Separation of Power – SS1 Government Lesson Note (Third Term)

Separation of power is the division of the political powers of a state among three organs of government: the legislature, the executive and the judiciary.

• Main idea: all governmental power should not be vested in one person or one organ.
• Aim: dividing the powers reduces the chances of dictatorship and tyranny.

Behavioural objectives

By the end of the lesson, students should be able to:

1. define separation of power and name the thinker who popularised it;
2. state the advantages and disadvantages of separation of powers;
3. explain how powers are separated or fused in the parliamentary and presidential systems of government;
4. explain the doctrine of checks and balances;
5. state the merits and demerits of checks and balances.

What are the three organs of government?

There are three organs of government: the legislature, the executive and the judiciary.

Who developed the principle of separation of powers?

Baron de Montesquieu, a French political thinker and jurist, developed and popularised the principle of separation of powers.

• Book: L’Esprit des Lois (The Spirit of the Laws).
• Year published: 1748.
• Earlier thinkers: John Locke, Jean Bodin, Plato and Aristotle had expressed related views before him.

What are the advantages of separation of powers?

The advantages of separation of powers are that it protects citizens, prevents abuse of power and makes government orderly.

• Protects rights: it guarantees and maintains the rights, liberty and freedom of citizens.
• Prevents tyranny: it avoids chaos, violence, dictatorship and oppression.
• Specialisation: it leads to division of labour and specialisation in governance.
• Checks and balances: it allows one organ to check the activities of the others.
• Smooth running: without unnecessary interference, government runs more easily.
• Law and order: it supports rapid economic and political development.
• Efficiency: it brings orderliness in the administration of a country.
• Prevents excesses: it stops recklessness on the part of any organ.
• Stability: it helps to ensure a stable political system.

What are the disadvantages of separation of powers?

The disadvantages of separation of powers are that it can slow government, cause rivalry and make organs too powerful.

• Lower quality decisions: it is argued that dividing power among three arms lowers the quality of policies.
• Slow government: strict application slows down the running of government.
• Inefficiency: organs with no input from the others may become inefficient.
• Political instability: the checks and balances that go with it can unsettle the country.
• Unhealthy rivalry: organs may compete against one another.
• Powerful organs: a complete separation may make each organ strong enough to threaten individual liberty.
• Isolationist tendency: co-operation becomes difficult when too much stress is laid on separation.

How does the parliamentary (cabinet) system treat separation of powers?

The parliamentary system has a fusion of powers between the executive and the legislature, so powers are not strictly separated.

• Dual membership: ministers belong to both the executive and the legislature.
• Executive influence: the executive tends to have strong influence over the legislature.
• Britain: traditionally, the head of the judiciary (the Lord Chancellor) also sat in the executive and the legislature.
• Collective responsibility: the cabinet is collectively responsible to parliament for its actions.
• Vote of no confidence: parliament can remove the whole cabinet with this vote.
• Passing of bills: almost all executive bills pass, because ministers are also members of parliament.
• Check on judges: the legislature can present an address to the crown for the removal of judges.
• Final court of appeal: until 2009, the House of Lords was the final court of appeal for the United Kingdom. The Supreme Court now holds that role.

How does the presidential system treat separation of powers?

The presidential system separates the executive from the legislature, with no fusion between them.

• Separate membership: a legislator appointed a minister must resign his seat in the legislature.
• Independence: the executive does not control the legislature or the judiciary.
• Tenure: the president cannot dissolve the legislature before its tenure ends.
• Removal: the president can only be removed by impeachment for a serious offence.
• Individual responsibility: each minister is responsible for his own actions.
• Senate: the upper house does not act as the highest court of appeal.
• Election: the president is elected, not appointed by the legislature, so the legislature does not control him.
• Bills: not all executive bills are passed by the legislature.

What is the difference between the parliamentary and presidential systems in separation of powers?

In the parliamentary system, the executive and legislature are fused. In the presidential system, they are separate.

What is the doctrine of checks and balances?

Checks and balances is the use of the powers of one organ of government to check the activities of the other organs.

• Purpose: it checks abuse of office, constitutional violation and naked use of power.
• Independence: the organs stay mutually independent and are not fused.
• Watchdog role: each organ watches the others to prevent misuse of power.
• Application: it applies to both parliamentary and presidential systems.

What are examples of checks and balances?

What are the merits of checks and balances?

• Limits power: no organ can use power excessively.
• Efficiency: it brings orderliness and efficiency among the organs.
• Stops dictatorship: it helps prevent a dictatorial government.
• Respect for the Constitution: it leads to strict compliance with its provisions.
• Caution: officials become careful in carrying out their duties.
• Human rights: it guarantees the fundamental rights and freedom of citizens.
• Popular control: public authority and the organs of government come under popular control.

What are the demerits of checks and balances?

• Interference: one organ may interfere in the work of another, for example legislative approval of key executive appointments.
• Prerogative of mercy: the president interferes with the judiciary when he pardons convicted persons.
• Impeachment: the legislature’s power to impeach makes the executive dependent on it.
• Veto: the power to veto makes the president part of the law-making body, which goes against separation of powers.
• Declaring war: the president’s power to declare war can be blocked if the legislature withholds the required two-thirds majority.

Evaluation

1. Define separation of power.
2. Who popularised the principle of separation of powers, and in which book?
3. State four advantages of separation of powers.
4. Explain how the parliamentary system differs from the presidential system in the separation of powers.
5. State three demerits of checks and balances.

Assignment

Explain the doctrine of checks and balances, then give four disadvantages of separation of powers.