Theory question 102
Separation of Powers and Checks and Balances(a) What is separation of powers?
(b) How does it operate under the:
(i) Presidential System of government?
(ii) Cabinet System of government?
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(a) Separation of powers is the division of government functions among three organs (legislature, executive, judiciary), each with its own personnel and powers, so that no organ controls all power (Montesquieu).
(b)(i) Presidential: strict separation. President and ministers are not members of the legislature; the president is separately elected; each arm has its own powers; checks such as veto, impeachment, confirmation of appointments, judicial review.
(ii) Cabinet: fusion rather than separation of executive and legislature. Ministers are members of parliament; the Prime Minister leads the majority party in parliament; parliament can remove the government by a vote of no confidence and the PM can dissolve parliament; only the judiciary is clearly separate.
Point out that the cabinet system has fusion of powers; only the judiciary stands apart.