SUPPLEMENTARY READING

Ex.1. Study the information on the essence of the division of power. Note the differences existing across the globe in implementing the principle. Agree or disagree with the statements below.

ON THE DIVISION OF POWER

The division of power is viewed as a model for government in democratic states. The model was first developed in ancient Greece and came into widespread use by the Roman Republic. Under this model, the state is divided into branches, each with separate and independent powers and areas of responsibility so that no one branch has more power than the two others. The normal division of branches is into an executive, a legislature, and a judiciary. The term is usually attributed to the French political philosopher Montesquieu. He described division of political power among an executive, a legislature, and a judiciary. He based this model on the British constitutional system.

There exists a great variety of political systems with a different degree of power division. Constitutions with a high degree of separation of powers are found worldwide. For example, the UK system is distinguished by a particular interconnection of powers. In Italy the powers are separated completely. A number of Latin American countries have electoral branches of government. Countries with little separation of power include New Zealand and Canada. Canada makes limited use of separation of powers in practice, although in theory it distinguishes between branches of government. Complete separation-of-powers systems are almost always presidential. There are a few historical exceptions, however. Switzerland offers an example of non-Presidential separation of powers today: it is run by a seven-member executive branch, the Federal Council. However, some might argue that Switzerland does not have a strong separation of powers system, as the Federal Council is appointed by parliament.

Although the doctrine of separation of power plays a role in the United Kingdom’s constitutional doctrine, the UK political system is often described as having “a weak separation of powers”. For example, in the United Kingdom, the executive forms a subset of the legislature, as did — to a lesser extent — the judiciary until the establishment of the Supreme Court of the United Kingdom. The Prime Minister, the Chief Executive, sits as a member of the Parliament of the United Kingdom, either as a peer in the House of Lords or as an elected member of the House of Commons (by convention, and as a result of the supremacy of the Lower House, the Prime Minister now sits in the House of Commons) and can effectively be removed from office by a simple majority vote. Furthermore, while the courts in the United Kingdom are undoubtedly amongst the most independent in the world, the Law Lords, who are the final arbiters of judicial disputes in the UK, until recently sat simultaneously in the House of Lords, the upper house of the legislature. However, this arrangement ceased in 2009 when the Supreme Court of the United Kingdom came into existence. Furthermore, because of the existence of Parliamentary sovereignty, while the theory of separation of powers may be studied there, a system such as that of the UK is more accurately described as a “fusion of powers”.

In the United States, the Constitution gives Congress only “legislative powers herein granted” and also lists actions that are prohibited for Congress. The Constitution places no limits on the Executive branch, simply stating that, “The Executive Power shall be vested in a President of the United States of America”. The Supreme Court holds the judicial power. The federal government refers to the branches as “branches of government”, while some systems use “government” to describe the executive. The Executive branch has attempted to claim power arguing for separation of powers to include being the Commander in Chief of a standing army, emergency powers and security classifications, national security, and some others.

To prevent one branch of power from becoming supreme, a way to balance each of the branches is needed. Typically this was accomplished through a system of “checks and balances”. The origin of the concept is specifically credited to Montesquieu. Checks and balances allow for regulations that allow one branch to limit another. In present-day society the system of checks and balances is viewed as the main instrument of maintaining democratic order.

Agree/disagree with the following statements.

1. The division of power was first practiced in ancient times.

2. The term itself was created by an English political philosopher.

3. In modern Europe, the division of power model is the same everywhere.

4. The British political system makes less use of the division of powers.

5. In the USA, the division of powers is guaranteed by the Constitution.

6. The system of checks and balances is used to maintain democracy.

[1] сдержки и противовесы, принцип взаимозависимости и взаимоограничения трех ветвей государственной власти

Date: 2015-01-11; view: 983