Constitutional lawLesson 1 of 1 in the course Separation of powers

Separation of Powers: Functions, Checks, and Constitutional Models

5 flashcards · 5 quiz questions · 5 match pairs · 5 fill-in sentences · English

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Summary

Separation of powers is a way of organizing government so that important state functions are distributed among distinct institutions. This lesson introduces the principle and explains how it relates to checks and balances.

The separation of powers principle asks that these functions be conceptually distinct and assigned to institutions with clearly articulated roles. In a typical model, legislatures make laws, executives administer them, and courts decide legal disputes.

All flashcards

What is separation of powers?
A principle that distributes government functions among distinct institutions to limit the concentration of authority.
What are the three usual state functions?
Legislation makes binding rules, execution carries out law and policy, and adjudication applies and interprets law in cases.
What are checks and balances?
Constitutional mechanisms that let government institutions influence or restrain one another while retaining some independence.
What is meant by strict separation?
A rigid arrangement in which no branch exercises another branch's powers and no person belongs to more than one branch.
How do presidential and parliamentary systems commonly differ in this area?
Presidential systems usually separate executive and legislative branches more distinctly; parliamentary systems commonly fuse them to some degree.

Quiz questions

  1. According to John Locke, which limit applied to the legislature's lawmaking authority?Answer: It could not transfer its lawmaking authority to another body.
  2. What danger did Montesquieu associate with combining judicial and legislative power?Answer: It could permit arbitrary control.
  3. What is a central function of a constitutional court?Answer: Reviewing whether government acts conform to constitutional rules.
  4. Which arrangement characterizes a semi-presidential republic?Answer: A president alongside a cabinet responsible to the legislature.
  5. What does gridlock mean in a system with checks and balances?Answer: Institutions disagree and cannot reach a workable compromise.

Based on the Wikipedia article Separation of powers, licensed CC BY-SA 4.0. Adapted into a summary, flashcards and quizzes.

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