Theory question 104
Separation of Powers and Checks and Balances(a) Describe separation of powers.
(b) How does separation of powers operate under the presidential system of government?
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(a) Separation of powers is the principle (Montesquieu) that the three functions of government — making, executing and interpreting laws — should be carried out by separate organs (legislature, executive, judiciary) with separate personnel, so no single body becomes tyrannical.
(b) The legislature makes laws, the executive carries them out and the judiciary interprets them; the president and ministers are not members of the legislature (a legislator must resign to become a minister); the president is separately elected for a fixed term and cannot dissolve the legislature; judges are appointed with security of tenure and are independent; each organ checks the others (presidential veto, legislative override, approval of appointments and budget, impeachment, judicial review).
Use examples from the US or Nigerian presidential constitution.