Question

How does the Constitution divide political power? Be sure to address separation of power and checks and balances.

Answer 1

Constitutional government involves a power-sharing between many political body bodies. Preconstitutionalist governments, like the absolute monarchies of Europe in the 18th century, often concentrated all power in the hands of one individual. In modern dictatorships like Hitler's in Germany the same was real. Constitutionalism, on the other hand, by separating authority between, for example, local and central government and between the legislature, executive , and judiciary guarantees the existence of limits and “checks and balances” in the political structure. By resorting to any of several branches of government, citizens are thus able to influence policy.

The division of powers structure splits the State 's duties into three branches: legislative, administrative and judicial. These tasks are assigned to various institutions in such a way that each one of them can inspect the others. Consequently, no institution in a democracy can become as powerful as to destroy this system. Checks and balances (rights of mutual control and influence) ensure that the three powers interact in a balanced and equitable manner. Potential separation is an essential element of the rule of law and is enshrined in the Constitution.

The separation of powers is also reflected in the fact that not one and the same person must exercise certain functions. Consequently, the Federal President can not be a member of the National Council at the same time, or a judge named as a minister or chosen as a member of the National Council must be temporarily removed from his / her judicial duties. As a result, the opposition parties increasingly assume one important democratic task: controlling the government. A new dimension is given to the classical division of powers-the struggle between the ruling majority and the opposition.