Separation of powers under the United States Constitution | Political Studys

Separation of Powers:

The principle of legislation on the legislation refers to the law department in relation to legislation, the governing body in governing governance and giving full judicial justice to the judiciary.

French philosopher Soda English philosopher Lock Harrington in Riemann philosopher Polysemous Sis-era In the writings of such thinkers, the principle of the ruling principle of extremism has been exposed.

But the French philosopher Montenegro And in the hands of English thinker Blackstone, the ultimate development of the policy is achieved.

Montesquieu Accordingly, if any person or person has the power of law and governance in the hands of the parliament, then the person or person can make appropriate use of it by creating autocratic law.

As a result, freedom of indiscriminately wasted. For this reason, the principle of empowerment of the people is essential for the preservation of independence.

In the opinion of Blackton, it is very necessary to maintain the integrity of government departments in the interest of preserving the life, property and independence of the people.

The main object of the ruling policy is to:

  1. Three categories of government departments are completely independent of each other
  2. One department will not work in any other department;
  3. The same person will not be associated with multiple departments and
  4. One section will not control any other category.

The emergence of the legislative policy in the United States

The capacities of the United States Constitution In the constitution, it has been clearly recognized as the fundamental principle of the United States government.

But under the influence of any kind of sentiment, the constitution did not adopt the principle of authoritarianism. The historic situation of the time attracted them to that principle.

Eminent leaders of the colonial regime experienced the bitter experience that all the powers of the government The dictatorship is bound to be born in the hands of the same person or organization. The colonial government was authoritarian. This is the experience. They inspired them in the autonomy of power.

In addition, the public opinion makers of John Locke and Montescu were deeply influenced by the ideas of separatist ideology and power division. Because when the United States government was formed in 1787, the effect of Locke and Montanque’s theory was the greatest.

The Normal Rights’ propaganda promulgated the principle of authoritarianism and turned it into the core of independence Montessori political independence.

To make sure the three types of official power of law, political, judicial and judicial, must be different. Must be assigned separately or in person.

But if multiple types of power are concentrated in the hands of the same person or department then that person or division will be arbitrary. Montesuk’s argument was especially inspired by the liberal American colonialists.

So it was just right that when the United States government was formed, it would be based on the basis of the independent authority of the law department, the governing body and the judiciary. Otherwise, human rights, individual freedom will be hampered.

So the constitution makers found the effective solutions to the protection of liberty and freedom of dictatorship between   Locke and Montescu’s theory. And for the purpose of abusing this power, the protection of a particular medium is that of the ruling principle.

Prior to the United States government:

The principle of empowerment of power in the United States is taken seriously. The US Constitutional Magistrates take careful action against the three departments of the government to perform their respective divisional responsibilities without interference.

In the US Constitution, they implement the principle of empowerment in a well-planned and detailed manner. So, in the current world, this principle seems to have been mostly used in the United States.

In that constitution, the government power was classified as legal, governing and judicial in three parts following Montesquieu. Without analyzing or describing the nature of these three types of power, the first three paragraphs of the Constitution give them to three separate divisions.

  1. According to Article 1 of the US Constitution, All legislative power of the central government is in the hands of the Congress. Vested.
  2. The article is indicated in paragraph 2. All the powers of the governing department will be entrusted to the President.
  3. Article 3 of the US Constitution provides that

Judicial powers established by the Supreme Court and Congress, other subordinates. The court will remain vested.

In this way, the power of law, governance and judicial power has been entrusted separately in the hands of three departments and arrangements have been made to keep one division completely free from the control and authority of the other department.

The legislation has to be given to the tanners of the Congress. Congress is formed by the Senate and the representative. The session of both the congressional chambers. This period is scheduled and operated according to specific rules.

The US President is not a member of Congress and he has no power to break any congress of Congress. The US Congress takes initiative in all the bill and makes laws.

The President can recommend a bill, but can not force Congress to legislate. Again, the Makan Supreme court is not connected to the activities of the Congress.

Likewise, the president is the president of the United States Department of All Power. Secretaries are appointed to help the President in administrative matters.

The President himself will appoint them. They are the personal adviser and staff of the President. The President can oust them. They are not members of the Congress.

They have no responsibility for the Congress. The President or his secretaries can not influence the Congress or be controlled by the Congress. The Supreme Court and the Subordinate Courts, in all likelihood, undertake all judicial functions in the United States.

The Congress or the President has no authority over the good court. The Supreme Court performs the judicial functions freely. The President or the Congress does not have any influence or control over the judiciary.

Thus, the writers of the United States Constitution did not feel secure about entrusting the power of law, governance and justice to three departments, a section that could become more powerful than other divisions and could become dictatorial.

They defined the power of each division and established a limited government policy. So, the US regime can be referred to as an appropriate example of the powerlifting policy. Professor Hoyer

Assessment of the capitulation policy in the United States:

Although the principle of power-lifting is considered to be the fundamental principle of the United States Constitution, in reality,y this policy has not been implemented. Because the departments of the US government are formally separated from their own capabilities, but they exercise considerable influence on each other. The reason.

  1. While all the powers of legislation are entrusted to the US Congress, the President can send conclusions related to the legislation to congress. The bill passed by the Congress without the signature of the President, again, passed by the bill. Is not turned. Thus, the President of the ruling party, the president, has violated the power of law.
  2. Again, the power of governance is always in the hands of the President, but for governance. Congress has the power to hold all the necessary expenses. Presidential power of congressional international peace or agreement, congressional congressional Senate (Senate) convincing Without the Senate’s convincing, the President is important. Can not appoint anyone in government posts.
  3. The US Supreme Court can repeal the law made by Congress through legislation and judicial review or review and can cancel the President’s directives. That is why many people say that the Supreme Court is in decline

The uncollected Supreme Legislature That means the judiciary also has the power to make laws. Holds the control. Congress again formed the lowest court and judged the Senate Impeachment.

Foreign Government and Politics:

The independence of the judiciary in the United States is properly recognized and implemented. In this case, the real benefits of the ruling coalition policy are widely seen.

But according to the reviewers, the US Justice Department, or the Supreme Court, is entrusted with the responsibility of protecting the individual’s independence, but despite the Supreme Court ruling, the Supreme Court could not save the independence of the general public due to the overall trial.

So, in reality, the United States did not have the full capability of the legislative policy. In fact, the experts of the US Constitution were equally aware of the fact that the complete apocalyptic principle of reality is in reality.

That is why they bring some embarrassment and flexibility in the realization of the legislation through the control and balance of the constitution.

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