How is it possible to undermine the separation of power?
Separation of powers is a constitutional law that divides the skills, roles, and functions of the government into three. They are Judiciary, Executive, and Legislature. The three work independently. However, this independence always undermined when one arm interferes with the work of the other. According to Cameron 52, the constant interference by the government and parliament has weekend the courts.It, therefore, influences the court’s ruling and decision making.
What are the Limits of Checks and Balance?
Check, and balances are the principle that empowers and limits the powers of each branch of the government. Although these branches are independent, they act as “watchdogs” to the other. They ensure that each department works according to its constitutional mandate. Therefore, it brings a share of power, preventing supremacy battles. Besides, citizens are free from government abuse (Casper 245).
Example of Separation and Check and Balance
The US Constitution empowers the Legislature to vet Presidential nominations to various government positions. It has the authority to either approve or disapprove them. For instance, the law requires the senate to vet 1200 presidential nominees. Besides, the Legislature also has the mandate to control the budget. It, therefore, drafts and pass laws on the country’s budget. In this case, it helps prevent the mismanagement of funds by the government (Batchelder32). Furthermore, the Legislature has the power to remove a seating President from power in the case of incompetence.
Limitation of Legislative Branch
Although they make laws, the final decisions of making them into laws lie solely on the president. The president may fail to pass them if they disagree with them. Therefore, they may give their ideas on a proposed bill for them to pass it or even reject it. Although it is viewed as democracy, this influence from the executive branch seen as interference to the Legislature.
Limitations of Executive Branch
The Presidential office is the most powerful seat in the land, but it’s not all-powerful has the president doesn’t have all the powers they may need. For instance, the constitution states for the president to call for war or even sign a treaty; they must appear before Congress. The process involves getting approval from the senate. It denies the President significant powers (Reinstein 67)
Limitations of Judiciary Branch
The Judiciary has few restrictions put on them. For instance, The President is the one who chooses the Supreme Court they want. Therefore, this may influence the decisions made by the Judiciary.
Furthermore, Congress is given the mandate to establish other small courts in the land. They can hire as many justices as they want and also have the power to remove them from office. In this case, constant instability in the Judiciary will often affect their ruling and decision making. Finally, the supreme court cannot expand its authority than what is constituted, making it less effective.
Works Cited
Cameron, Maxwell. Strong constitutions: social-cognitive origins of the separation of powers. OUP USA, 2013.
Casper, Gerhard. “An Essay in Separation of Powers: Some Early Versions and Practices.” Wm. & Mary L. Rev. 30 (1988): 211.
Batchelder, Lily L. “Opportunities and Risks in Individual Tax Reform: Testimony Before the US Senate Committee on Finance.” (2017).
Reinstein, Robert J. “The Limits of Congressional Power.” Temp. L. Rev. 89 (2016): 1.