The system of checks and balances is the basis of the theory of separation of powers. Three branches of government

2024 Author: Henry Conors | [email protected]. Last modified: 2024-02-12 02:43

The system of checks and balances is the practical application of the concept of separation of powers. The theory of the distribution of powers between several bodies and institutions, independent of each other, originated many centuries ago. It was the result of a long development of statehood and the search for an effective mechanism to prevent the emergence of despotism. The system of checks and balances is a derivative of the principle of separation of powers, embodying it in practice in the form of the relevant provisions of the constitution. The presence of such a mechanism is an essential characteristic of a democratic state.

Ancient world

The idea of separation of powers is rooted in antiquity. Examples of its theoretical justification and practical application can be found in the history of ancient Greece. The politician and legislator Solon established a system of government in Athens, in which there were elements of the separation of powers. He gave equal powers to two institutions: the Areopagus and the Council of Four Hundred. These twostate bodies stabilized the political situation in society through mutual control.

The concept of separation of powers was formulated by the ancient Greek thinkers Aristotle and Polybius. They pointed to the advantage of a polity in which the constituent elements are independent and practice mutual restraint. Polybius likened such a system to a balanced ship, able to withstand any storm.

Development of the theory

The medieval Italian philosopher Marsilius of Padua, in his works on the creation of a secular state, expressed the idea of delimiting the legislative and executive powers. In his opinion, the responsibility of the ruler is to observe the established order. Marsilius of Padua believed that only the people had the right to create and approve laws.

John Locke

The principle of separation of powers was further theoretically developed during the Renaissance. The English philosopher John Locke developed a model of civil society based on the accountability of the king and the highest dignitaries of the constitution. The outstanding thinker did not stop at the distinction between legislative and executive power. John Locke singled out one more - federal. According to him, the competence of this branch of government should include diplomatic and foreign policy issues. John Locke argued that the distribution of responsibility and authority among these three components of the public administration system would eliminate the danger of concentrationtoo much influence in one hand. The ideas of the English philosopher were widely recognized by subsequent generations.

Charles-Louis de Montesquieu

Theoretical constructions of John Locke made a deep impression on many educators and politicians. His doctrine of the separation of powers into three branches was rethought and developed by the French writer and lawyer Montesquieu. This happened in the first half of the 18th century. The structure of the society in which the Frenchman lived largely retained the features characteristic of feudalism. The theory formulated by the writer seemed too radical to his contemporaries. The doctrine of Charles-Louis de Montesquieu on the separation of powers was contrary to the structure of monarchical France. European states in that era continued to be based on medieval estate principles, dividing society into hereditary aristocrats, clergy and commoners. Today Montesquieu's theory is considered classical. It has become the cornerstone of any democratic state.

Main provisions of the theory

Montesquieu substantiated the need for separation of powers into legislative, executive and judicial. The demarcation and mutual containment of the three elements of the structure of the state are designed to prevent the establishment of dictatorship and abuse of power. Montesquieu considered despotism the worst form of government based on fear. He emphasized that tyrants act solely according to their own arbitrariness and do not observeno laws. According to Montesquieu, the unification of the three branches of government inevitably leads to the emergence of a dictatorship.

The French thinker pointed out the basic principle of the successful functioning of a divided state government structure: there should not be the possibility of subordinating one component of the system to two others.

US Constitution

The idea of the three branches of government first took legal form during the American Revolution and the Revolutionary War. The US Constitution consistently reflected the classical model of separation of powers in the sphere of public administration, developed by Montesquieu. American political leaders have added some improvements to it, one of which is the system of checks and balances. This is a mechanism that ensures mutual control of the three branches of government. The fourth President of the United States, James Madison, made a significant contribution to its creation. The system of checks and balances is a partial coincidence of the powers of the divided authorities. For example, the court may declare invalid a decision of the legislature if it is not in accordance with the constitution. The President of the country, being a representative of the executive branch, also has the right to veto. The competence of the head of state includes the appointment of judges, but their candidacies must be approved by the legislature. The system of checks and balances is the basis of the theory of separation of powers and the mechanism for its effective application in practice. U. S. constitutional provisions drafted by Madisonstill active.

Russian Federation

Principles formulated by Montesquieu and refined by the leaders of the American Revolution are incorporated into the laws of all democracies. The modern constitution of the Russian Federation also enshrined the separation of powers. The specificity of the implementation of this principle lies in the fact that the coordinated functioning of all branches is ensured by the president of the country, who formally does not belong to any of them. Responsibility for the development and adoption of laws lies with the State Duma and the Federation Council, which are a bicameral parliament. The exercise of executive power is in the competence of the Government. It consists of ministries, services and agencies. The judiciary in the Russian Federation oversees the activities of the parliament and assesses the conformity of the adopted laws with the constitution. In addition, it checks the legitimacy of regulations issued by the Government. The Constitution contains a special chapter dedicated to the judiciary in the Russian Federation.

UK

Many experts believe that the principle of separation of powers is not actually embodied in the state structure of the United Kingdom. In the UK, there is a historical trend of merging the legislature and the executive. The Prime Minister belongs to the most powerful political party. He is endowed with broad powers and usually has the support of the majority.parliamentarians. The independence of the judiciary is not called into question, but it does not have a significant impact on the activities of other state bodies. Legislative structures are traditionally considered the highest authority in Great Britain. Judges cannot criticize decisions approved by Parliament.

France

The Constitution of the Fifth Republic gives a special place to the head of state, elected by popular vote. The President of France appoints the prime minister and members of the government, determines foreign policy and conducts diplomatic negotiations with other countries. However, the dominant position of the head of state may be significantly limited by opposition forces in parliament.

The French constitution provides for the separation of powers. The executive branch consists of the president and the cabinet. Legislative functions belong to the National Assembly and the Senate. The roles of checks and balances are played by numerous independent agencies that are part of the structures of the executive branch. They often advise Parliament on various bills. These agencies act as regulators and even have some legal powers.