Separation of powers refers to the division of a
state
State may refer to:
Arts, entertainment, and media Literature
* ''State Magazine'', a monthly magazine published by the U.S. Department of State
* ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States
* ''Our S ...
's
government
A government is the system or group of people governing an organized community, generally a state.
In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government is a ...
into branches, each with separate, independent
powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typical division is into three branches: a
legislature
A legislature is an assembly with the authority to make law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its p ...
, an
executive
Executive ( exe., exec., execu.) may refer to:
Role or title
* Executive, a senior management role in an organization
** Chief executive officer (CEO), one of the highest-ranking corporate officers (executives) or administrators
** Executive dire ...
, and a
judiciary
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
, which is sometimes called the model. It can be contrasted with the
fusion of powers
Fusion of powers is a feature of some parliamentary forms of government where different branches of government are intermingled, typically the executive and legislative branches. It is contrasted with the separation of powers found in presidenti ...
in
parliamentary
A parliamentary system, or parliamentarian democracy, is a system of democracy, democratic government, governance of a sovereign state, state (or subordinate entity) where the Executive (government), executive derives its democratic legitimacy ...
and
semi-presidential system
A semi-presidential republic, is a republic in which a president exists alongside a prime minister and a cabinet, with the latter two being responsible to the legislature of the state. It differs from a parliamentary republic in that it has a ...
s where there can be overlap in membership and functions between different branches, especially the executive and legislative, although in most non-authoritarian jurisdictions, the judiciary
almost never overlaps with the other branches, whether powers in the jurisdiction are separated or fused.
The intention behind a system of separated powers is to prevent the concentration of power by providing for
checks and balances
Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typic ...
. The separation of powers model is often imprecisely and
metonymically
Metonymy () is a figure of speech in which a concept is referred to by the name of something closely associated with that thing or concept.
Etymology
The words ''metonymy'' and ''metonym'' come from grc, μετωνυμία, 'a change of name' ...
used interchangeably with the ' principle. While the model is a common type of separation, there are governments that have more or fewer than three branches.
History
Antiquity
Aristotle
Aristotle (; grc-gre, Ἀριστοτέλης ''Aristotélēs'', ; 384–322 BC) was a Greek philosopher and polymath during the Classical period in Ancient Greece. Taught by Plato, he was the founder of the Peripatetic school of phil ...
first mentioned the idea of a "mixed government" or hybrid government in his work
''Politics'', where he drew upon many of the constitutional forms in the
city-states of Ancient Greece. In the
Roman Republic
The Roman Republic ( la, Res publica Romana ) was a form of government of Rome and the era of the classical Roman civilization when it was run through public representation of the Roman people. Beginning with the overthrow of the Roman Kin ...
, the
Roman Senate
The Roman Senate ( la, Senātus Rōmānus) was a governing and advisory assembly in ancient Rome. It was one of the most enduring institutions in Roman history, being established in the first days of the city of Rome (traditionally founded in ...
,
Consuls
A consul is an official representative of the government of one state in the territory of another, normally acting to assist and protect the citizens of the consul's own country, as well as to facilitate trade and friendship between the people ...
and the
Assemblies showed an example of a
mixed government
Mixed government (or a mixed constitution) is a form of government that combines elements of democracy, aristocracy and monarchy, ostensibly making impossible their respective degenerations which are conceived as anarchy, oligarchy and tyranny. ...
according to
Polybius
Polybius (; grc-gre, Πολύβιος, ; ) was a Greek historian of the Hellenistic period. He is noted for his work , which covered the period of 264–146 BC and the Punic Wars in detail.
Polybius is important for his analysis of the mixed ...
(''Histories'', Book 6, 11–13). It was Polybius who described and explained the system of checks and balances in detail, crediting
Lycurgus of Sparta
Lycurgus (; grc-gre, Λυκοῦργος ; 820 BC) was the quasi-legendary lawgiver of Sparta who established the military-oriented reformation of Spartan society in accordance with the Oracle of Apollo at Delphi. All his reforms promoted th ...
with the first government of this kind.
[Polibius. (~150 B.C.). The Rise of the Roman Empire. Translated by Ian Scott-Kilvert (1979). Penguin Classics. London, England.] The Kingdom of Israel, and later Kingdom of Judea, had a separation of powers consisting of the executive/military in the figure of the Melekh/King, legislative/judiciary with the Sanhedrin, and clerical with the Levites and Kohanim (priests). Both the Melekh, Levite, and Kohen positions were hereditary (though there was a procedure to choose the Kohen Gadol, i.e. the High Priest, amongst the priestly caste), while the Sanhedrin was composed of ordained rabbis and judges who merited their position through study and piety.
Early modern mixed government in England and its colonies
John Calvin
John Calvin (; frm, Jehan Cauvin; french: link=no, Jean Calvin ; 10 July 150927 May 1564) was a French theologian, pastor and reformer in Geneva during the Protestant Reformation. He was a principal figure in the development of the system ...
(1509–1564) favoured a system of government that divided political power between
democracy
Democracy (From grc, δημοκρατία, dēmokratía, ''dēmos'' 'people' and ''kratos'' 'rule') is a form of government in which the people have the authority to deliberate and decide legislation (" direct democracy"), or to choose gov ...
and
aristocracy
Aristocracy (, ) is a form of government that places strength in the hands of a small, privileged ruling class, the aristocracy (class), aristocrats. The term derives from the el, αριστοκρατία (), meaning 'rule of the best'.
At t ...
(
mixed government
Mixed government (or a mixed constitution) is a form of government that combines elements of democracy, aristocracy and monarchy, ostensibly making impossible their respective degenerations which are conceived as anarchy, oligarchy and tyranny. ...
). Calvin appreciated the advantages of
democracy
Democracy (From grc, δημοκρατία, dēmokratía, ''dēmos'' 'people' and ''kratos'' 'rule') is a form of government in which the people have the authority to deliberate and decide legislation (" direct democracy"), or to choose gov ...
, stating: "It is an invaluable gift if God allows a people to elect its own government and magistrates." In order to reduce the danger of misuse of political power, Calvin suggested setting up several political institutions that should complement and control each other in a system of
checks and balances
Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typic ...
.
In this way, Calvin and his followers resisted
political absolutism
Politics (from , ) is the set of activities that are associated with making decisions in groups, or other forms of power relations among individuals, such as the distribution of resources or status. The branch of social science that studies ...
and furthered the growth of democracy. Calvin aimed to protect the rights and the well-being of ordinary people. In 1620 a group of English separatist
Congregationalists
Congregational churches (also Congregationalist churches or Congregationalism) are Protestant churches in the Calvinist tradition practising congregationalist church governance, in which each congregation independently and autonomously runs its ...
and
Anglicans
Anglicanism is a Western Christian tradition that has developed from the practices, liturgy, and identity of the Church of England following the English Reformation, in the context of the Protestant Reformation in Europe. It is one of the l ...
(later known as the
Pilgrim Fathers
The Pilgrims, also known as the Pilgrim Fathers, were the English settlers who came to North America on the ''Mayflower'' and established the Plymouth Colony in what is today Plymouth, Massachusetts, named after the final departure port of Plymo ...
) founded
Plymouth Colony
Plymouth Colony (sometimes Plimouth) was, from 1620 to 1691, the British America, first permanent English colony in New England and the second permanent English colony in North America, after the Jamestown Colony. It was first settled by the pa ...
in North America. Enjoying self-rule, they established a bipartite democratic system of government. The
"freemen" elected the
General Court, which 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.
Massachusetts Bay Colony
The Massachusetts Bay Colony (1630–1691), more formally the Colony of Massachusetts Bay, was an English settlement on the east coast of North America around the Massachusetts Bay, the northernmost of the several colonies later reorganized as the ...
(founded 1628),
Rhode Island
Rhode Island (, like ''road'') is a U.S. state, state in the New England region of the Northeastern United States. It is the List of U.S. states by area, smallest U.S. state by area and the List of states and territories of the United States ...
(1636),
Connecticut
Connecticut () is the southernmost state in the New England region of the Northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, New York to the west, and Long Island Sound to the south. Its cap ...
(1636),
New Jersey
New Jersey is a state in the Mid-Atlantic and Northeastern regions of the United States. It is bordered on the north and east by the state of New York; on the east, southeast, and south by the Atlantic Ocean; on the west by the Delaware ...
, and
Pennsylvania
Pennsylvania (; ( Pennsylvania Dutch: )), officially the Commonwealth of Pennsylvania, is a state spanning the Mid-Atlantic, Northeastern, Appalachian, and Great Lakes regions of the United States. It borders Delaware to its southeast, ...
had similar constitutions – they all separated political powers. (Except for Plymouth Colony and Massachusetts Bay Colony, these English outposts added
religious freedom
Freedom of religion or religious liberty is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance. It also includes the freedom ...
to their democratic systems, an important step towards the development of
human rights
Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for ce ...
.)
Books like
William Bradford's ''
Of Plymouth Plantation
''Of Plymouth Plantation'' is a journal that was written over a period of years by William Bradford, the leader of the Plymouth Colony in Massachusetts. It is regarded as the most authoritative account of the Pilgrims and the early years of the ...
'' (written between 1630 and 1651) were widely read in England. So the form of government in the colonies was well known in the mother country, including to the philosopher
John Locke
John Locke (; 29 August 1632 – 28 October 1704) was an English philosopher and physician, widely regarded as one of the most influential of Age of Enlightenment, Enlightenment thinkers and commonly known as the "father of liberalism ...
(1632–1704). 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
The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the ...
and the
House of Commons
The House of Commons is the name for the elected lower house of the bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of parliament. ...
), on 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, as the
Kingdom of England
The Kingdom of England (, ) was a sovereign state on the island of Great Britain from 12 July 927, when it emerged from various Anglo-Saxon kingdoms, until 1 May 1707, when it united with Scotland to form the Kingdom of Great Britain.
On 1 ...
had no written constitution.
Tripartite System
During the
English Civil War
The English Civil War (1642–1651) was a series of civil wars and political machinations between Parliamentarians (" Roundheads") and Royalists led by Charles I ("Cavaliers"), mainly over the manner of England's governance and issues of re ...
, the parliamentarians viewed the English system of government as composed of three branches - the King, the
House of Lords
The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the ...
and the
House of Commons
The House of Commons is the name for the elected lower house of the bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of parliament. ...
- where the first should have executive powers only, and the latter two legislative powers. One of the first documents proposing a tripartite system of separation of powers was the
Instrument of Government
The Instrument of Government was a constitution of the Commonwealth of England, Scotland and Ireland. Drafted by Major-General John Lambert in 1653, it was the first sovereign codified and written constitution in England.
Antecedence
The '' ...
, written by the English general
John Lambert John Lambert may refer to:
*John Lambert (martyr) (died 1538), English Protestant martyred during the reign of Henry VIII
*John Lambert (general) (1619–1684), Parliamentary general in the English Civil War
*John Lambert of Creg Clare (''fl.'' c. ...
in 1653, and soon adopted as the constitution of England for few years during
The Protectorate
The Protectorate, officially the Commonwealth of England, Scotland and Ireland, refers to the period from 16 December 1653 to 25 May 1659 during which England, Wales, Scotland, Ireland and associated territories were joined together in the Com ...
. The system comprised a legislative branch (the Parliament) and two executive branches, the
English Council of State
The English Council of State, later also known as the Protector's Privy Council, was first appointed by the Rump Parliament on 14 February 1649 after the execution of King Charles I.
Charles' execution on 30 January was delayed for several hour ...
and the
Lord Protector
Lord Protector (plural: ''Lords Protector'') was a title that has been used in British constitutional law for the head of state. It was also a particular title for the British heads of state in respect to the established church. It was sometimes ...
, all being elected (though the Lord Protector was elected for life) and having checks upon each other.
A further development in English thought was the idea that the judicial powers should be separated from the executive branch. This followed the use of the juridical system by the Crown to prosecute opposition leaders following
the Restoration
Restoration is the act of restoring something to its original state and may refer to:
* Conservation and restoration of cultural heritage
** Audio restoration
** Film restoration
** Image restoration
** Textile restoration
* Restoration ecology
...
, in the late years of
Charles II and during the short reign of
James II James II may refer to:
* James II of Avesnes (died c. 1205), knight of the Fourth Crusade
* James II of Majorca (died 1311), Lord of Montpellier
* James II of Aragon (1267–1327), King of Sicily
* James II, Count of La Marche (1370–1438), King C ...
(namely, during the 1680s).
The first constitutional document to establish the principle of the separation of powers in government between the legislative, executive, and judiciary branches were
Pacts and Constitutions of Rights and Freedoms of the Zaporizhian Host written in 1710 by
Ukrainian
Ukrainian may refer to:
* Something of, from, or related to Ukraine
* Something relating to Ukrainians, an East Slavic people from Eastern Europe
* Something relating to demographics of Ukraine in terms of demography and population of Ukraine
* So ...
Hetman
Pylyp Orlyk
Pylyp Stepanovych Orlyk ( uk, Пилип Степанович Орлик, pl, Filip Orlik; October 11 (21), 1672 – May 26, 1742) was a Zaporozhian Cossack starshyna, Hetman of Ukraine in exile, diplomat, secretary and close associate of Hetman ...
.
John Locke's legislative, executive and federative powers
![John Locke by John Greenhill](https://upload.wikimedia.org/wikipedia/commons/0/0f/John_Locke_by_John_Greenhill.jpg)
An earlier forerunner to Montesquieu's tripartite system was articulated by
John Locke
John Locke (; 29 August 1632 – 28 October 1704) was an English philosopher and physician, widely regarded as one of the most influential of Age of Enlightenment, Enlightenment thinkers and commonly known as the "father of liberalism ...
in his work ''
Two Treatises of Government
''Two Treatises of Government'' (or ''Two Treatises of Government: In the Former, The False Principles, and Foundation of Sir Robert Filmer, and His Followers, Are Detected and Overthrown. The Latter Is an Essay Concerning The True Original, ...
'' (1690). In the ''Two Treatises'', Locke distinguished between legislative, executive, and federative power. Locke defined legislative power as having "... the right to direct how the force of the commonwealth shall be employed" (2nd Tr., § 143), while executive power entailed the "execution of the laws that are made, and remain in force" (2nd Tr., § 144). Locke further distinguished federative power, which entailed "the power of war and peace, leagues and alliances, and all transactions with all persons and communities without
utsidethe commonwealth" (2nd Tr., § 145), or what is now known as
foreign policy
A State (polity), state's foreign policy or external policy (as opposed to internal or domestic policy) is its objectives and activities in relation to its interactions with other states, unions, and other political entities, whether bilaterall ...
. Locke distinguishes between separate powers but not discretely separate institutions, and notes that one body or person can share in two or more of the powers. For instance, Locke noted that while the executive and federative powers are different, they are often combined in a single institution (2nd Tr., § 148).
Locke believed that the legislative power was supreme over the executive and federative powers, which are subordinate. Locke reasoned that the legislative was supreme because it has law-giving authority; "
r what can give laws to another, must needs be superior to him" (2nd Tr., §150). According to Locke, legislative power derives its authority from the people, who have the right to make and unmake the legislature:
Locke maintains that there are restrictions on the legislative power. Locke says that the legislature cannot govern arbitrarily, cannot levy taxes or confiscate property without the
consent of the governed
In political philosophy, the phrase consent of the governed refers to the idea that a government's legitimacy and moral right to use state power is justified and lawful only when consented to by the people or society over which that political powe ...
(cf. "
No taxation without representation
"No taxation without representation" is a political slogan that originated in the American Revolution, and which expressed one of the primary grievances of the American colonists for Great Britain. In short, many colonists believed that as they ...
"), and cannot transfer its law-making powers to another body, known as the
nondelegation doctrine
The doctrine of nondelegation (or non-delegation principle) is the theory that one branch of government must not authorize another entity to exercise the power or function which it is constitutionally authorized to exercise itself. It is explicit ...
(2nd Tr., §142).
Montesquieu's separation of powers system
![Montesquieu 1](https://upload.wikimedia.org/wikipedia/commons/f/fc/Montesquieu_1.png)
The term "tripartite system" is commonly ascribed to French
Enlightenment
Enlightenment or enlighten may refer to:
Age of Enlightenment
* Age of Enlightenment, period in Western intellectual history from the late 17th to late 18th century, centered in France but also encompassing (alphabetically by country or culture): ...
political philosopher
Political philosophy or political theory is the philosophical study of government, addressing questions about the nature, scope, and legitimacy of public agents and institutions and the relationships between them. Its topics include politics, l ...
Baron de Montesquieu
Charles Louis de Secondat, Baron de La Brède et de Montesquieu (; ; 18 January 168910 February 1755), generally referred to as simply Montesquieu, was a French judge, man of letters, historian, and political philosopher.
He is the princip ...
, although he did not use such a term but referred to "distribution" of powers. In ''
The Spirit of the Laws
''The Spirit of Law'' (French: ''De l'esprit des lois'', originally spelled ''De l'esprit des loix''), also known in English as ''The Spirit of the Laws'', is a treatise on political theory, as well as a pioneering work in comparative law, publis ...
'' (1748),
Montesquieu described the various forms of distribution of
political power
In social science and politics, power is the social production of an effect that determines the capacities, actions, beliefs, or conduct of actors. Power does not exclusively refer to the threat or use of force (coercion) by one actor against ...
among a
legislature
A legislature is an assembly with the authority to make law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its p ...
, an
executive
Executive ( exe., exec., execu.) may refer to:
Role or title
* Executive, a senior management role in an organization
** Chief executive officer (CEO), one of the highest-ranking corporate officers (executives) or administrators
** Executive dire ...
, and a
judiciary
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
. Montesquieu's approach was to present and defend a form of government whose powers were not excessively centralized in a single monarch or similar ruler (a form known then as "aristocracy"). He based this model on the
Constitution of the Roman Republic
The constitution of the Roman Republic was a set of uncodified norms and customs which, together with various written laws, guided the procedural governance of the Roman Republic. The constitution emerged from that of the Roman kingdom, evolve ...
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 the British constitutional system, Montesquieu discerned a separation of powers among the monarch, Parliament, and the courts of law.
Montesquieu argues that each Power should only exercise its own functions. He was quite explicit here:
Separation of powers requires a different source of legitimization, or a different act of legitimization from the same source, for each of the separate powers. 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.
Montesquieu actually specified that the independence of the judiciary has to be real, and not merely apparent.
[Stephen Holmes, "Lineages of the Rule of Law", in Adam Przeworski & José María Maravall, eds., ''Democracy & the Rule of Law'', Cambridge Studies in the Theory of Democracy Series, № 5 (Cambridge University Press, 2003), pp. 19–61 at 26, .] The judiciary was generally seen as the most important of the three powers, independent and unchecked.
[Przeworski 2003, p.13]
Checks and balances
According to the principle of checks and balances, each of the branches of the state should have the power to limit or check the other two, creating a balance between the three separate powers of the state. Each branch's efforts to prevent either of the other branches becoming supreme form part of an eternal conflict, which leaves the people free from government abuses.
Immanuel Kant
Immanuel Kant (, , ; 22 April 1724 – 12 February 1804) was a German philosopher and one of the central Enlightenment thinkers. Born in Königsberg, Kant's comprehensive and systematic works in epistemology, metaphysics, ethics, and ...
was an advocate of this, noting that "the problem of setting up a state can be solved even by a nation of devils" so long as they possess an appropriate constitution to pit opposing factions against each other.
Checks and balances are designed to maintain the system of separation of powers keeping each branch in its place. The idea is that it is not enough to separate the powers and guarantee their independence but the branches need to have the constitutional means to defend their own legitimate powers from the encroachments of the other branches. They guarantee that the branches have the same level of power (co-equal), that is, are balanced, so that they can limit each other, avoiding the abuse of power. The origin of checks and balances, like separation of powers itself, is specifically credited to
Montesquieu
Charles Louis de Secondat, Baron de La Brède et de Montesquieu (; ; 18 January 168910 February 1755), generally referred to as simply Montesquieu, was a French judge, man of letters, historian, and political philosopher.
He is the principa ...
in the Enlightenment (in
The Spirit of the Laws
''The Spirit of Law'' (French: ''De l'esprit des lois'', originally spelled ''De l'esprit des loix''), also known in English as ''The Spirit of the Laws'', is a treatise on political theory, as well as a pioneering work in comparative law, publis ...
, 1748). Under this influence it was implemented in 1787 in the
Constitution of the United States
The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the natio ...
. In
Federalist No. 78
Federalist No. 78 is an essay by Alexander Hamilton, the seventy-eighth of ''The Federalist Papers''. Like all of ''The Federalist'' papers, it was published under the pseudonym Publius.
Titled "The Judiciary Department", Federalist No. 78 wa ...
,
Alexander Hamilton
Alexander Hamilton (January 11, 1755 or 1757July 12, 1804) was an American military officer, statesman, and Founding Father who served as the first United States secretary of the treasury from 1789 to 1795.
Born out of wedlock in Charlest ...
, citing Montesquieu, redefined the judiciary as a separate branch of government coequal with the legislative and the executive branches.
Before Hamilton, many colonists in the American colonies had adhered to British political ideas and conceived of government as divided into executive and legislative branches (with judges operating as appendages of the executive branch).
The following example of the separation of powers and their mutual checks and balances from the experience of the
United States Constitution
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven ar ...
(specifically,
Federalist No. 51
Federalist No. 51, titled: "The Structure of the Government Must Furnish the Proper Checks and Balances Between the Different Departments", is an essay by James Madison, the fifty-first of ''The Federalist Papers''. This document was published ...
) is presented as illustrative of the general principles applied in
similar forms of government as well:
Comparison between tripartite and bipartite national systems
Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
s with a high degree of separation of powers are found worldwide. A number of
Latin America
Latin America or
* french: Amérique Latine, link=no
* ht, Amerik Latin, link=no
* pt, América Latina, link=no, name=a, sometimes referred to as LatAm is a large cultural region in the Americas where Romance languages — languages derived f ...
n countries have
electoral branch
An election commission is a body charged with overseeing the implementation of electioneering process of any country. The formal names of election commissions vary from jurisdiction to jurisdiction, and may be styled an electoral commission, a c ...
es of government.
The
Westminster system is distinguished by a particular entwining of powers, such as in
New Zealand
New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island count ...
. New Zealand's
constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
is based on the principle of separation of powers through a series of constitutional safeguards, many of which are tacit. The Executive's ability to carry out decisions often depends on the Legislature, which is elected under the single member representative or
mixed member proportional
Mixed-member proportional representation (MMP or MMPR) is a mixed electoral system in which votes cast are considered in local elections and also to determine overall party vote tallies, which are used to allocate additional members to produce ...
systems. This means that government may be of a single party or a coalition of parties. The Judiciary is also free of government interference. If a series of judicial decisions result in an interpretation of the law which the Executive considers does not reflect the intention of the policy, the Executive can initiate changes to the legislation in question through the Legislature. The Executive cannot direct or request a judicial officer to revise or reconsider a decision; decisions are final. Should there be a dispute between the Executive and Judiciary, the Executive has no authority to direct the Judiciary, or its individual members and vice versa.
Complete separation of powers systems are almost always
presidential
President most commonly refers to:
*President (corporate title)
*President (education), a leader of a college or university
* President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese fu ...
, although theoretically this need not be the case. There are a few historical exceptions, such as the
Directoire
The Directory (also called Directorate, ) was the governing five-member committee in the French First Republic from 2 November 1795 until 9 November 1799, when it was overthrown by Napoleon Bonaparte in the Coup of 18 Brumaire and replaced by ...
system of revolutionary France.
Switzerland
). Swiss law does not designate a ''capital'' as such, but the federal parliament and government are installed in Bern, while other federal institutions, such as the federal courts, are in other cities (Bellinzona, Lausanne, Luzern, Neuchâtel ...
offers an example of non-Presidential separation of powers today: It is run by a seven-member executive branch, the
Federal Council. However, the Federal Council is appointed by parliament (but not dependent on parliament) and, although the judiciary has no power of review, the judiciary is still separate from the other branches.
Typical branches
*
Executive
Executive ( exe., exec., execu.) may refer to:
Role or title
* Executive, a senior management role in an organization
** Chief executive officer (CEO), one of the highest-ranking corporate officers (executives) or administrators
** Executive dire ...
*
Legislature
A legislature is an assembly with the authority to make law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its p ...
*
Judiciary
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
Additional branches
*
Auditory
*
Central bank
A central bank, reserve bank, or monetary authority is an institution that manages the currency and monetary policy of a country or monetary union,
and oversees their commercial banking system. In contrast to a commercial bank, a central ba ...
*
Civil service commission
A civil service commission is a government agency that is constituted by legislature to regulate the employment and working conditions of civil servants, oversee hiring and promotions, and promote the values of the public service. Its role is rou ...
*
Constitutional court
A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ...
*
Electoral
An election is a formal group decision-making process by which a population chooses an individual or multiple individuals to hold public office.
Elections have been the usual mechanism by which modern representative democracy has operated ...
*
Moderating
*
Human rights commission
A human rights commission, also known as a human relations commission, is a body set up to investigate, promote or protect human rights.
The term may refer to international, national or subnational bodies set up for this purpose, such as nationa ...
*
Ombudsman
An ombudsman (, also ,), ombud, ombuds, ombudswoman, ombudsperson or public advocate is an official who is usually appointed by the government or by parliament (usually with a significant degree of independence) to investigate complaints and at ...
*
Prosecutory
Three branches
Australia
Australia
Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
does not maintain a strict separation between the legislative and executive branches of government—indeed, government ministers are required to be members of parliament—but the federal judiciary strictly guards its independence from the other two branches. However, under influence from the U.S. constitution, the Australian constitution does define the three branches of government separately, which has been interpreted by the judiciary to induce an implicit separation of powers. State governments have a similar level of separation of power but this is generally on the basis of convention, rather than constitution.
Austria
The
Constitution of Austria
The Constitution of Austria (german: Österreichische Bundesverfassung) is the body of all constitutional law of the Republic of Austria on the federal level. It is split up over many different acts. Its centerpiece is the Federal Constitutional L ...
was originally written by
Hans Kelsen
Hans Kelsen (; ; October 11, 1881 – April 19, 1973) was an Austrian jurist, legal philosopher and political philosopher. He was the author of the 1920 Austrian Constitution, which to a very large degree is still valid today. Due to the rise ...
, a prominent constitutional scholar in Europe at that time. Kelsen was to serve as a part of the judicial court of review for Austria as part of its tripartite government.
Brazil
The ''
Constitution of Brazil
The Constitution of the Federative Republic of Brazil ( pt, Constituição da República Federativa do Brasil) is the supreme law of Brazil. It is the foundation and source of the legal authority underlying the existence of Brazil and the feder ...
'', in its second article, establishes that there are three "powers of the Union, independent and harmonic, the
Executive
Executive ( exe., exec., execu.) may refer to:
Role or title
* Executive, a senior management role in an organization
** Chief executive officer (CEO), one of the highest-ranking corporate officers (executives) or administrators
** Executive dire ...
, the
Legislative
A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government.
Laws enacted by legislatures are usually known as p ...
and the
Judiciary
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
".
Canada
The ''
Constitution Act, 1867
The ''Constitution Act, 1867'' (french: Loi constitutionnelle de 1867),''The Constitution Act, 1867'', 30 & 31 Victoria (U.K.), c. 3, http://canlii.ca/t/ldsw retrieved on 2019-03-14. originally enacted as the ''British North America Act, 186 ...
'' provides that there shall be an executive, a legislature, and the judiciary. At the federal level, the executive power is assigned to the
monarch of Canada
The monarchy of Canada is Canada's form of government embodied by the Canadian sovereign and head of state. It is at the core of Canada's constitutional federal structure and Westminster-style parliamentary democracy. The monarchy is the found ...
, acting through their representative, the
Governor General of Canada
The governor general of Canada (french: gouverneure générale du Canada) is the federal viceregal representative of the . The is head of state of Canada and the 14 other Commonwealth realms, but resides in oldest and most populous realm, t ...
. The legislative function is assigned to the
Parliament of Canada
The Parliament of Canada (french: Parlement du Canada) is the federal legislature of Canada, seated at Parliament Hill in Ottawa, and is composed of three parts: the King, the Senate, and the House of Commons. By constitutional convention, the ...
, composed of the monarch, the
Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
and the
House of Commons
The House of Commons is the name for the elected lower house of the bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of parliament. ...
. The judicial powers are primarily assigned to the provincial superior courts, but provision was made for the creation of federal courts by Parliament. The federal courts now include the
Supreme Court of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...
, the
Federal Court of Appeal
The Federal Court of Appeal (french: Cour d'appel fédérale) is a Canadian appellate court that hears cases concerning federal matters.
History
Section 101 of the Constitution Act, 1867 empowers the Parliament of Canada to establish "addit ...
, and the
Federal Court of Canada
The Federal Court of Canada, which succeeded the Exchequer Court of Canada in 1971, was a national court of Canada that had limited jurisdiction to hear certain types of disputes arising under the federal government's legislative jurisdiction. ...
.
The Supreme Court of Canada has repeatedly emphasised that the separation of powers is an important structural element of the Constitution of Canada. For example, in giving the majority judgment in ''Ontario v Criminal Lawyers' Association of Ontario'', Justice Karakatsanis stated:
Canada, like other parliamentary countries using the
Westminster system, has a fusion between the executive and the legislative branches, with the
Prime Minister
A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is not ...
and other
Cabinet ministers
A cabinet is a body of high-ranking state officials, typically consisting of the executive branch's top leaders. Members of a cabinet are usually called cabinet ministers or secretaries. The function of a cabinet varies: in some countries ...
being members of Parliament. However, the two branches have distinct roles, and in certain instances can come into conflict with each other. For example, in June 2021, the
Speaker of the House of Commons Speaker of the House of Commons is a political leadership position found in countries that have a House of Commons, where the membership of the body elects a speaker to lead its proceedings.
Systems that have such a position include:
* Speaker of ...
directed a member of the public service to comply with an order of the House of Commons to share certain documents with the Commons, and the public servant refused to do so. The federal government announced that it would challenge the Speaker's ruling in the Federal Court.
The separation of powers is much stricter between the judicial branch, on the one hand, and the elected legislative and executive branches, on the other hand. The Supreme Court has held that judicial independence is a fundamental principle of the Constitution of Canada. The courts are independent from the elected branches in fulfilling their duties and reaching their decisions.
Similar structural principles apply with provincial and territorial governments, including the strong separation between the judiciary and the elected branches.
Commonwealth of Nations
The Commonwealth (Latimer House) Principles have been adopted in
Abuja
Abuja () is the capital and eighth most populous city of Nigeria. Situated at the centre of the country within the Federal Capital Territory (FCT), it is a planned city built mainly in the 1980s based on a master plan by International Plann ...
, Nigeria, in 2003.
Czech Republic
The Constitution of the Czech Republic, adopted in 1992 immediately before the
dissolution of Czechoslovakia
The dissolution of Czechoslovakia ( cs, Rozdělení Československa, sk, Rozdelenie Česko-Slovenska) took effect on December 31, 1992, and was the self-determined split of the federal republic of Czechoslovakia into the independent countries o ...
, establishes the traditional tripartite division of powers
and continues the tradition of its predecessor constitutions. The
Czechoslovak Constitution of 1920
After World War I, Czechoslovakia established itself and as a republic and democracy with the establishment of the Constitution of 1920. The constitution was adopted by the National Assembly on 29 February 1920 and replaced the provisional constit ...
, which replaced the provisional constitution adopted by the newly independent state in 1918, was modelled after the constitutions of established
democracies
Democracy (From grc, δημοκρατία, dēmokratía, ''dēmos'' 'people' and ''kratos'' 'rule') is a form of government in which the people have the authority to deliberate and decide legislation (" direct democracy"), or to choose gov ...
such as those of the United Kingdom, United States and France, and maintained this division,
as have subsequent changes to the constitution that followed in 1948 with the
Ninth-of-May Constitution
The Ninth-of-May (1948) Constitution was the second constitution of Czechoslovakia, in force from 1948 to 1960. It came into force on 9 May, shortly after the communist seizure of power in the country on 25 February 1948. It replaced the 1920 C ...
, the
1960 Constitution of Czechoslovakia
The Constitution of the Czechoslovak Socialist Republic (''Ústava Československé socialistické / Československej socialistickej republiky'' in Czech / Slovak), promulgated on 11 July 1960 as the constitutional law 100/1960 Sb., was the third c ...
as well as the
Constitutional Act on the Czechoslovak Federation
The Constitutional Act on the Czechoslovak Federation ( cs, Ústavní zákon o československé federaci, sk, Ústavný zákon o česko-slovenskej federácii) was a constitutional law in Czechoslovakia adopted on 27 October 1968 and in force from ...
of 1968.
Denmark
*
Parliament
In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
– legislature
*
Prime Minister
A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is not ...
,
Cabinet
Cabinet or The Cabinet may refer to:
Furniture
* Cabinetry, a box-shaped piece of furniture with doors and/or drawers
* Display cabinet, a piece of furniture with one or more transparent glass sheets or transparent polycarbonate sheets
* Filing ...
, Government Departments and Civil Service – executive
*
High Courts and lower courts – judiciary
France
According to the
Constitution of the Fifth Republic
The current Constitution of France was adopted on 4 October 1958. It is typically called the Constitution of the Fifth Republic , and it replaced the Constitution of the Fourth Republic of 1946 with the exception of the preamble per a Constitu ...
, the government of France is divided into three branches:
* Executive. This includes the popularly elected
president
President most commonly refers to:
*President (corporate title)
*President (education), a leader of a college or university
*President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ful ...
as well as the
prime minister
A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is not ...
and cabinet. The French Prime minister is nominated by the president, but the government is responsible to the lower house of the legislature, the
National Assembly
In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the repre ...
.
*
Legislature
A legislature is an assembly with the authority to make law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its p ...
. A bicameral legislature that includes the
Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
(upper house) and the
National Assembly
In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the repre ...
(lower house). The relationship between the two houses is asymmetric, meaning that in case of dispute, the National Assembly has the final word according to Article 45 of the Constitution.
*
Judiciary
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
. This includes the judicial and administrative orders. It also includes a
constitutional court
A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ...
.
Hong Kong
Hong Kong
Hong Kong ( (US) or (UK); , ), officially the Hong Kong Special Administrative Region of the People's Republic of China ( abbr. Hong Kong SAR or HKSAR), is a city and special administrative region of China on the eastern Pearl River Delt ...
is a
Special Administrative Region established in 1997 pursuant to the
Sino-British Joint Declaration
The Sino-British Joint Declaration is a treaty between the governments of the United Kingdom and China signed in 1984 setting the conditions in which Hong Kong was transferred to Chinese control and for the governance of the territory after ...
, an international treaty made between Britain and China in 1984, registered with the
United Nations
The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and international security, security, develop friendly relations among nations, achieve international cooperation, and be ...
. The
Hong Kong Basic Law
The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China is a national law of China that serves as the organic law for the Hong Kong Special Administrative Region (HKSAR). Comprising nine chapters, 160 ...
, a national law of China that serves as the ''de facto'' constitution, divides the government into Executive, Legislative, and Judicial bodies.
However, according to the former
Secretary for Security
The Secretary for Security is the member of the Government of Hong Kong in charge of the Security Bureau, which is responsible for public safety, security, and immigration matters.
The post was created in 1973 and since the Principal Offic ...
,
Regina Ip
Regina Ip Lau Suk-yee (; ' Lau; born 24 August 1950) is a Chinese politician. She is currently the Convenor of the Executive Council (ExCo) and a member of the Legislative Council of Hong Kong (LegCo), as well as the founder and current chair ...
, also a current member of the
Executive Council(ExCo) and
Legislative Council of Hong Kong
The Legislative Council of the Hong Kong Special Administrative Region (LegCo) is the unicameral legislature of Hong Kong. It sits under China's " one country, two systems" constitutional arrangement, and is the power centre of Hong Kong ...
, Hong Kong never practices Separation of Powers after the handover of Hong Kong back to China.
Nevertheless, Hong Kong's policy was decided by the Governor in Council before 1997, and it became the Chief Executive in Council afterwards. No matter when, some members of the Executive Council are also members of the Legislative Council. When the same person holds positions in the executive and legislative branches at the same time, the two powers are integrated rather than separated, and so it does not constitute a strict separation of powers, it is because checks and balances has been lost. This institutional practice existed long before 1997 during the British rule and has been followed ever since.
India
India follows
constitutional democracy
Liberal democracy is the combination of a liberal political ideology that operates under an indirect democratic form of government. It is characterized by elections between multiple distinct political parties, a separation of powers into diff ...
which offers a clear separation of powers. The judiciary is independent of the other two branches with the power to interpret the constitution.
Parliament
In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
has the legislative powers. Executive powers are vested in the
President
President most commonly refers to:
*President (corporate title)
*President (education), a leader of a college or university
*President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ful ...
who is advised by the
Union Council of Ministers
The Union Council of Ministers Article 58 of the ''Constitution of India'' is the principal executive organ of the Government of India, which is responsible for being the senior decision making body of the executive branch. It is chaired by t ...
headed by the
Prime Minister
A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is not ...
. The constitution of India vested the duty of protecting, preserving and defending the constitution with the President as common head of the executive, parliament, armed forces, etc.—not only for the
union government
The Government of India (ISO: ; often abbreviated as GoI), known as the Union Government or Central Government but often simply as the Centre, is the national government of the Republic of India, a federal democracy located in South Asia, c ...
but also the various
state governments
A state government is the government that controls a subdivision of a country in a federal form of government, which shares political power with the federal or national government. A state government may have some level of political autonomy, or ...
in a
federal structure. All three branches have "checks and balances" over each other to maintain the balance of power and not to exceed the constitutional limits.
* President can
set aside a law passed by the legislative or an advise given by the
Union Council of Ministers
The Union Council of Ministers Article 58 of the ''Constitution of India'' is the principal executive organ of the Government of India, which is responsible for being the senior decision making body of the executive branch. It is chaired by t ...
when it is inconsistent with the constitution of India.
* Even if the president accepts a law passed duly by the legislative, it can be
repealed by the Supreme Court after a fair trial if it is against the
Basic structure of the constitution. Any citizen of India can
approach the Supreme Court directly to repeal the unconstitutional laws made by the legislative or executive.
* President can be removed from office for unconstitutional decisions after an
impeachment trial
An impeachment trial is a trial that functions as a component of an impeachment. Several governments utilize impeachment trials as a part of their processes for impeachment, but differ as to when in the impeachment process trials take place and how ...
conducted by the parliament.
* President can be removed by
Supreme Court of India
The Supreme Court of India ( IAST: ) is the supreme judicial authority of India and is the highest court of the Republic of India under the constitution. It is the most senior constitutional court, has the final decision in all legal matters ...
under article 71(1) for electoral malpractice or on the grounds of losing eligibility for the position.
* Parliament can impeach judges of Supreme Court and High Courts of states for their incompetence and ''
mala fides
Bad faith (Latin: ''mala fides'') is a sustained form of deception which consists of entertaining or pretending to entertain one set of feelings while acting as if influenced by another."of two hearts ... a sustained form of deception which ...
''. A higher bench of judges can set aside the incorrect judgements of a smaller bench of judges to uphold the constitution.
Iran
Absolute Guardian of Islamist Jurist -
Supreme leader
** Government – Executive
** The legislature of Islamic Republic of Iran – Legislative
** Judicial system – Judicial
Ireland
* Oireachtas – legislature
* Taoiseach, Cabinet, Government Departments – executive
* High Court and lower courts – judiciary
Italy
In
Italy
Italy ( it, Italia ), officially the Italian Republic, ) or the Republic of Italy, is a country in Southern Europe. It is located in the middle of the Mediterranean Sea, and its territory largely coincides with the homonymous geographical re ...
the powers are separated, even though the Council of Ministers needs a
vote of confidence
A motion of no confidence, also variously called a vote of no confidence, no-confidence motion, motion of confidence, or vote of confidence, is a statement or vote about whether a person in a position of responsibility like in government or mana ...
from both chambers of Parliament (which represents a large number of members, around 600).
Like every parliamentary form of government, there is no complete separation between Legislature and Executive, rather a ''continuum'' between them due to the confidence link. The balance between these two branches is protected by Constitution and between them and the judiciary, which is really independent.
Japan
Based on
popular sovereignty
Popular sovereignty is the principle that the authority of a state and its government are created and sustained by the consent of its people, who are the source of all political power. Popular sovereignty, being a principle, does not imply any ...
, the
Government of Japan
The Government of Japan consists of legislative, executive and judiciary branches and is based on popular sovereignty. The Government runs under the framework established by the Constitution of Japan, adopted in 1947. It is a unitary state, c ...
is divided into the legislative, executive and judicial branches. All of the branches of government operate under the framework set by the post-
WWII
World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposin ...
Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
ratified in 1947.
Legislative power is vested in the bicameral parliament of Japan, the
National Diet
The is the national legislature of Japan. It is composed of a lower house, called the House of Representatives (Japan), House of Representatives (, ''Shūgiin''), and an upper house, the House of Councillors (Japan), House of Councillors (, ...
(国会, ''Kokkai''). The Diet consists of the
House of Councillors
The is the upper house of the National Diet of Japan. The House of Representatives is the lower house. The House of Councillors is the successor to the pre-war House of Peers. If the two houses disagree on matters of the budget, treaties, ...
(参議院, ''Sangiin'') as the upper house and the
House of Representatives
House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
(衆議院, ''Shugiin'') as the lower house. Members of both houses are elected under a
parallel voting system.
The executive power of the state is vested in the
Cabinet of Japan
The is the chief executive body of the government of Japan. It consists of the prime minister, who is appointed by the emperor after being designated by the National Diet, and up to nineteen other members, called Ministers of State. The prime ...
(内閣, ''Naikaku''). The Prime Minister (内閣総理大臣, ''Naikaku Sōri-Daijin'') serves as the head of the Cabinet and is designated from among the members of the Diet. As a
parliamentary democracy
A parliamentary system, or parliamentarian democracy, is a system of democratic governance of a state (or subordinate entity) where the executive derives its democratic legitimacy from its ability to command the support ("confidence") of the ...
, the Prime Minister and Cabinet ministers are responsible to parliament and can be dismissed by a
motion of no confidence
A motion of no confidence, also variously called a vote of no confidence, no-confidence motion, motion of confidence, or vote of confidence, is a statement or vote about whether a person in a position of responsibility like in government or mana ...
.
Judicial power is vested in the
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
(最高裁判所, ''Saikō-Saibansho''). It is the ultimate judicial authority on matters of constitutional and national law interpretation. It also has the power of
judicial review
Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompat ...
, allowing it to review the constitutionality of laws.
Malaysia
* Parliament – legislature
* Prime Minister, Cabinet, Government Departments and Civil Service – executive
* Federal Courts and lower courts – judiciary
Mexico
Article 49 of the Mexican Constitution establishes that the
Supreme Power of the Federation is divided in three Powers, the
Executive
Executive ( exe., exec., execu.) may refer to:
Role or title
* Executive, a senior management role in an organization
** Chief executive officer (CEO), one of the highest-ranking corporate officers (executives) or administrators
** Executive dire ...
, the
Legislative
A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government.
Laws enacted by legislatures are usually known as p ...
and the
Judiciary
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
.
Netherlands
*
States General The word States-General, or Estates-General, may refer to:
Currently in use
* Estates-General on the Situation and Future of the French Language in Quebec, the name of a commission set up by the government of Quebec on June 29, 2000
* States Genera ...
* Government - executive
*
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
Nepal
* Legislative Parliament – Legislature
* Prime Minister, Cabinet of Minister and Government Departments – Executive
* Supreme Court – Judiciary
Norway
*
Parliament
In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
– legislature
* The King,
Prime Minister
A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is not ...
,
Cabinet of Norway
The Council of State (Norwegian: ''Statsrådet''), is a formal body composed of the most senior government ministers chosen by the Prime Minister, and functions as the collective decision-making organ constituting the executive branch of the ...
, Government Departments and Civil Service – executive
* The Supreme Court,
High Courts and lower courts – judiciary
A note on the status of separation of power, checks and balances, and
balance of power in Norway today.
In the original constitution of 1814 the Montesquieu concept was enshrined, and the people at the time had the same skepticism about political parties as the American founding fathers and the revolutionaries in France. Nor did people really want to get rid of the king and the Council of State (privy council). King and council was a known concept that people had lived with for a long time and for the most part were comfortable with. The 1814 constitution came about as a reaction to external events, most notable the
Treaty of Kiel
The Treaty of Kiel ( da, Kieltraktaten) or Peace of Kiel (Swedish and no, Kielfreden or ') was concluded between the United Kingdom of Great Britain and Ireland and the Kingdom of Sweden on one side and the Kingdoms of Denmark and Norway on the ...
(see
1814 in Norway
Events in the year 1814 in Norway.
Incumbents
*Monarch: Frederick VI (until February 7), then Christian Frederick (May 17 – October 10), then Charles II (since November 4)
Overview
1814 has historically been considered the most important ye ...
). There was no revolution against the current powers, as had been the case in the U.S. and France.
As there was no election of the executive, the king reigned supremely independent in selecting the members of the Council of State, no formal political parties formed until the 1880s. A conflict between the executive and legislature started developing in the 1870s and climaxed with the legislature impeaching the entire Council of State in 1884 (see
Statsrådssaken ">orwegian Wikipedia page. With this came a switch to a
parliamentary system
A parliamentary system, or parliamentarian democracy, is a system of democratic governance of a state (or subordinate entity) where the executive derives its democratic legitimacy from its ability to command the support ("confidence") of the ...
of government. While the full process took decades, it has led to a system of
parliamentary sovereignty
Parliamentary sovereignty, also called parliamentary supremacy or legislative supremacy, is a concept in the constitutional law of some parliamentary democracies. It holds that the legislative body has absolute sovereignty and is supreme over all ...
, where the Montesquieu idea of separation of powers is technically dead even though the three branches remain important institutions.
This ''does not'' mean that there are no checks and balances. With the introduction of a parliamentary system, political parties started to form quickly, which led to a call for electoral reform that saw the introduction of
Party-list proportional representation
Party-list proportional representation (list-PR) is a subset of proportional representation electoral systems in which multiple candidates are elected (e.g., elections to parliament) through their position on an electoral list. They can also be us ...
in 1918. The peculiarities of the Norwegian election system generate 6–8 parties and make it extremely difficult for a single party to gain an absolute majority. It has only occurred for a brief period in the aftermath of World War II where the
Labour Party had an absolute majority.
A
multi-party system
In political science, a multi-party system is a political system in which multiple political parties across the political spectrum run for national elections, and all have the capacity to gain control of government offices, separately or in coal ...
parliament that must either form a minority executive or a coalition executive functions as a perfectly good system of checks and balances even if it was never a stated goal for the introduction of multiparty system. The multiparty system came about in response to a public outcry of having too few parties and a general feeling of a lack of representation. For this reason, very little on the topic of separation of powers or checks and balances can be found in the works of Norwegian political sciences today.
Pakistan
*
Parliament
In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
–
Legislative
A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government.
Laws enacted by legislatures are usually known as p ...
*
Prime Minister
A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is not ...
and their
Cabinet
Cabinet or The Cabinet may refer to:
Furniture
* Cabinetry, a box-shaped piece of furniture with doors and/or drawers
* Display cabinet, a piece of furniture with one or more transparent glass sheets or transparent polycarbonate sheets
* Filing ...
–
Executive
Executive ( exe., exec., execu.) may refer to:
Role or title
* Executive, a senior management role in an organization
** Chief executive officer (CEO), one of the highest-ranking corporate officers (executives) or administrators
** Executive dire ...
*
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
and
lower courts –
Judicial
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudication, adjudicates legal disputes/disagreements and interprets, defends, and app ...
Philippines
* Legislative Department: bicameral
Congress
A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of a ...
(
Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
,
House of Representatives
House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
)
* Executive Department:
President
President most commonly refers to:
*President (corporate title)
*President (education), a leader of a college or university
*President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ful ...
,
Vice President
A vice president, also director in British English, is an officer in government or business who is below the president (chief executive officer) in rank. It can also refer to executive vice presidents, signifying that the vice president is on t ...
, and the
Cabinet
Cabinet or The Cabinet may refer to:
Furniture
* Cabinetry, a box-shaped piece of furniture with doors and/or drawers
* Display cabinet, a piece of furniture with one or more transparent glass sheets or transparent polycarbonate sheets
* Filing ...
* Judicial Department:
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
and other
courts
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance ...
In addition, the 1987 Philippine Constitution provides for three independent Constitutional Commissions:
*
Civil Service Commission
A civil service commission is a government agency that is constituted by legislature to regulate the employment and working conditions of civil servants, oversee hiring and promotions, and promote the values of the public service. Its role is rou ...
*
Commission on Elections
An election commission is a body charged with overseeing the implementation of electioneering process of any country. The formal names of election commissions vary from jurisdiction to jurisdiction, and may be styled an electoral commission, a c ...
*
Commission on Audit
Other Independent Constitutional Bodies:
*
Office of the Ombudsman
An ombudsman (, also ,), ombud, ombuds, ombudswoman, ombudsperson or public advocate is an official who is usually appointed by the government or by parliament (usually with a significant degree of independence) to investigate complaints and at ...
*
Commission on Human Rights
A human rights commission, also known as a human relations commission, is a body set up to investigate, promote or protect human rights.
The term may refer to international, national or subnational bodies set up for this purpose, such as nationa ...
*
National Economic and Development Authority
The National Economic and Development Authority (NEDA; fil, Pambansang Pangasiwaan sa Kabuhayan at Pagpapaunlad) is an independent cabinet-level agency of the Philippine government responsible for economic development and planning. It is headed ...
*
Bangko Sentral ng Pilipinas
The Bangko Sentral ng Pilipinas (; commonly abbreviated as BSP in both Filipino and English) is the central bank of the Philippines. It was established on July 3, 1993, pursuant to the provision of Republic Act 7653 or the New Central Bank Act ...
(Central Bank of the Philippines)
South Korea
*
National Assembly of South Korea
The National Assembly of the Republic of Korea, often shortened to the National Assembly in domestic English-language media, is the unicameral national legislature of South Korea. Elections to the National Assembly are held every four years. T ...
– Legislature
*
Executive branch of South Korea - Executive
*
Judiciary of South Korea
The judiciary of South Korea ( ko, 대한민국 사법부, 대한민국의 사법기관) is judicial branch ( ko, 사법부) of South Korean central government, established by Chapter 5 and 6 of the Constitution of South Korea.
* Under the Cha ...
– Judiciary
Turkey
*
Parliament
In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
– legislature
*
President
President most commonly refers to:
*President (corporate title)
*President (education), a leader of a college or university
*President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ful ...
,
Council of Ministers
A council is a group of people who come together to consult, deliberate, or make decisions. A council may function as a legislature, especially at a town, city or county/shire level, but most legislative bodies at the state/provincial or natio ...
and Government Departments – executive
*
High Courts and lower courts – judiciary
United Kingdom
* Parliament – legislature
* Prime Minister, Cabinet, Government Departments and Civil Service – executive
* Courts – judiciary
The development of the British constitution, which is not a
codified document, is based on fusion in the person of the Monarch, who has a formal role to play in the legislature (Parliament, which is where legal and political sovereignty lies, is the Crown-in-Parliament, and is summoned and dissolved by the Sovereign who must give his or her Royal Assent to all Bills so that they become Acts), the executive (the Sovereign appoints all ministers of His/Her Majesty's Government, who govern in the name of the Crown) and the judiciary (the Sovereign, as the fount of justice, appoints all senior judges, and all public prosecutions are brought in his or her name).
Although the
doctrine
Doctrine (from la, doctrina, meaning "teaching, instruction") is a codification of beliefs or a body of teachings or instructions, taught principles or positions, as the essence of teachings in a given branch of knowledge or in a belief system ...
of separation of power plays a role in the United Kingdom's constitutional life, the constitution is often described as having "a weak separation of powers" (
A. V. Dicey) despite it being the one to which Montesquieu originally referred. For example, the executive forms a subset of the legislature, as did—to a lesser extent—the judiciary until the establishment of the
Supreme Court of the United Kingdom
The Supreme Court of the United Kingdom (initialism: UKSC or the acronym: SCOTUK) is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. As the Unite ...
. The Prime Minister, the Chief Executive, sits as a member of the
Parliament of the United Kingdom
The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprema ...
, either as a peer in the
House of Lords
The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the ...
or as an elected member of the
House of Commons
The House of Commons is the name for the elected lower house of the bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of parliament. ...
(by convention, and as a result of the supremacy of the Lower House, the Prime Minister now sits in the
House of Commons
The House of Commons is the name for the elected lower house of the bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of parliament. ...
). Furthermore, while the courts in the United Kingdom are amongst the most independent in the world, the
Law Lords
Lords of Appeal in Ordinary, commonly known as Law Lords, were judges appointed under the Appellate Jurisdiction Act 1876 to the British House of Lords, as a committee of the House, effectively to exercise the judicial functions of the House of ...
, who were the final arbiters of most judicial disputes in the U.K. sat simultaneously in the
House of Lords
The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the ...
, the upper house of the legislature, although this arrangement ceased in 2009 when the
Supreme Court of the United Kingdom
The Supreme Court of the United Kingdom (initialism: UKSC or the acronym: SCOTUK) is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. As the Unite ...
came into existence. Furthermore, because of the existence of Parliamentary sovereignty, while the theory of separation of powers may be studied there, a system such as that of the U.K. is more accurately described as a "
fusion of powers
Fusion of powers is a feature of some parliamentary forms of government where different branches of government are intermingled, typically the executive and legislative branches. It is contrasted with the separation of powers found in presidenti ...
".
Until 2005, the
Lord Chancellor
The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. The ...
fused in his person the Legislature, Executive and Judiciary, as he was the ex officio
Speaker of the House of Lords
The Lord Speaker is the presiding officer, chairman and highest authority of the House of Lords in the Parliament of the United Kingdom. The office is analogous to the Speaker of the House of Commons: the Lord Speaker is elected by the members ...
, a Government Minister who sat in
Cabinet
Cabinet or The Cabinet may refer to:
Furniture
* Cabinetry, a box-shaped piece of furniture with doors and/or drawers
* Display cabinet, a piece of furniture with one or more transparent glass sheets or transparent polycarbonate sheets
* Filing ...
and was head of the
Lord Chancellor's Department
The Lord Chancellor's Department was a United Kingdom government department answerable to the Lord Chancellor with jurisdiction over England and Wales.
Created in 1885 as the Lord Chancellor's Office with a small staff to assist the Lord Chancell ...
, which administered the courts, the justice system and appointed judges, and was the head of the Judiciary in England and Wales and sat as a judge on the
Judicial Committee of the House of Lords
Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, it for many centuries had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachments, ...
, the highest domestic court in the entire United Kingdom, and the
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 Augus ...
, the senior tribunal court for parts of the Commonwealth. The
Lord Chancellor
The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. The ...
also had certain other judicial positions, including being a judge in the Court of Appeal and President of the Chancery Division. The
Lord Chancellor
The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. The ...
combines other aspects of the constitution, including having certain ecclesiastical functions of the
established state church, making certain church appointments, nominations and sitting as one of the thirty-three Church Commissioners. These functions remain intact and unaffected by the
Constitutional Reform Act. In 2005, the
Constitutional Reform Act separated the powers with Legislative functions going to an elected
Lord Speaker
The Lord Speaker is the presiding officer, chairman and highest authority of the House of Lords in the Parliament of the United Kingdom. The office is analogous to the Speaker of the House of Commons: the Lord Speaker is elected by the members ...
and the Judicial functions going to the
Lord Chief Justice
Lord is an appellation for a person or deity who has authority, control, or power over others, acting as a master, chief, or ruler. The appellation can also denote certain persons who hold a title of the peerage in the United Kingdom, or are ...
. The
Lord Chancellor's Department
The Lord Chancellor's Department was a United Kingdom government department answerable to the Lord Chancellor with jurisdiction over England and Wales.
Created in 1885 as the Lord Chancellor's Office with a small staff to assist the Lord Chancell ...
was replaced with a
Ministry of Justice A Ministry of Justice is a common type of government department that serves as a justice ministry.
Lists of current ministries of justice
Named "Ministry"
* Ministry of Justice (Abkhazia)
* Ministry of Justice (Afghanistan)
* Ministry of Just ...
and the
Lord Chancellor
The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. The ...
currently serves in the position of
Secretary of State for Justice
The secretary of state for justice, also referred to as the justice secretary, is a secretary of state in the Government of the United Kingdom, with responsibility for the Ministry of Justice. The incumbent is a member of the Cabinet of the Un ...
.
The judiciary has no power to strike down primary legislation, and can only rule on secondary legislation that it is invalid with regard to the primary legislation if necessary.
Under the concept of
parliamentary sovereignty
Parliamentary sovereignty, also called parliamentary supremacy or legislative supremacy, is a concept in the constitutional law of some parliamentary democracies. It holds that the legislative body has absolute sovereignty and is supreme over all ...
,
Parliament
In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
can enact any primary legislation it chooses. However, the concept immediately becomes problematic when the question is asked, "If parliament can do anything, can it bind its successors?" It is generally held that parliament can do no such thing.
Equally, while statute takes precedence over precedent-derived common law and the judiciary has no power to strike down primary legislation, there are certain cases where the supreme judicature has effected an injunction against the application of an act or reliance on its authority by the civil service. The seminal example of this is the
Factortame case, where the House of Lords granted such an injunction preventing the operation of the ''Merchant Shipping Act 1988'' until litigation in the European Court of Justice had been resolved.
The House of Lords ruling in Factortame (No. 1), approving the European Court of Justice formulation that "a national court which, in a case before it concerning Community law, considers that the sole obstacle which precludes it from granting interim relief is a rule of national law, must disapply that rule", has created an implicit tiering of legislative reviewability; the only way for parliament to prevent the supreme judicature from injunctively striking out a law on the basis of incompatibility with Community law is to pass an act specifically removing that power from the court, or by repealing the ''European Communities Act 1972''.
The British legal systems are based on
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
traditions, which require:
*
Police
The police are a constituted body of persons empowered by a state, with the aim to enforce the law, to ensure the safety, health and possessions of citizens, and to prevent crime and civil disorder. Their lawful powers include arrest and t ...
or
regulators
Regulator may refer to:
Technology
* Regulator (automatic control), a device that maintains a designated characteristic, as in:
** Battery regulator
** Pressure regulator
** Diving regulator
** Voltage regulator
* Regulator (sewer), a control de ...
cannot initiate complaints under
criminal law
Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law i ...
but can only investigate (prosecution is mostly reserved for the
Crown Prosecution Service
The Crown Prosecution Service (CPS) is the principal public agency for conducting criminal prosecutions in England and Wales. It is headed by the Director of Public Prosecutions.
The main responsibilities of the CPS are to provide legal adv ...
), which prevents
selective enforcement
In law, selective enforcement occurs when government officials (such as police officers, prosecutors, or regulators) exercise discretion, which is the power to choose whether or how to punish a person who has violated the law. The biased use of e ...
—e.g., the "
fishing expedition
A fishing expedition is an informal, pejorative term for a non-specific search for information, especially incriminating information. It is most frequently organized by policing authorities.
Media
In the UK, Abu Hamza and Yaser al-Sirri, Jim Dav ...
," which is often specifically forbidden.
*
Prosecutor
A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the Civil law (legal system), civil law inquisitorial system. The prosecution is the legal party responsible for presenting the ...
s cannot withhold evidence from
counsel
A counsel or a counsellor at law is a person who gives advice and deals with various issues, particularly in legal matters. It is a title often used interchangeably with the title of ''lawyer''.
The word ''counsel'' can also mean advice given ...
for the
defendant
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case.
Terminology varies from one jurisdic ...
; to do so results in
mistrial
In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, w ...
or dismissal. Accordingly, their relation to police is no advantage.
*
Defendant
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case.
Terminology varies from one jurisdic ...
s convicted can
appeal
In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...
, but only fresh and compelling evidence not available at trial can be introduced, restricting the power of the
court of appeal
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of t ...
to the process of law applied.
United States
![Washington Constitutional Convention 1787](https://upload.wikimedia.org/wikipedia/commons/2/29/Washington_Constitutional_Convention_1787.jpg)
Separation of powers was first established in the
United States Constitution
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven ar ...
, wherein the founders included features of many new concepts, including hard-learned historical lessons about the checks and balances of power. Similar concepts were also prominent in the state governments of the United States. As colonies of Great Britain, the founders considered that the American states had suffered an abuse of the broad power of parliamentarism and monarchy. As a remedy, the United States Constitution limits the powers of the federal government through various means—in particular, the three branches of the federal government are divided by exercising different functions. The executive and legislative powers are separated in origin by separate elections, and the judiciary is kept independent. Each branch controls the actions of others and balances its powers in some way.
In the Constitution, Article 1 Section I grants Congress only those "legislative powers herein granted" and proceeds to list those permissible actions in Article I Section 8, while Section 9 lists actions that are prohibited for Congress. The vesting clause in Article II places no limits on the Executive branch, simply stating that "The Executive Power shall be vested in a President of the United States of America." The Supreme Court holds "The judicial Power" according to Article III, and
judicial review
Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompat ...
was established in ''
Marbury v. Madison
''Marbury v. Madison'', 5 U.S. (1 Cranch) 137 (1803), was a List of landmark court decisions in the United States, landmark Supreme Court of the United States, U.S. Supreme Court case that established the principle of Judicial review in the Uni ...
'' under the Marshall court.
The presidential system adopted by the Constitution of the United States obeys the balance of powers sought, and not found, by the constitutional monarchy. The people appoint their representatives to meet periodically in a legislative body, and, since they do not have a king, the people themselves elect a preeminent citizen to perform, also periodically, the executive functions of the State.
The direct election of the head of state or of the executive power is an inevitable consequence of the political freedom of the people, understood as the capacity to appoint and depose their leaders. Only this separate election of the person who has to fulfill the functions that the Constitution attributes to the president, so different by its nature and by its function from the election of representatives of the electors, allows the executive power to be controlled by the legislative and submitted to the demands of political responsibility.
Judicial independence Judicial independence is the concept that the judiciary should be independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan inte ...
is maintained by appointments for life, which remove any dependence on the Executive, with voluntary retirement and a high threshold for dismissal by the Legislature, in addition to a salary that cannot be diminished during their service.
The
federal government
A federation (also known as a federal state) is a political entity characterized by a union of partially self-governing provinces, states, or other regions under a central federal government (federalism). In a federation, the self-governin ...
refers to the branches as "branches of government", while some systems use "government" exclusively to describe the executive. The Executive branch has attempted to claim power arguing for separation of powers to include being the Commander-in-Chief of a standing army since the
American Civil War
The American Civil War (April 12, 1861 – May 26, 1865; also known by other names) was a civil war in the United States. It was fought between the Union ("the North") and the Confederacy ("the South"), the latter formed by states th ...
,
executive order
In the United States, an executive order is a directive by the president of the United States that manages operations of the federal government. The legal or constitutional basis for executive orders has multiple sources. Article Two of th ...
s, emergency powers, security classifications since
World War II
World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposin ...
, national security, signing statements, and the scope of the
unitary executive
The unitary executive theory is a theory of United States constitutional law which holds that the President of the United States possesses the power to control the entire federal executive branch. The doctrine is rooted in Article Two of the Un ...
.
Other systems
Belgium
Belgium
Belgium, ; french: Belgique ; german: Belgien officially the Kingdom of Belgium, is a country in Northwestern Europe. The country is bordered by the Netherlands to the north, Germany to the east, Luxembourg to the southeast, France to th ...
is currently a federated state that has imposed the ' on different governmental levels. The constitution of 1831, considered one of the most liberal of its time for limiting the powers of its monarch and imposing a rigorous system of separation of powers, is based on three principles (represented in the
Schematic overview of Belgian institutions
The table below provides a schematic and hierarchic overview of the institutions of the Belgian federated state, according to the principle of the Trias Politica (the theoretical concept of the Separation of political powers) in law-making, ex ...
).
' (horizontal separation of powers):
* The legislative power is attributed to a parliamentary body elected through a representative general election system (one person, one vote).
* The executive power is attributed to the Council of Ministers. Ministers are formally appointed by the King though in practice the
prime minister
A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is not ...
decides the composition of his cabinet. The ministers are usually from the elected members of parliament (although non-elected people can also be nominated); however, they must first resign from their elected seat.
* The judicial power is in the hands of the courts. Magistrates are nominated by the minister on proposal from a Council of the Magistrates.
** Magistrates can be nominated to become a judge (sitting magistrates) or instructing judge (investigating judge) of Procureur (public prosecutor) (the standing magistrates).
** The executive branch of the government is responsible for providing the physical means to execute its role (infrastructure, staff, financial means).
** Judges and some other people cannot run for elected office while they are nominated to certain positions (military, police-officers, clergy, notaries, bailiffs).
Subsidiarity
Subsidiarity is a principle of social organization that holds that social and political issues should be dealt with at the most immediate or local level that is consistent with their resolution. The ''Oxford English Dictionary'' defines subsidi ...
(vertical separation of powers):
* Supranational directives (EU legislation) and international treaties are subjected to approval of the federal level (the federal level being Belgium the nation state)
* The federal level comprises the following:
** A bicameral parliament (House of Representatives and Senate) (in 2014 this will be a directly elected house and an indirectly appointed Senate of the regions)
** A federal government (led by the Prime Minister, ministers and secretaries of state)
*** Tasked with overseeing justice, defence, foreign affairs, social security, and public health
** High Court, Constitutional Court, Cassation Court and Council of State
* The regional level comprises the following:
** A unicameral parliament
** A regional government led by the minister-president (ministers and secretaries of state) is tasked with regional matters
* Provinces also have similar structures:
** A unicameral provincial council
** A nominated provincial governor assisted by deputies is tasked with provincial matters
** Appellate Court, Assizes Court
* An intermediate level of Arrondissements subdivides the provinces
** it has only an executive level with arrondissemental commissars
* City and communal entities (local government):
** A city or communal council
** A mayor, assisted by aldermen, is tasked with local matters
** Magistrates Court, Correctional Court (three judges)
** Justice of the peace and Police Court judges (single judge courts)
Secularism (separation of state and religion):
* The king, the head of state, holds no political authority and requires executive approval by a minister for every action and statement; he nominates the ministers but he does not choose them (his executive powers); he signs and decrees the laws voted in parliament (his legislative powers);
* The head of state is commander in chief of the military (in title only), politically the military depends on the Minister of Defence and the chiefs of staff are responsible towards parliament and take their orders from the Minister of Defence and the government;
* Certain functions are deemed incompatible and people must resign from their function if they want to assume responsibilities in another function (military commanders have never been government ministers, even during a war).
China
= Imperial China
=
;
Three Lords and Nine Ministers The Three Lords and Nine Ministers system () was a central administrative system adopted in ancient China that was officially instituted in the Qin dynasty (221 BC – 206 BC) and was replaced by the Three Departments and Six Ministries () system s ...
(ancient)
Three Lords
The Three Ducal Ministers (), also translated as the Three Dukes, Three Excellencies, or the Three Lords, was the collective name for the three highest officials in Ancient China and Imperial China. These posts were abolished by Cao Cao in 208 A ...
:
#
Chancellor
Chancellor ( la, cancellarius) is a title of various official positions in the governments of many nations. The original chancellors were the of Roman courts of justice—ushers, who sat at the or lattice work screens of a basilica or law cou ...
– executive leader
#
Grandee Secretary (
Censorate
The Censorate was a high-level supervisory agency in Imperial China, first established during the Qin dynasty (221–207 BC).
The Censorate was a highly effective agency during the Mongol-led Yuan dynasty (1271–1368). During the M ...
chief and also Deputy Chancellor) – supervisory leader
#
Grand Commandant Grand Commandant () is a title referring to the supreme military commander in ancient China, Vietnam and the Korean Peninsula. The earliest recording is on the Master Lü's Spring and Autumn Annals in 205 BC.
During the Western Han, the position ...
– military leader
Nine Ministers The Nine Ministers or Nine Chamberlains () was the collective name for nine high officials in the imperial government of the Han dynasty (206 BC–220 AD), who each headed one of the Nine Courts and were subordinates to the Three Councillors of ...
/
Nine Courts
The Nine Courts were nine service agencies in Imperial China that existed from the Northern Qi dynasty (550–577) to the Qing dynasty (1636–1912). Headed by the Nine Chamberlains, the offices were subordinate to the Three Departments and Six Mi ...
, etc.
;
Three Departments and Six Ministries
The Three Departments and Six Ministries () system was the primary administrative structure in imperial China from the Sui dynasty (581–618) to the Yuan dynasty (1271–1368). It was also used by Balhae (698–926) and Goryeo (918–1392) an ...
(medieval)
#
Department of State Affairs
The Shangshu Sheng (), sometimes translated as the Department of State Affairs or the Imperial Secretariat, was one of the departments of the Three Departments and Six Ministries government structure. It was the primary executive institution of i ...
– edict execution
##
Ministry of Personnel
The Ministry of Personnel was one of the Six Ministries under the Department of State Affairs in imperial China, Korea, and Vietnam.
Functions
Under the Ming, the Ministry of Personnel was in charge of civil appointments, merit ratings, promoti ...
##
Ministry of Revenue
##
Ministry of Rites
The Ministry or Board of Rites was one of the Six Ministries of government in late imperial China. It was part of the imperial Chinese government from the Tang (7th century) until the 1911 Xinhai Revolution. Along with religious rituals and cour ...
##
Ministry of War Ministry of War may refer to:
* Ministry of War (imperial China) (c.600–1912)
* Chinese Republic Ministry of War (1912–1946)
* Ministry of War (Kingdom of Bavaria) (1808–1919)
* Ministry of War (Brazil) (1815–1999)
* Ministry of Defence (Est ...
##
Ministry of Justice A Ministry of Justice is a common type of government department that serves as a justice ministry.
Lists of current ministries of justice
Named "Ministry"
* Ministry of Justice (Abkhazia)
* Ministry of Justice (Afghanistan)
* Ministry of Just ...
##
Ministry of Works
#
Secretariat
Secretariat may refer to:
* Secretariat (administrative office)
* Secretariat (horse)
Secretariat (March 30, 1970 – October 4, 1989), also known as Big Red, was a champion American thoroughbred horse racing, racehorse who is the ninth winne ...
– edict formulation
#
Chancellery – edict review
*
Censorate
The Censorate was a high-level supervisory agency in Imperial China, first established during the Qin dynasty (221–207 BC).
The Censorate was a highly effective agency during the Mongol-led Yuan dynasty (1271–1368). During the M ...
– supervision
*
Nine Courts
The Nine Courts were nine service agencies in Imperial China that existed from the Northern Qi dynasty (550–577) to the Qing dynasty (1636–1912). Headed by the Nine Chamberlains, the offices were subordinate to the Three Departments and Six Mi ...
,
Five Directorates
The Five Directorates were five service agencies in the central government of the Sui, Tang, and Song dynasties of China, apart from the Nine Courts.
The Five Directorates included:
*Directorate of Waterways ()
*Directorate for Imperial Manufact ...
, etc.
;
Ming
The Ming dynasty (), officially the Great Ming, was an Dynasties in Chinese history, imperial dynasty of China, ruling from 1368 to 1644 following the collapse of the Mongol Empire, Mongol-led Yuan dynasty. The Ming dynasty was the last ort ...
and
Qing
The Qing dynasty ( ), officially the Great Qing,, was a Manchu-led imperial dynasty of China and the last orthodox dynasty in Chinese history. It emerged from the Later Jin dynasty founded by the Jianzhou Jurchens, a Tungusic-speaki ...
dynasties
*
Emperor
An emperor (from la, imperator, via fro, empereor) is a monarch, and usually the sovereignty, sovereign ruler of an empire or another type of imperial realm. Empress, the female equivalent, may indicate an emperor's wife (empress consort), ...
, via
Grand Council or equivalent
**
Grand Secretariat
The Grand Secretariat (; Manchu: ''dorgi yamun'') was nominally a coordinating agency but ''de facto'' the highest institution in the imperial government of the Chinese Ming dynasty. It first took shape after the Hongwu Emperor abolished the off ...
(cabinet) – edict formulation
**
Six Ministries
The Three Departments and Six Ministries () system was the primary administrative structure in imperial China from the Sui dynasty (581–618) to the Yuan dynasty (1271–1368). It was also used by Balhae (698–926) and Goryeo (918–1392) and ...
– edict execution
**
Censorate
The Censorate was a high-level supervisory agency in Imperial China, first established during the Qin dynasty (221–207 BC).
The Censorate was a highly effective agency during the Mongol-led Yuan dynasty (1271–1368). During the M ...
– supervision
*** Reviewers of the – supervising the Six Ministries
*** 13~20 Circuits
investigating censor
Investigation or Investigations may refer to:
Law enforcement
* Investigation, the work of a detective
* Investigation, the work of a private investigator
* Criminal investigation, the study of facts, used to identify, locate and prove the guilt ...
s –supervising regional officials
**
Five Courts, etc.
; Judicial
:
#
Ministry of Justice A Ministry of Justice is a common type of government department that serves as a justice ministry.
Lists of current ministries of justice
Named "Ministry"
* Ministry of Justice (Abkhazia)
* Ministry of Justice (Afghanistan)
* Ministry of Just ...
– case judgement
#
Censorate
The Censorate was a high-level supervisory agency in Imperial China, first established during the Qin dynasty (221–207 BC).
The Censorate was a highly effective agency during the Mongol-led Yuan dynasty (1271–1368). During the M ...
– case supervision
#
Court of Judicature and Revision
The Court of Judicature and Revision, also known as the Court of Judicial Review, was a central government agency in several imperial Dynasties in Chinese history, Chinese. From the Chinese, the system was also studied and implemented by List of V ...
– case review
; Military
*
Emperor
An emperor (from la, imperator, via fro, empereor) is a monarch, and usually the sovereignty, sovereign ruler of an empire or another type of imperial realm. Empress, the female equivalent, may indicate an emperor's wife (empress consort), ...
**
Privy Council
A privy council is a body that advises the head of state of a state, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the mon ...
or equivalent
**
Ministry of War Ministry of War may refer to:
* Ministry of War (imperial China) (c.600–1912)
* Chinese Republic Ministry of War (1912–1946)
* Ministry of War (Kingdom of Bavaria) (1808–1919)
* Ministry of War (Brazil) (1815–1999)
* Ministry of Defence (Est ...
** Commands (e.g., Three Commands of the
Northern Song
Northern may refer to the following:
Geography
* North, a point in direction
* Northern Europe, the northern part or region of Europe
* Northern Highland, a region of Wisconsin, United States
* Northern Province, Sri Lanka
* Northern Range, a r ...
royal guard
A royal guard is a group of military bodyguards, soldiers or armed retainers responsible for the protection of a royal person, such as the emperor or empress, king or queen, or prince or princess. They often are an elite unit of the regular arm ...
forces, and of the
Ming
The Ming dynasty (), officially the Great Ming, was an Dynasties in Chinese history, imperial dynasty of China, ruling from 1368 to 1644 following the collapse of the Mongol Empire, Mongol-led Yuan dynasty. The Ming dynasty was the last ort ...
armies)
= Republic of China
=
According to
Sun Yat-sen
Sun Yat-sen (; also known by several other names; 12 November 1866 – 12 March 1925)Singtao daily. Saturday edition. 23 October 2010. section A18. Sun Yat-sen Xinhai revolution 100th anniversary edition . was a Chinese politician who serve ...
's idea of "
separation of the five powers", the government of the Republic of China has five branches:
*
Executive Yuan
The Executive Yuan () is the executive branch of the government of the Republic of China (Taiwan). Its leader is the Premier, who is appointed by the President of the Republic of China, and requires confirmation by the Legislative Yuan.
...
– led by the
premier
Premier is a title for the head of government in central governments, state governments and local governments of some countries. A second in command to a premier is designated as a deputy premier.
A premier will normally be a head of governm ...
but in actuality it is the
president
President most commonly refers to:
*President (corporate title)
*President (education), a leader of a college or university
*President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ful ...
who sets policy – executive
*
Legislative Yuan
The Legislative Yuan is the unicameral legislature of the Republic of China (Taiwan) located in Taipei. The Legislative Yuan is composed of 113 members, who are directly elected for 4-year terms by people of the Taiwan Area through a parallel v ...
–
unicameral
Unicameralism (from ''uni''- "one" + Latin ''camera'' "chamber") is a type of legislature, which consists of one house or assembly, that legislates and votes as one.
Unicameral legislatures exist when there is no widely perceived need for multic ...
– legislature
*
Judicial Yuan
The Judicial Yuan () is the judicial branch of the government of the Republic of China on Taiwan.''See'' Constitution arts. 77-82, ''available at'' ''See'' Additional Articles of the Constitution art. 5, ''available at'' It runs a Constitution ...
– its Constitutional Court (highest) and
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
have different jurisdictions – judiciary
*
Control Yuan
The Control Yuan is the supervisory and auditory branch of the government of the Republic of China (Taiwan). Prior to constitutional reforms in the 1990s, the Control Yuan, along with National Assembly (electoral college) and the Legislative ...
– audit branch
*
Examination Yuan
The Examination Yuan is the civil service commission branch, in charge of validating the qualification of civil servants, of the government of the Republic of China (Taiwan). It has a president, a vice president, and seven to nine members, all ...
– civil service personnel management and human resources
The
president
President most commonly refers to:
*President (corporate title)
*President (education), a leader of a college or university
*President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ful ...
and
vice president
A vice president, also director in British English, is an officer in government or business who is below the president (chief executive officer) in rank. It can also refer to executive vice presidents, signifying that the vice president is on t ...
as well as the defunct
National Assembly
In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the repre ...
are constitutionally not part of the above five branches. Before being abolished in 2005, the National Assembly was a standing
constituent assembly
A constituent assembly (also known as a constitutional convention, constitutional congress, or constitutional assembly) is a body assembled for the purpose of drafting or revising a constitution. Members of a constituent assembly may be elected b ...
and
electoral college for the president and vice president. Its constitutional amending powers were passed to the legislative yuan and its electoral powers were passed to the electorate.
The relationship between the executive and legislative branches are poorly defined. An example of the problems this causes is the near complete political paralysis that results when the president, who has neither the power to veto nor the ability to dissolve the legislature and call new elections, cannot negotiate with the legislature when his party is in the minority. The examination and control yuans are marginal branches; their leaders as well as the leaders of the executive and judicial yuans are appointed by the president and confirmed by the legislative yuan. The legislature is the only branch that chooses its own leadership. The vice president has practically no responsibilities.
= People's Republic of China
=
The central government of the People's Republic of China is nominally divided among several state organs:
#
National People's Congress
The National People's Congress of the People's Republic of China (NPC; ), or simply the National People's Congress, is constitutionally the supreme state authority and the national legislature of the People's Republic of China.
With 2, ...
(NPC): the ultimate power of the state that makes the constitution and basic laws, and supervises and elects all following organs;
#
Standing Committee of the National People's Congress
The Standing Committee of the National People's Congress of the People's Republic of China (NPCSC) is the permanent body of the National People's Congress (NPC) of the People's Republic of China (PRC), which is the highest organ of state po ...
(NPCSC): the permanent legislative organ that makes most laws, interprets the constitution and laws, conducts
judicial review
Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompat ...
, and supervises all following organs;
#
President
President most commonly refers to:
*President (corporate title)
*President (education), a leader of a college or university
*President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ful ...
: acts as a ceremonial
head of state
A head of state (or chief of state) is the public persona who officially embodies a state Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or representatitve of its international persona." in its unity and l ...
in compliance with decisions made by the NPCSC but exercises an independent power to nominate the Premier of the State Council;
#
State Council State Council may refer to:
Government
* State Council of the Republic of Korea, the national cabinet of South Korea, headed by the President
* State Council of the People's Republic of China, the national cabinet and chief administrative auth ...
(synonymous with "Central People's Government"): the executive branch, whose
Premier
Premier is a title for the head of government in central governments, state governments and local governments of some countries. A second in command to a premier is designated as a deputy premier.
A premier will normally be a head of governm ...
is the
head of government
The head of government is the highest or the second-highest official in the executive branch of a sovereign state, a federated state, or a self-governing colony, autonomous region, or other government who often presides over a cabinet, a gro ...
;
#
Central Military Commission (CMC): the military branch, whose
Chairman
The chairperson, also chairman, chairwoman or chair, is the presiding officer of an organized group such as a board, committee, or deliberative assembly. The person holding the office, who is typically elected or appointed by members of the grou ...
is the
commander-in-chief of the national armed forces including the
People's Liberation Army
The People's Liberation Army (PLA) is the principal military force of the People's Republic of China and the armed wing of the Chinese Communist Party (CCP). The PLA consists of five service branches: the Ground Force, Navy, Air Force, ...
(PLA), the
People's Armed Police
)
, abbreviation = PAP ("People's Armed Police") CAPF ("Chinese Armed Police Force"), formerly abbreviated''Wujing'' ( zh , s = 武警 , p = Wǔjǐng , l = Armed Police , labels = no ), or WJ as on vehicle license plates
, patch ...
(PAP), and the
Militia
A militia () is generally an army or some other fighting organization of non-professional soldiers, citizens of a country, or subjects of a state, who may perform military service during a time of need, as opposed to a professional force of r ...
;
#
National Supervisory Commission
National Supervisory Commission of the People's Republic of China is the highest anti-corruption agency of the People's Republic of China, at the same administrative ranking as Supreme People's Court and Supreme People's Procuratorate. Its opera ...
(NSC): the supervisory branch;
#
Supreme People's Court
The Supreme People's Court of the People's Republic of China (SPC; ) is the highest court of the People's Republic of China. It hears appeals of cases from the high people's courts and is the trial court for cases about matters of national ...
(SPC): the judicial branch;
#
Supreme People's Procuratorate
The Supreme People's Procuratorate () is the highest national agency responsible for legal prosecution and investigation in the People's Republic of China. Conceived initially in 1949 as the Supreme People's Prosecutor's Office, the agency was r ...
(SPP): the prosecutorial branch.
The
codification of the
Chinese Communist Party
The Chinese Communist Party (CCP), officially the Communist Party of China (CPC), is the founding and One-party state, sole ruling party of the China, People's Republic of China (PRC). Under the leadership of Mao Zedong, the CCP emerged victoriou ...
's
one-party system
A one-party state, single-party state, one-party system, or single-party system is a type of sovereign state in which only one political party has the right to form the government, usually based on the existing constitution. All other parties ...
renders the division of power amongst these organs a formality. Most practical political power is held by the
Politburo Standing Committee
The Politburo Standing Committee (PSC), officially the Standing Committee of the Political Bureau of the Communist Party of China Central Committee, is a committee consisting of the top leadership of the Chinese Communist Party (CCP). Histori ...
dominated by the
General Secretary
Secretary is a title often used in organizations to indicate a person having a certain amount of authority, power, or importance in the organization. Secretaries announce important events and communicate to the organization. The term is derived ...
, who serves as the country's
supreme leader.
Costa Rica
In the aftermath of the
43-day civil war in 1948 (after former
President
President most commonly refers to:
*President (corporate title)
*President (education), a leader of a college or university
*President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ful ...
and incumbent candidate
Rafael Ángel Calderón Guardia
Rafael Ángel Calderón Guardia (March 8, 1900 – June 9, 1970) was a Costa Rican medical doctor and politician, who served as President from 1940 to 1944.
Early life
Rafael Angel Calderón Guardia was born on 8 March 1900 in San José. In his ...
tried to take power through
fraud
In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law (e.g., a fraud victim may sue the fraud perpetrator to avoid the fraud or recover monetary compens ...
, by not recognising the results of the
presidential election
A presidential election is the election of any head of state whose official title is President.
Elections by country
Albania
The president of Albania is elected by the Assembly of Albania who are elected by the Albanian public.
Chile
The pre ...
that he had lost), the question of which transformational model the Costa Rican State would follow was the main issue that confronted the victors. A
Constituent Assembly
A constituent assembly (also known as a constitutional convention, constitutional congress, or constitutional assembly) is a body assembled for the purpose of drafting or revising a constitution. Members of a constituent assembly may be elected b ...
was elected by popular vote to draw up a new constitution,
enacted in 1949, and remains in force. This document was an edit of the
constitution of 1871, as the constituent assembly rejected more radical corporatist ideas proposed by the ruling
Junta Fundadora de la Segunda República
The Founding Junta of the Second Republic was a de facto government which existed in the Republic of Costa Rica from May 8, 1948 to November 8, 1949, with the overthrow of the constitutional president Teodoro Picado Michalski, by a group of rev ...
(which, although having come to power by military force, abolished the armed forces). Nonetheless, the new constitution increased centralization of power at the expense of municipalities and eliminated provincial government altogether, and at the time it increased the powers of congress and the judiciary.
It established the three supreme powers as the legislative, executive, and judicial branches, but also created two other autonomous state organs that have equivalent power, but not equivalent rank. The first is the
Tribunal Supremo de Elecciones de Costa Rica
The Supreme Electoral Court of Costa Rica (TSE) ( es, Tribunal Supremo de Elecciones de Costa Rica), is the supreme election commission of the Republic of Costa Rica. The Electoral Court was established in 1949 by the present Constitution of Costa ...
(electoral branch), which controls elections and makes unique, unappealable decisions on their outcomes.
The second is the office of the
Comptroller General
A comptroller (pronounced either the same as ''controller'' or as ) is a management-level position responsible for supervising the quality of accounting and financial reporting of an organization. A financial comptroller is a senior-level executi ...
(audit branch), an autonomous and independent organ nominally subordinate to the unicameral legislative assembly. All budgets of ministries and municipalities must pass through this agency, including the execution of budget items such as contracting for routine operations. The Comptroller also provides financial vigilance over government offices and office holders, and routinely brings actions to remove mayors for malfeasance, firmly establishing this organization as the fifth branch of the Republic.
European Union
The
European Union
The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been des ...
is a supranational polity, and is neither a country nor a federation; but as the EU wields political power it complies with the principle of separation of powers. There are seven
institutions of the European Union
The institutions of the European Union are the seven principal decision-making bodies of the European Union and the Euratom. They are, as listed in Article 13 of the Treaty on European Union:
* the European Parliament,
* the European Counci ...
. In intergovernmental matters, most power is concentrated in the
Council of the European Union
The Council of the European Union, often referred to in the treaties and other official documents simply as the Council, and informally known as the Council of Ministers, is the third of the seven Institutions of the European Union (EU) as ...
—giving it the characteristics of a normal
international organization
An international organization or international organisation (see spelling differences), also known as an intergovernmental organization or an international institution, is a stable set of norms and rules meant to govern the behavior of states an ...
. Here, all power at the EU level is in one branch. In the latter there are four main actors. The
European Commission
The European Commission (EC) is the executive of the European Union (EU). It operates as a cabinet government, with 27 members of the Commission (informally known as "Commissioners") headed by a President. It includes an administrative body o ...
acts as an independent executive which is appointed by the Council in conjunction with the European Parliament; but the commission also has a legislative role as the sole initiator of EU legislation.
An early maxim was: "The Commission proposes and the Council disposes"; and although the EU's lawmaking procedure is now much more complicated, this simple maxim still holds some truth. As well as both executive and legislative functions, the Commission arguably exercises a third, quasi-judicial, function under Articles 101 & 102 TFEU (competition law ); although the ECJ remains the final arbiter. The
European Parliament
The European Parliament (EP) is one of the legislative bodies of the European Union and one of its seven institutions. Together with the Council of the European Union (known as the Council and informally as the Council of Ministers), it adopts ...
is one half of the legislative branch and is directly elected. The Council itself acts both as the second half of the legislative branch and also holds some executive functions (some of which are exercised by the related
European Council
The European Council (informally EUCO) is a collegiate body that defines the overall political direction and priorities of the European Union. It is composed of the heads of state or government of the EU member states, the President of the E ...
in practice). The
European Court of Justice
The European Court of Justice (ECJ, french: Cour de Justice européenne), formally just the Court of Justice, is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Un ...
acts as the independent judicial branch, interpreting EU law and treaties. The remaining institution, the
European Court of Auditors
The European Court of Auditors (ECA; French: ''Cour des comptes européenne'') is one of the seven institutions of the European Union (EU). It was established in 1975 in Luxembourg in order to improve EU financial management. It has 27 members ( ...
, is an independent audit authority (due to the sensitive nature of fraud in the EU).
*
Council of the European Union
The Council of the European Union, often referred to in the treaties and other official documents simply as the Council, and informally known as the Council of Ministers, is the third of the seven Institutions of the European Union (EU) as ...
– executive and legislative
*
European Commission
The European Commission (EC) is the executive of the European Union (EU). It operates as a cabinet government, with 27 members of the Commission (informally known as "Commissioners") headed by a President. It includes an administrative body o ...
– executive, legislative and quasi-judicial
*
European Council
The European Council (informally EUCO) is a collegiate body that defines the overall political direction and priorities of the European Union. It is composed of the heads of state or government of the EU member states, the President of the E ...
– executive
*
European Court of Auditors
The European Court of Auditors (ECA; French: ''Cour des comptes européenne'') is one of the seven institutions of the European Union (EU). It was established in 1975 in Luxembourg in order to improve EU financial management. It has 27 members ( ...
– audit
*
Court of Justice of the European Union
The Court of Justice of the European Union (CJEU) (french: Cour de justice de l'Union européenne or "''CJUE''"; Latin: Curia) is the Judiciary, judicial branch of the European Union (EU). Seated in the Kirchberg, Luxembourg, Kirchberg quart ...
and the
General Court – judicial
*
European Parliament
The European Parliament (EP) is one of the legislative bodies of the European Union and one of its seven institutions. Together with the Council of the European Union (known as the Council and informally as the Council of Ministers), it adopts ...
– legislative
Germany
The three branches in German government are further divided into six main bodies enshrined in the
Basic Law for the Federal Republic of Germany
The Basic Law for the Federal Republic of Germany (german: Grundgesetz für die Bundesrepublik Deutschland) is the constitution of the Federal Republic of Germany.
The West German Constitution was approved in Bonn on 8 May 1949 and came in ...
:
* Federal President (''
Bundespräsident'') – formally executive, but mainly ''representative'' in daily politics
* Federal Cabinet (''
Bundesregierung
The Federal Cabinet or Federal Government (german: link=no, Bundeskabinett or ') is the chief executive body of the Federal Republic of Germany. It consists of the Federal Chancellor and cabinet ministers. The fundamentals of the cabinet's org ...
'') – executive
* Federal Diet (''
Bundestag
The Bundestag (, "Federal Diet") is the German federal parliament. It is the only federal representative body that is directly elected by the German people. It is comparable to the United States House of Representatives or the House of Commons ...
'') & Federal Council (''
Bundesrat'') – bicameral legislative
* Federal Assembly (''
Bundesversammlung'') – presidential electoral college (consisting of the members of the Bundestag and electors from the
constituent states
Administrative division, administrative unit,Article 3(1). country subdivision, administrative region, subnational entity, constituent state, as well as many similar terms, are generic names for geographical areas into which a particular, ind ...
)
* Federal Constitutional Court (''
Bundesverfassungsgericht
The Federal Constitutional Court (german: link=no, Bundesverfassungsgericht ; abbreviated: ) is the supreme constitutional court for the Federal Republic of Germany, established by the constitution or Basic Law () of Germany. Since its inc ...
'') – judiciary
Besides the constitutional court, the judicial branch at the federal level is made up of five supreme courts—one for civil and criminal cases (''Bundesgerichtshof''), and one each for administrative, tax, labour, and social security issues. There are also state-based (''
Länder / Bundesländer'') courts beneath them, and a rarely used
senate of the supreme courts.
Hungary
The four independent branches of power in Hungary (the parliament, the government, the court system, and the office of the public accuser) are divided into six bodies:
*
Parliament
In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
(Magyar Országgyűlés): elected every 4 years by the people in a highly complex, one-round voting system
*
Government
A government is the system or group of people governing an organized community, generally a state.
In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government is a ...
(Magyar Kormány): installed and removed by simple majority vote of the parliament, 4-year terms
*
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
(Legfelsőbb Bíróság): Chief justice elected by qualified (2/3) majority of the parliament, no government oversight
*
Constitutional court
A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ...
(Alkotmánybíróság): members elected by qualified majority of the parliament for 8 years, this body nullifies laws and has no government oversight
*
Chief public accuser (Legfőbb ügyész): elected by qualified majority of the parliament, 6-year terms, office budget fixed, no government oversight
*
The President of the Republic (Köztársasági Elnök) is elected by qualified majority of the Hungarian parliament for 5-year terms (cannot be reelected more than once). The President's task is to oversee the functioning of the democracy. Most powers are ceremonial: like signing laws into power and commanding the military in time of peace. The president can also return accepted bills once with advices to the Parliament for reconsideration or can also request nullification in advance from the Constitutional Court. The president can negotiate with civil/professional unions regarding the bills. Without the President's permission, the country can neither declare war nor deploy the armed forces.
The independent pillar status of the Hungarian public accuser's office is a unique construction, loosely modelled on the system Portugal introduced after the 1974 victory of the
Carnation Revolution
The Carnation Revolution ( pt, Revolução dos Cravos), also known as the 25 April ( pt, 25 de Abril, links=no), was a military coup by left-leaning military officers that overthrew the authoritarian Estado Novo regime on 25 April 1974 in Lisbo ...
. The public accuser (attorney general) body has become the fourth column of Hungarian democracy only in recent times: after communism fell in 1989, the office was made independent by a new clause (XI) of the Constitution. The change was meant to prevent abuse of state power, especially with regards to the use of false accusations against opposition politicians, who may be excluded from elections if locked in protracted or excessively severe court cases.
To prevent the Hungarian accuser's office from neglecting its duties, natural human private persons can submit investigation requests, called "pótmagánvád," directly to the courts if the accusers' office refuses to. Courts will decide if the allegations have merit and order police to act in lieu of the accuser's office if warranted. In its decision No. 42/2005, the Hungarian constitutional court declared that the government does not enjoy such privilege and the state is powerless to further pursue cases if the public accuser refuses to do so.
Historical
Notable examples of states after Montesquieu that had more than three powers include:
* Quadripartite Systems:
** The
Empire of Brazil
The Empire of Brazil was a 19th-century state that broadly comprised the territories which form modern Brazil and (until 1828) Uruguay. Its government was a representative parliamentary constitutional monarchy under the rule of Emperors Dom Pe ...
(1822–1889) had, in addition to the three traditional powers, the moderating power, which was exercised solely by the Emperor,
[Keith S. Rosenn]
Separation of Powers in Brazil
47 Duq. L. Rev. 839 (2009). and whose function was resolving conflicts between the other powers.
** The
Vermont Republic
The Vermont Republic ( French: ''République du Vermont''), officially known at the time as the State of Vermont ( French: ''État du Vermont''), was an independent state in New England that existed from January 15, 1777, to March 4, 1791. The ...
and the
Commonwealth of Pennsylvania
Pennsylvania (; (Pennsylvania Dutch: )), officially the Commonwealth of Pennsylvania, is a state spanning the Mid-Atlantic, Northeastern, Appalachian, and Great Lakes regions of the United States. It borders Delaware to its southeast, Maryl ...
both had a collective executive (
Supreme Executive Council
The Supreme Executive Council of the Commonwealth of Pennsylvania was the collective directorial executive branch of the Pennsylvanian state government between 1777 and 1790. It was headed by a president and a vice president (analogous to a gov ...
), a unicameral legislature (
Assembly
Assembly may refer to:
Organisations and meetings
* Deliberative assembly, a gathering of members who use parliamentary procedure for making decisions
* General assembly, an official meeting of the members of an organization or of their representa ...
), an elected judiciary (
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
), and the
Council of Censors
A council is a group of people who come together to consult, deliberate, or make decisions. A council may function as a legislature, especially at a town, city or county/shire level, but most legislative bodies at the state/provincial or natio ...
this group was responsible for ensuring constitutionality of the Executive, Legislative, and Judiciary branches of government and auditing taxes and could also either censure or impeach any member of government who they had found to have violated the constitution they also had the sole power to both call constitution conventions and amend the constitution
See also
Notes
References
Further reading
* Peter Barenboim,
Biblical Roots of Separation of Powers', Moscow, Letny Sad, 2005. , Permalink
LC Catalog - Item Information (Full Record)* Biancamaria Fontana (ed.),
The Invention of the Modern Republic' (2007)
* W. B. Gwyn, ''The Meaning of the Separation of Powers'' (1965) (no ISBN)
* Bernard Manin,
Principles of Representative Government' (1995; English version 1997) (hbk), (pbk)
* José María Maravall and
Adam Przeworski
Adam Przeworski (; born May 5, 1940) is a Polish-American professor of political science specializing in comparative politics. He is Carroll and Milton Professor Emeritus in the Department of Politics of New York University. He is a scholar of dem ...
(eds),
Democracy and the Rule of Law' (2003) (hbk), (pbk)
* Paul A. Rahe
(2009) (hbk), (pbk)
* Iain Stewart
"Men of Class: Aristotle, Montesquieu and Dicey on 'Separation of Powers' and 'the Rule of Law'"4 ''Macquarie Law Journal'' 187 (2004)
* Iain Stewart
"Montesquieu in England: his 'Notes on England', with Commentary and Translation"(2002)
*
Alec Stone Sweet
Alec Stone Sweet is an American political scientist and jurist. He is Professor and Chair of Comparative and International Law at The University of Hong Kong.
Scholarship
Stone Sweet graduated from Western Washington University (BA, Political Sci ...
,
Governing with Judges: Constitutional Politics in Europe' (2000)
* Reinhold Zippelius, ''Allgemeine Staatslehre/Politikwissenschaft (= Political Science)'', 16th edition, § 31, C.H. Beck, Munich, 2010,
* Evan C. Zoldan,
Is the Federal Judiciary Independent of Congress?', 70 Stan. L. Rev. Online 135 (2018).
External links
{{Authority control
Constitutional law
Philosophy of law
Political science terminology
Montesquieu