Separation Of Powers

The separation of powers is usually understood as a constitutional doctrine that separates government into autonomous institutions responsible for performing distinct functions. The most common system separates government into legislative, executive, and judicial branches. According to this model, the legislative power creates laws, the executive power enforces laws, and the judicial power interprets laws. Each branch theoretically performs only its own function, and the individuals working within each branch should not concurrently work in another branch. The main justification for separating powers between independent branches is to prevent any individual or group from accumulating excessive power and ruling tyrannically.

The separation of powers is typically implemented in conjunction with a system of checks and balances. These are methods, often included within a constitution, for each branch to counter and restrain the power of the other branches. Common checks include executive veto of legislative bills, legislative impeachment of the executive, and judicial overrule of executive and legislative actions. How these checks contribute to balances between the different branches is debated, because balancing power presupposes the ability to measure it, and each branch has jurisdiction over different types of power. It is nevertheless generally acknowledged that including a system of checks and balances alongside the separation of powers helps prevent one branch from dominating the entire government.

Confusion surrounds the separation-of-powers doctrine because governmental power has devolved into functions and areas. The classic functions are legislative, executive, and adjudicative. These are also frequently referred to as powers. Areas that are separated out include electoral affairs, civil service management, and auditing. These are also referred to as specialized tasks. The institutions responsible for particular areas often exercise multiple functions. The term separation of powers is ambiguous because it can refer to dividing overall power, functions, or areas. It is thus important to be clear about which way the term is being used.

Governments can be separated into branches based on sharing or balancing overall governmental power. This is most nearly achieved in parliamentary systems, which have government branches that are separate but perform multiple functions. For clarity, think of this version as the separation of power, where power is conceived of in the singular. The practice of having branches perform multiple functions is also referred to as the fusion of powers, although technically the fusion of functions might be a more accurate term.

Governments can be separated into branches based on the types of powers or functions they perform. This is most closely achieved in presidential [Page 598]systems that have independent executive, legislative, and judicial branches that more or less exclusively perform their respective functions. For clarity, think of this version as the separation of functions. This is the usual meaning of separation of powers.

Governments can be separated into branches based on the areas of government they are responsible for. This occurs in modified systems that include additional branches alongside the typical three. The added branches sometimes perform multiple functions. For clarity, think of this version as the separation of areas. This is a less common application of the doctrine at the branch level, although it is common for governments to have semiautonomous agencies that perform multiple functions within particular areas.

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