Home > Checks and balances

In politics, the principle of checks and balances underlies many democratic governments. The term was coined by Montesquieu during the Enlightenment. The principle is an outgrowth of the classical idea of separation of powers. The first national system of checks and balances was outlined by the United States Constitution in 1789.

One method of implementing a check and balance system involves the interplay between different "branches" of government. Taken as a whole, such a government might be said to have an effective system of checks and balances if no one branch of government holds total power and each branch can be overridden by another.

The system of checks and balances has two components. The right to check and the means to actively balance out imbalances. Checking requires access to information and the right to question. Balancing requires a mechanism of control to prevent the branches from overstepping their constitutional limits of power. Difficulties arise in states where the branches can block each other to the extent of bringing the whole government to a standstill.

1 Three branch government

In most states with a three-branch government, the process of checks and balances works in a manner similar to this:

• The executive branch executes the laws and policies of the country. It constructs buildings, gives orders to the police and military, collects taxes, and basically sees that the laws of the land are enforced. In many countries the executive, either a prime minister or a president, can also appoint judges and cabinet members, and can pardon citizens. While against the principles of strict separation, in some countries the executive might also approve the bills of the legislature into law, and in some nations also retains the right of veto or suspension.

• The legislative branch writes the laws of the country ( legislation). In democracies, the legislative branch is the branch that is msot commonly voted into power directly. Often it also has the authority to impeachImpeachment is the process by which a legislative body formally levels charges against a high official of government. Impeachment does not necessarily mean removal from office; it comprises only a formal statement of charges, akin to an indictment in crim or remove from office members of the executive or judicial branch from office or force elections. It also confirms or denies executive and judicial appointees and can override vetos. In many countries, members of the executive (including the cabinet) are also selected directly from the legislature.

• The judical branchThe judiciary also referred to as the judicature consists of justices, judges and magistrates among other types of adjudicators. Under the doctrine of the separation of powers, it is one of the three branches of government. The primary function of the jud checks if the laws passed by the legislative branch are actually being obeyed properly, which hopefully leads to justiceJustice is a concept involving the fair and moral treatment of all persons, especially in law. It is often seen as the continued effort to do what is "right. In most of all cases "right" is determined by either the majority or logic. If a person lives und. In many jurisdictions, the judiciary can also throw out laws it deems unconstitutionalWhen something is unconstitutional it is illegal by being a direct violation of a nation's constitution. A constitutional violation is thus somewhat different than the breaking of a normal law, both in terms of seriousness and punishment. Laws can be decl (in some countries, this is reserved for the highest courts only). The judiciary can declare acts of the executive unconstitutional or illegal. In some countries, the judiciary is consulted before a law is passed, to prevent laws from being thrown out in the first place. Members of the judiciary are often (in principle) appointed for fixed periods or even for life, to prevent bias.

In this way the different powers of government are isolated from each other so that no branch has total power over all the functions of government. An attack on or abuse of power by individuals of a single branch will not lead to tyranny or the fall of the entire government.