Separation of powers refers to dividing government responsibilities into various branches that is aimed at limiting any one government branch from exercising each other`s core functions (Beermann, 467). This is aimed at preventing the concentration of power and providing checks and balances. The most critical principle that makes the Constitution is the separation of powers. In order to prevent the concentration of power, the constitution creates a system of checks and balances and divides the central government into three branches. Each of the government branches, executive, legislative and judicial checks the other branches` powers of the government in order to ensure that the government`s principle powers are not concentrated within a single branch. The system of checks and balances and the separation of powers play an important role and contribute to stable political environment within the country.
It is agreeable that those entrusted with powers are highly likely to abuse them, in consequence if the power of the government is fragmented, thus each power has the ability to check on the others. This is a normal operation form in which the legislative branch is entrusted with enacting laws, the executive is tasked with executing the laws and the judiciary is required to resolve disputes in accordance with the law of the land. The independence of the three branches is important though a system is provided upon which some powers can be shared between the branches (Beermann, 471). For instance, the Congress can pass laws, but the president has the powers to veto them; the president may nominate certain public officials, but they must be approved by the congress; and the executive actions as well as the laws passed by the Congress are subject to judicial review. Therefore separation of powers is counterbalanced by checks and balances.
Checks and balances are considered important in ensuring the constitution`s security of liberty is maintained. It is believed that balancing powers of the three government branches will help in checking and restraining human nature efforts towards tyranny (Waldron, 433). Checks and balances makes it possible for each of the government branches to limit each other`s powers. Consequently, no one branch is overly powerful over the other. Each branch checks powers of other branches and ensures that there is balance of power among them.
Legislation of the constitution led to the creation of a federal system by separating power between the state and national levels of government. The constitution grants the federal government certain powers and the states are given certain powers with certain other powers getting shared. A strong central government was created so as to overcome a variety of domestic crisis and maintain stable political conditions (Waldron, 433). Thus the central government received certain powers while the state government powers` were limited. The constitution has remained relevant as a result of its framers successfully separating and balancing governmental powers in order to safeguard majority rule and minority rights interests, liberty and equality, and central and state governments. For several years the constitution has granted the basis for development and has guaranteed the stability of the country (Bulman-Pozen, 15). Nevertheless, all the checks and balances are inefficient by design through their forcing of the government branches to be accountable to each other and no one branch has the ability to usurp sufficient power to remain dominant.
In conclusion, separation of powers facilitates the creation of several government branches that share power among them. Equally, the powers of one branch can be challenged by another branch and this is the basis upon which the checks and balances system is based.
Beermann, Jack M. "An Inductive Understanding of Separation of Powers."Administrative Law
Review (2011): 467-514.
Bulman-Pozen, Jessica. "Federalism as a Safeguard of the Separation of Powers." Columbia Law
Review 112.3 (2012).
Waldron, Jeremy. "Separation of Powers in Thought and Practice." BCL Rev.54 (2013): 433.