tirsdag 3. mars 2009

The separation of powers

The French philosopher Charles de Secondat Montesquieu and his declaration "De l’esprit des loix" from 1748, is widely acknowledged as the philosophical and idealistic foundation of the principle of the separation of powers.
Montesquieu disliked the fact that the legislative power often acted as the executive one as well, and he worked hard to prevent this; for one thing he wrote an assertion stating: “When the legislative power is united with the executive authority in one and the same person (or in the same higher organ of a state), no freedom can be found because there will be tyrannical leaders who create laws only to execute them in a tyrannical way”.
His views and visions were a reaction to France’s more noble community’s massive waste of money and state resources. Montesquieu himself was exceedingly critical to the way that the king and his associates – richer persons like businessmen and the aristocracy– had governed the French state. His declaration and public disparagement of the state were both the forerunner and the actual triggering factor to the French revolution.
He introduced the world to a new way of dividing powers in a state, and I intend to discuss both the advantages and disadvantages (if there are any), of the principle of separation of powers.

WHAT THE PRINCIPLE INVOLVES
Here’s the deal: there are three branches: the executive, the legislative and the judicial. The executive branch is the governor. The executive’s job is to carry out the laws and make sure they are obeyed. Branch two: the legislative. Think legislature! Their job is simply explained: they are making laws. Thirdly, the judicial branch, made up of courts and judges. Their job is to make sure that the laws are fair.
So, what it is that makes this system special and has done it ever since 1789, is the fact that the US government actually works because these branches balance each other out. If one division goes too far, the others can simply pull it back. Let me exemplify it this way: each branch is responsible and conscientious for the things the other branches are not. Not only responsible, but so in charge that none of the other branches can do the other thing. For example; the executive branch can not make a law, the legislative branch can not decide whether a law is reasonable for everybody or not, and the judicial branch can not carry out a law.
There are some real benefits for you and me with this sort of deal. Think about it: if every branch could do the job of every other branch, then one could possibly take over. In other words, in a scenario like that, you would only need one branch, which means no more democracy. And no democracy is no good.
So, the next time somebody says that one branch or another should step in and set another branch aright, like telling the court how to do justice, think about what’s at stake; the answer to that is basically everything.


ARE THERE ANY DISADVANTAGES AT ALL?

I have discussed the principle of separation of powers with lots of different people lately, and when it comes to whether there are any disadvantages connected to this system or not, the opinions seem to differ. There are no known disadvantages of this system, but after several discussions I have decided to mention two aspects that may appear and be looked upon as if they were disadvantages.

1. Costly
Running and administrating the three branches of the state is often considered to be far more expensive and resource-demanding than maintaining one single government like in a unitary state.

2.Time-consuming
The branches are independent of one another, but sometimes new laws, requests and initiatives have to be negotiated through lengthy consultations between the three branches. Bureaucracy equals to slow processes.


CONCLUSION

The principle of separation of powers, which is the foundation of both the Norwegian and American state and constitution, is doubtlessly a system with more advantages than disadvantages. The system confines corruption and prevents any abuse of authority. The principle ensures that the execution of power is dispersed on three independent authorities.
One of the most popular benefits with this system is the fact that some of the power belongs to the people itself. They elect senators for the senate, and representatives for The House Of Representatives.

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