Separation of Powers

Definition

Separation of powers is a fundamental principle of government that divides the functions of the state into distinct branches, each with separate duties and areas of responsibility. This principle aims to prevent the concentration of power in a single authority and promote a system of checks and balances between the different branches of government.

5 Must Know Facts For Your Next Test

1. Separation of powers is a core principle of democratic governance, ensuring that no single branch of government has unchecked authority.
2. The three main branches of government are the legislative, executive, and judicial branches, each with distinct responsibilities and powers.
3. The principle of separation of powers is often associated with the political philosophy of John Locke and the system of government outlined in the U.S. Constitution.
4. Separation of powers helps to prevent the abuse of power and promotes a system of checks and balances, where each branch can limit the actions of the others.
5. The decline of legislative influence, as observed in some contemporary government regimes, can be seen as a challenge to the principle of separation of powers.

Review Questions

• Explain how the principle of separation of powers relates to the definition of politics as 'who gets what, when, where, how, and why'.
  • The separation of powers is a fundamental aspect of defining politics, as it determines how different branches of government interact to allocate resources, make decisions, and exercise authority. By dividing power across the legislative, executive, and judicial branches, the separation of powers ensures that no single entity can unilaterally decide 'who gets what, when, where, how, and why.' This system of checks and balances helps to prevent the concentration of power and promotes a more equitable distribution of political outcomes.
• Analyze how the separation of powers relates to the concept of the social contract and contemporary democratic liberalism.
  • The separation of powers is closely tied to the idea of the social contract, where citizens agree to be governed in exchange for the protection of their rights and liberties. Contemporary democratic liberalism emphasizes the importance of limited government and the protection of individual freedoms. The separation of powers supports these principles by preventing any one branch of government from becoming too powerful and infringing on the rights of citizens. It also enables each branch to serve as a check on the others, ensuring that the government operates within the bounds of the social contract and upholds the tenets of democratic liberalism.
• Evaluate how the separation of powers affects the judiciary's role in protecting individual liberties and civil rights, as outlined in the U.S. Constitution.
  • The separation of powers grants the judiciary the authority to serve as a check on the legislative and executive branches, ensuring that they do not infringe on individual liberties and civil rights protected by the Constitution. Through the power of judicial review, the courts can strike down laws or executive actions that violate these fundamental rights. This checks the potential abuse of power by the other branches and reinforces the principle of constitutionalism. The separation of powers thus empowers the judiciary to play a crucial role in safeguarding the civil rights and individual freedoms of citizens, even in the face of majority rule or executive overreach.

Related terms

Checks and Balances:

A system where each branch of government has the ability to limit and influence the other branches, preventing any one branch from becoming too powerful.

Federalism:

A system of government where power is divided between a central authority and constituent political units, such as states or provinces.

Constitutionalism:

The idea that government power should be limited by a constitution, which defines the structure and powers of the state and protects individual rights.