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The separation of powers The separation of powers, often imprecisely used interchangeably with the trials principle, is a model for the governance of
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The separation of powers
The separation of powers, often imprecisely used interchangeably with the trials principle, is a model for the governance of a state (or who controls the state).
The separation of powers system is designed to distribute authority among several branches — an attempt to preserve individual liberty in response to tyrannical leadership throughout history. The executive officer is not supposed to make laws (the role of the legislature) or interpret them (the role of the judiciary). The role of the executive is to enforce the law as written by the legislature and interpreted by the judicial system.
The model was first developed in ancient Greece. Under this model, the state is divided into branches, each with separate and independent powers and areas of responsibility so that the powers of one branch are not in conflict with the powers associated with the other branches.
The term tripartite system is ascribed to French Enlightenment political philoso-pher Baron de Montesquieu. In The Spirit of the Laws (1748), Montesquieu described the separation of political power among a legislature, an executive, and a judiciary. Montesquieu's approach was to present and defend a form of government which was not excessively centralized in all its powers to a single monarch or similar ruler. He based this "model on the Constitution of the Roman Republic and the British constitutional system. Montesquieu took the view that the Roman Republic had powers separated so that no one could usurp complete power.
In the British constitutional system, Montesquieu discerned a separation of pow-ers among the monarch, Parliament, and the courts of law. Montesquieu did actually specify that "the independence of the judiciary has to be real, and not apparent merely". "The judiciary was generally seen as the most important of powers, independent and unchecked', and also was considered dangerous.
The division of power into separate branches of government is central to the idea of the separation of powers. The typical division of branches is into a legislature, an executive, and a judiciary.
The executive is the part of the government that has sole authority and responsi-bility for the daily administration of the state. The executive branch executes, or enforces the law.
A legislature is a state's internal decision-making organization, usually associated with national government, that has the power to enact, amend, and repeal public policy. Legislatures observe and steer governing actions and usually have exclusive authority to amend the budget or budgets involved in the process. The most common names for national legislatures are "parliament" and "congress", although these terms have more specific meanings.
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