How to preserve Democracy?
Introduction
Sound Democracy is a mirage that only works from a theoretical point of view. The preservation of Democracy has not only proved a significant challenge to the American Government but to all countries that observe the same principle globally. Nevertheless, Democracy relies on the principle of Separation of powers, which dictates that each arm of the Government should function independently and without interference from another arm of the Government. Democracy dictates that Separation of powers is the only weapon that can uphold checks and balances on the three crucial arms of the Government.
How the American system of Governance Operates.
The American Constitution adopts a bi-cameral system of Governance. The power entrusted on the two Governments is then broken down into the other three arms of Government. The reason behind such an arrangement, is to protect the rights of the people. Each Government checks the other. As a result, each Government controls itself.
In such an arrangement, the rights of the society safeguarded from imperialist leaders, but also the rights of the society are safeguarded against injustices from the other part of the Government. The two-tier governments are established in a manner that they derive their power purely from the people. The citizens they govern are from different societies, cluster and have different interests from one another. The diversification of such rights, class and interests guarantees the protection of the minority.
In a country like the United States of America, is characterized by different cultures, beliefs, opinions and sects, the above forms the majority of the society. The factors mentioned above may necessitate the abrogation of the principle of justice and goodwill. Thus, the need for a government that is wholly independent of the masses rather than the set structure of Governance.
Separation of Powers as a Pointer to Sound Democracy.
To achieve sober and meaningful Democracy, each distinct arm of the Government should operate on its own will and per the mandates conferred unto it by the Constitution. The determinant factor in such an arrangement is the people. They are empowered by the Constitution to elect leaders. Who exercise authority on their behalf, through the Legislature, the Executive and the Judiciary.
To ensure that each arm of the Government works independently, the American Constitution has given each arm of the Government security of tenure to curb interference and external attack. The American System is set in a way that the three arms monitor each other to preserve the dignity and sanctity of an individual over public rights.
How the three branches of government work
Though the three arms of Government are different entities and perform different roles, they are, however interdependent. They function in a manner that, they keep checks and balances on each other. No one of the Government can work independently as outlined herein under;
The Legislature: As per Federalist 51, the American legislative system is predominant over the other arms of Government. In essence, this is the arm of Government that makes laws, vetoes presidential nominees and policies. To achieve its mandate, the American Constitution divided it into different branches, namely, Congress, the senate and the house of representatives. To make it more unique, the three branches have different election dates, mandate or functions distinctively different from each other.
The Executive. The American Constitution dictates Executive to implement the laws passed by Congress. The Executive is comprised of the President, the Vice President and the Cabinet. The President is adjudged with the responsibility of appointing critical positions like the Chief Justice and the Attorney General. Though, subject to the approval of the legislature.
The Judiciary. The American Judiciary is not only adored across the globe, but it used as a benchmark in matters administration of justice. The American Constitution bestows the mandate of interpretation of the laws, passed by Congress and assented to by the President. They have the power to declare a law passed by Congress and assented to by the President unconstitutional. To ensure its independence, the magistrates and judges are granted permanent tenure during the execution of their mandate.
Does the Separation of Powers Work?
Though in no small existent, the American system has adhered to the principle of Separation of Powers. There are incidences under which the same has been violated. The primary culprit in violation is the mighty arm of the Government (Executive). The appointment of critical judicial officer’s mandate under the Executive is a major stumbling block in the implementation of the same. The presidential nominees though the Constitution demands that they operate partially, they always if not occasionally tend to make pronouncements in favour of the appointing authority.
The mandate of the Congress is to enact laws that stipulate how a country should be governed. Nevertheless, the same, legislation is subject to the presidential assent; the President has constitutional powers to either reject, sent the bill back to Congress for amendments. This is a vice that in some extend abrogates the main essence of the principle of Separation of powers.
The American political landscape and the mode of Governance where the majority carries the day has culminated in lobbying for policies that are pro-government of the day. The mere fact that the policies must be approved through the senate leads to lobbying for numbers to approve a policy that is not popular among the masses. The senators do not act in the interest of the citizens but the interest of their political alignment.
Conclusion.
Separation of Powers is the central pillar that dictates the maturity a nation has achieved in terms of Democracy. Though it is one of the most violated principles in terms of Governance, any country that adheres to it, not only guarantees sober leadership but gives its citizens better services that the citizens can believe in and be proud of.