1.
Introduction
Power
is the cruelest, when it is most concentrated and least when diversified. Human
history, like nature, appears red, tooth and claw, if only because power
seekers have no other way to go about except the way of valence. That is why
down the ages, the history of man has been “dul, nasty, brutish and short”. The
sure way to avoid the abuse of power by governmental agencies is to divide the
political power and vest it in to the hands of diverse persons so that there is
effective check and power by power. The framers of the U.S.A Constitution were
influenced by Montesquieu, so they brought about a wise distribute of power.
The kept the executive, legislative and judicial powers as separate from and independent
of each other.
2.
The Principle of Separation of Power
The
principle of Separation of Powers is one of the most important features of the
American Constitution. The constitution clearly states that all legislative,
executive and judicial powers are vested in the Congress, the President and the
Supreme Court respectively. There is no other constitution in which the
demarcation of the three wings of administration is so clear. In Pakistan, for
example, we do not find so much separation of powers and the executive,
legislative and judicial powers of the federations are not vested in any branch
of the government.
3.
Meanings of Separation of Power
It
is the division of governmental authority into three branches of government i.e
legislative, executive and judicial each with specified duties on which neither
of the other branches can encroach.
4.
Doctrine of Separation of Powers in USA Constitution
Doctrine
of separation of power provides a model for governance of a state. Its main
objective is to prevent exercise of absolute powers. Following are main
features of this doctrine and these features can be observed in American
political set up
i.
Division of Government
Doctrine
of the separation of powers divides a government into three branches, and these
branches are legislature, executive and judiciary. Under American constitution,
American federal government has also been divided into three branches. In
American Federal government, legislature branch is congress, executive branch
is associated with American President and judicial branch is American
judiciary.
ii.
Functions and Powers of Government Branches
Under
doctrine of separation of powers, separate function sand powers are assigned to
legislature, executive and judiciary, and these functions and powers are
followings
a.
Functions and Powers of Legislature
Main
function and power of legislature is to make laws. In United States of America,
legislation is function and power of American Congress.
b.
Functions and Powers of Executive
Executive
is to execute business of government especially by putting law into operation.
In United States of America, this function is carried out by different
executive officials under direction of American President.
c.
Functions and Powers of Judiciary
Prominent
function and power of judiciary is to interpret law and dispense justice. In United
States of America, American judiciary is free to interpret laws and to review
new laws whether new laws are in accordance to existing laws and American
Constitution or not.
iii.
Separation of Powers and Check and Balances
The principles
of Separation of Powers are one of the most important features of the American
Constitution. The constitution clearly states that all legislative, executive
and judicial powers are vested in the congress, the President and the Supreme Court
respectively. There is no other constitution in which the demarcation of the three
wings of administration is so clear.
iv.
Independency of Government Branches
According
to doctrine of separation of powers, each of government-branches is independent
of others. Therefore, each of them exercises its powers and performs its
functions independently. Same is the situation in United States of America. In
United States of America, if legislation is function of American Congress, such
function cannot be done by other two government-branches.
v.
The utility of the system of Checks and balances
Absolute
separation of powers is as dangerous as the concentration of all governmental
powers in the hands of one man or few men, for a department would then exercise
its powers unchecked and unlimited by others. Unlimited power is always
dangerous. The absolute bring all governmental activities to a standstill.
vi.
Prevention of Absolute Powers
Under
doctrine of separation of powers, no single government-breach is able to
exercise complete authority. In this way, this doctrine prevents exercise of
absolute powers. One opinion is that American President is gaining more and
more powers with the passage of time. But this opinion is correct only t some
extent. The reality is that more check and balance are also being put on the
powers of American President with increase of his powers.
vii.
The system may generate conflict
Separation
of Powers faces various drawbacks in a situation when the Presidency and the
Congressional majority belong to both rival parties. Under such circumstances
there is a tussle between both the branches of government. The Congress may
ignore Presidential messages for legislation.
viii.
Division of Responsibilities
Under
American system of government based on Separation of Powers, no single branch
of government can be held responsible, especially when two rival parties
control these branches. The President can blame the congress for non
cooperation. While the Congressional may blame executive branch for not
executing laws in a befitting manner. This may produce lack of responsibility.
ix.
Ineffective Control over the executive
The
President and his Cabinet members do not attend the sessions of the congress;
as such they remain unaware of the trends and aspirations of people’s
representatives. The Ministers are not accountable to the people. Congressional
control over the executive virtually becomes ineffective.
x.
Concluding note
Apparently,
the doctrine of Checks and Balances is the negation of the theory of Separation
of Powers. In fact, this doctrine supplements the theory of Separation of
Powers and is a corollary to that theory. If administration is to be run
smoothly and the tyranny of government or any organ of government is to be
checked, the theory of Separation of Powers must be modified by the doctrine of
Checks and Balances. The system of Checks and Balances combines the theoretical
advantages of separation of powers with the consideration of the smooth working
and efficiency of government. The partial separation and the Checks and the
Balances were designed to protect the country against what we now call totalitarianism;
and so far the Americans have succeeded.
Final
Analysis
To
conclude, it can be stated that there exists close association between
doctrines of separation of powers and check and balance as far as United States
of America is concerned. It was firstly through doctrine of separation of powers
that specific powers have been given to each branch of American government, and
it is then through doctrine of check and balance that check and balance have
been established about powers of government branches.
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