharged a judicial function which according to the principle of separation it shouldn’t have done. The place of this doctrine in Indian context was made a bit clearer after this judgment. In a nutshell we can say that the Separation of Power is a method of removing the amount of power in any group’s hands, making it more difficult to abuse.

Chapter III. Recent Developments w.r.t. Various Tribunals

In the recent past there has been lots of conflict w.r.t. the constitutionality of different tribunals especially on the ground that it did not adhered to the separation of powers as reflected in the Constitution. These forums usually have both technical and judicial members and hence have been accused of possessing a quasi-judicial character (and not a full fledged court) which distinguishes them from the main frame of the judicial hierarchy.

A major contentious area in this regard is whether these Tribunals fall within the meaning of judiciary as referred to under Article 50 of the Constitution of India. The question therefore that arises is whether these Tribunals, which perform the role of adjudicatory bodies as a substitute to the ordinary courts under the judicial hierarchy, are a part of ‘judiciary’ as referred to in Article 50. The Supreme Court in the case of Union of India v. Delhi High Court Bar Associationobserved “Such Tribunals, whether they pertain to income tax or sales tax or excise or customs or administration, have now become an essential part of the judicial system in this country. Such specialized institutions may not strictly come within the concept of the judiciary, as envisaged by Article 50, but it cannot be presumed that such Tribunals are not an effective part of the justice delivery system, like courts of law.”

In two recent cases, one involving the Competition Commission of Indiaand another the Appellate Tribunal constituted under the Prevention of Money Laundering Act,the petitioners contended that the constitution of selection committee to recommend members and Chairperson to these bodies was not independent as because all the members of the committee were of the executive and not of the judiciary and there was also no provision for consultation with the Chief Justice of India. They further contended that there cannot be an independent judiciary when the power of appointment of superior judges’ vests in the executive as the independence of the judiciary is inextricably linked and connected with the constitutional process of appointment of judges of the higher judiciary.

This Hon’ble Court in Pareena Swarupcase said in paragraph 8 that the Constitution guarantees free and independent judiciary and the constitutional scheme of separation of powers can be easily and seriously undermined, if the legislatures were to divest the regular courts of their jurisdiction in all matters and entrust the same to the newly created Tribunals which are not entitled to protection similar to the constitutional protection afforded to the regular Courts.

Subsequently on the direction of the Supreme Court certain portions of Appellate Tribunal Rules, 2007 was amended to provide that the Chairperson of Appellate Tribunal is appointed on the recommendation of the Chief Justice of India and the composition of the Selection Committee to select Members of the Tribunal has been amended to provide for a Judge of the Supreme Court, nominated by the Chief Justice of India, to be the Chairperson of the Selection Committee.

(Video) Constitutional Law - Separation of Powers

Very recently, in the case ofUnion of India v. R. Gandhi, President of the Madras Bar Associationthe Supreme Court while deciding the constitutionality of the National Company Law Tribunal (NCLT) stated unambiguously that active bureaucrats could not be tasked with judicial functions since the same would go against the doctrine of separation of powers between the Executive and the Judiciary.

The Supreme Court went on to state that the Legislature has the competence to transfer any particular jurisdiction from courts to Tribunals provided that the persons who are appointed as President/Chairperson/Members are of a standard which is reasonably approximate to the standards of mainstream judicial functioning. On the other hand, if a Tribunal is packed with members who are drawn from the civil services and who continue to be employees of different Ministries or Government Departments by maintaining lien over their respective posts, it would amount to transferring judicial functions to the executive which would go against the doctrine of separation of power and independence of judiciary.

Conclusion

From the 1980s, much of the debate on separation of powers has taken place due to the proactive role being played by the judiciary and even to this day the latter is passing through a defining moment. After having gone through the shameful phase of total subjugation under the Indira Gandhi regime, the judiciary had been attempting, since the lifting of the Emergency, to reinvent its role as an independent institution. This was done through steps like evolving the concept of pub­lic interest litigation (PIL) and suo motu intervention in many cases involving the marginalised sections of the society.

Such activism has drawn ire from legislators and administrators who feel threatened by what they perceive as an alternative power centre, with Lok Sabha speaker Somnath Chatterjee going to the extent of denouncing judicial activism as an attack on democracy.

Mention must be also made of the recent attempts of the executive to take over certain judicial functions as had been enumerated by the author in the third chapter of this project.

The judiciary, the executive and the legislature have generally managed to work out a compromise formulae on disputes that pose a threat to the status quo, with the apex court intervening to save the situation and for the interest of the smooth and conducive relations between the three organs it is hoped that there will never arise a stalemate situation in which one organ’s functions have been completely subverted by the other.

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(Video) What is the Separation of Powers (Zimbabwe)?

FAQs

What is the concept of separation of powers? ›

Separation of powers, therefore, refers to the division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another. The intent is to prevent the concentration of power and provide for checks and balances.

What is meant by the concept of separation of powers Class 8? ›

It is a doctrine in which the three organs of the government, the executive, the legislature and the judiciary have separate functions and powers, and one organ does not interfere in the functioning of the others.

Why do we need the separation of powers? ›

The intent of separation of powers is to prevent the concentration of unchecked power and to provide for checks and balances, in which the powers of one branch of government is limited by the powers of another branch—to prevent abuses of power and avoid autocracy.

What are the 3 separation of powers? ›

The U.S. Constitution establishes three separate but equal branches of government: the legislative branch (makes the law), the executive branch (enforces the law), and the judicial branch (interprets the law).

What is the meaning of separation of powers quizlet? ›

Separation of Powers. The idea that government should be divided into 3 distinct and separate branches, such as the legislative branch, executive branch and the judicial branch. Checks and Balances. The system the ensures that ALL of the branches maintain equal power by giving each of them a check against one another.

Why is the concept of separation of powers important in a democracy? ›

The doctrine of the separation of powers requires that the principal institutions of state— executive, legislature and judiciary—should be clearly divided in order to safeguard citizens' liberties and guard against tyranny.

What is separation of power Brainly? ›

The separation of powers is a model for the governance of a state. Under this model, a state's government is divided into branches, each with separate and independent powers and areas of responsibility so that the powers of one branch are not in conflict with the powers associated with the other branches.

Where is the separation of powers in the Constitution? ›

The first article of the Constitution says "ALL legislative powers... shall be vested in a Congress." The second article vests "the executive power...in a President." The third article places the "judicial power of the United States in one Supreme Court" and "in such inferior Courts as the Congress... may establish."

What is the importance of separation of powers Class 8? ›

In order to prevent the misuse of power by any one branch of the State the Constitution says that each of these organs should exercise different powers. Through this, each organs acts as a check on the other organ of the State and this ensures the balance of power between all three.

What would happen without the separation of powers? ›

Without a system to prevent one branch of government from having more power over another, the government would be controlled by one group of people. It would not be fair to the people of the United States if one branch had more power over another. This system is intended to prevent tyranny.

What is the purpose of separation? ›

1) To remove unwanted particles

Therefore, separation is necessary to remove the chillies from food. Your mother always removes stones from rice before she cooks. Because stones are not wanted. Separation is necessary to remove the stones.

When was separation of powers created? ›

The origin of checks and balances, like separation of powers itself, is specifically credited to Montesquieu in the Enlightenment (in The Spirit of the Laws, 1748). Under this influence it was implemented in 1787 in the Constitution of the United States.

Who made separation of powers? ›

The term “Separation of Powers” was coined by the 18th century philosopher Montesquieu. Separation of powers is a model that divides the government into separate branches, each of which has separate and independent powers.

Who gave the principle of separation of power? ›

In his book The Spirit of The Laws' (1748), Montesquieu enunciated and explained his theory of Separation of Powers. He wrote, (1) If the legislative and executive powers are combined in the same organ, the liberty of the people gets jeopardized because it leads to tyrannical exercise of these two powers.

What is an example of separation? ›

The definition of a separation is a break, or the place where a split happens. An example of a separation is one person leaving another. An example of a separation is the perforation in paper towels where one towel is torn from another.

What is the main purpose for separation of powers quizlet? ›

The purpose of separation of powers is to divide the government into 3 different branches, each with different roles and powers. This system protects the people, prevents government abuse and tyranny, though because of this it is slow and inefficient by its nature.

Which statement best describes a government in which there is no separation of powers? ›

Which statement best describes a government in which there is no separation of powers? One person rules and has absolute power.

Which of the following is a reason for the separation of powers quizlet? ›

Which of the following is a reason for the separation of powers between branches of government in the Constitution? To prevent tyranny by any one branch of government. In the United States, individual states have adopted different policies and laws with respect to managing the Covid-19 pandemic.

How does the separation of powers protect human rights? ›

The separation of powers is an important feature of the protection of human rights since it allows a formal process for the actions of the Executive and the Legislature to be challenged in the courts. That these challenges occur is an essential aspect of the rule of law.

What are the principles of separation of government? ›

Separation of powers is a doctrine of constitutional law under which the three branches of government (executive, legislative, and judicial) are kept separate. This is also known as the system of checks and balances, because each branch is given certain powers so as to check and balance the other branches.

Why is it important for a Constitution to define the powers of the government? ›

The Constitution gives the basic structure of the government. It also defines the rights and duties of the individuals. And these rights and duties become a reality only if the power of the government is also defined. If the power of the government is not defined, the government becomes absolute.

What is the significance of fundamental rights class 8? ›

Fundamental Rights protect the liberties and freedom of the citizens against any invasion by the state, and prevent the establishment of authoritarian and dictatorial rule in the country. They are very essential for the all-around development of individuals and the country.

What is the fundamental rights class 8? ›

There are six fundamental rights in India. They are Right to Equality, Right to Freedom, Right against Exploitation, Right to Freedom of Religion, Cultural and Educational Rights, and Right to Constitutional Remedies.

What do you mean by fundamental rights for Class 8? ›

Fundamental rights are the basic human rights enshrined in the Constitution of India which are guaranteed to all citizens. They are applied without discrimination on the basis of race, religion, gender, etc. Significantly, fundamental rights are enforceable by the courts, subject to certain conditions.

What happens if one branch has too much power? ›

If one branch is more powerful than the other two then the other two will be weaker and that side of the government could collapse. It is also like they are working against each other so that the three branches can remain separate and efficiently work in their department.

How does separation of powers support ideas in the preamble? ›

To protect our rights, the Constitution divides powers between the federal government's branches. This principle is called "separation of powers." Each branch of government holds distinct but equal authority. For example, Congress has the power to create laws, while the president has the power to execute these laws.

Which branch of government has the most power? ›

Stanford historian Jack Rakove says that the presidency has emerged as the strongest of all three branches of the U.S. government, due to partisanship in Congress.

How is the balance of power maintained among the three organs of the government? ›

Checks and balances between the three organs are ensured through: The power of the Judiciary to exercise judicial review over legislative and executive actions. The Judiciary is bound by the procedure established by law in adjudication on question of law.

What is separation of power PDF? ›

The separation of powers is usually understood as a constitutional doctrine that separates government into autonomous institutions responsible for performing distinct functions. The most common system separates government into legislative, executive, and judicial branches.

Who have powers in the country? ›

The person who had head / give all the command and instructions to the country are known as head of the country. The powers in the country are consisting of two people : The president and The prime Minister.

How does separation of powers protect against tyranny? ›

The separation of powers guards against tyranny by making unilateral action by any branch more difficult through checks and balances. The founders developed the separation of powers so that each branch would check and halt the others when there was no consensus and be required to compromise to accomplish their goals.

What is the type of separation? ›

Filtration or Sedimentation

The most common method of separating a liquid from an insoluble solid is the filtration. Take, for example, the mixture of sand and water. Filtration is used here to remove solid particles from the liquid. Various filtering agents are normally used like filtering paper or other materials.

What is separation analysis? ›

is the study of the separation, identification, and quantification of the chemical components of natural and artificial materials. Qualitative analysis gives an indication of the identity of the chemical species in the sample and quantitative analysis determines the amount of one or more of these components.

What is separation methods? ›

Separation techniques are those techniques that can be used to separate two different states of matter such as liquid and solid. Such separation techniques include filtration or evaporation.

What country was the first to use separation of powers? ›

The separation of powers, also known as trias politica, was first developed in ancient Greece and was widely used by the Roman Republic. The concept was the result of centuries of political and philosophical development. This model divides the state into branches or estates with independent powers and responsibilities.

How do separation of powers make judiciary independent? ›

While the doctrine of separation of powers ensures liberty by preventing concentration of powers in one person or body and thereby puts a restraint on the executive and legislative, it also ensures the exercise of judicial power that is unhindered by the other two branches.

What is separation short answer? ›

Ans: Among different components of mixture there are many substances which are harmful or not useful for us. To remove these harmful or unuseful components we need to separate them. For example: (a) Tea leaves are separated from the liquid with a strainer while preparing tea.

How do you use separation of powers in a sentence? ›

Separation of Powers in a Sentence 🔉
  1. The separation of powers in the American government divides the power of between three different branches.
  2. A tyrannical government does not employ separation of powers, since it would rather consolidate all of its power into one source.

What is a real life example of separation of powers? ›

For example, the President's ability to pardon without oversight is an example of separation of powers, while the law making power of Congress is shared with both the executive (through signing and vetoing legislation) and judicial branches (through declaring laws unconstitutional).

What was the main idea behind the separation of powers and the independent operations of the branches? ›

The intention behind a system of separated powers is to prevent the concentration of power by providing for checks and balances. The separation of powers model is often imprecisely and metonymically used interchangeably with the trias politica principle.

Where is the separation of powers in the Constitution? ›

The first article of the Constitution says "ALL legislative powers... shall be vested in a Congress." The second article vests "the executive power...in a President." The third article places the "judicial power of the United States in one Supreme Court" and "in such inferior Courts as the Congress... may establish."

What are the principles of separation of powers and checks and balances? ›

Separation of powers is a doctrine of constitutional law under which the three branches of government (executive, legislative, and judicial) are kept separate. This is also known as the system of checks and balances, because each branch is given certain powers so as to check and balance the other branches.

Why did Montesquieu want separation of powers? ›

Montesquieu concluded that the best form of government was one in which the legislative, executive, and judicial powers were separate and kept each other in check to prevent any branch from becoming too powerful. He believed that uniting these powers, as in the monarchy of Louis XIV, would lead to despotism.

Which statement best describes a government in which there is no separation of powers? ›

Which statement best describes a government in which there is no separation of powers? One person rules and has absolute power.

Who propounded the theory of separation of power? ›

The theory of Doctrine of Separation of Power was first propounded by Charles Louis de Secondat, Baron de Montesquieu, a French Enlightenment political philosopher and scholar, and in 1747, he published in his book 'Espirit des Louis' (The spirit of the laws).

Where and how was the concept of checks and balances first used? ›

The idea of checks and balances in government dates back to ancient times. The Greek statesman Polybius identified it as a “mixed” regime with three branches: monarchy… aristocracy…and democracy.

What would happen without the separation of powers? ›

Without a system to prevent one branch of government from having more power over another, the government would be controlled by one group of people. It would not be fair to the people of the United States if one branch had more power over another. This system is intended to prevent tyranny.

What happens if one branch has too much power? ›

If one branch is more powerful than the other two then the other two will be weaker and that side of the government could collapse. It is also like they are working against each other so that the three branches can remain separate and efficiently work in their department.

How does separation of powers support ideas in the preamble? ›

To protect our rights, the Constitution divides powers between the federal government's branches. This principle is called "separation of powers." Each branch of government holds distinct but equal authority. For example, Congress has the power to create laws, while the president has the power to execute these laws.

How is the balance of power maintained among the three organs of the government? ›

Checks and balances between the three organs are ensured through: The power of the Judiciary to exercise judicial review over legislative and executive actions. The Judiciary is bound by the procedure established by law in adjudication on question of law.

What is Montesquieu's main idea? ›

Montesquieu wrote that the main purpose of government is to maintain law and order, political liberty, and the property of the individual. Montesquieu opposed the absolute monarchy of his home country and favored the English system as the best model of government.

How does the US Constitution realize Montesquieu's concept of separation of powers? ›

The Founding Fathers used his views when writing the Constitution. He described the separation of political power among a legislature, an executive, and a judiciary. 2. He wrote that government is morally obligated to serve people, namely by protecting their natural rights of life, liberty, and property.

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