Separation of Powers

Theory of Separation of Powers

• Dates back to work of Locke and Montesquieu• Has virtue of preventing injustices that might

result from an unchecked executive or legislature

• Two successful historical cases used to develop the theory in the 19th & 20th centuries– Great Britain – a parliamentary system– United States – a presidential system

Parliamentary & Presidential Democracies

Distinguishing Features Parliamentary Presidential

Title of Chief Executive Prime Minister President

Selection of Assembly By citizens in competitive election

By citizens in competitive election

Selection of Chief Executive By assembly after election or removal

By citizens in competitive election

Removal of chief executive before fixed term?

By assembly; (no) confidence vote

Fixed terms

Dismissal of assembly before fixed term?

PM may call for early election

Fixed terms

Authority to legislate Assembly only Assembly + president (veto)

Party relations in assembly & executive

Same parties control both; cohesive party voting

Different party control possible; less cohesive

party voting

Mixed Systems• Not all democracies meet presidential or

parliamentary criteria• Mixed / semipresidential systems

– Used in France & many new democracies of Eastern Europe

– \and Asia

• President & legislature separately elected• But, president has power to dissolve the legislature• Cabinet may be appointed by the president, but

subject to dismissal by the legislature• Variety of arrangements exist for shared control

Division of Government Authority

• Structural Separation of Authority– Concentrated to dispersed: Authoritarian Parliamentary Mixed

Presidential

• Geographic Division of Power – where the power rests – Confederal – ultimate power rests in the states, with central government

dependent on the states• US under Articles of Confederation

– Federal – central & state governments have separate & shared areas of authority

• US, Germany, Russia, Nigeria, India, Mexico, & Brazil• Only 18 in world (less than

1 in 10 countries)• Tend to be large & politically

important (1/3 of world’s population)

– Unitary – power & authority concentrated in central government• Britain, France, China, Japan, & Iran• Regional & local units have only those powers delegated to them by central government,

which can change or withdraw• Most of world’s states are unitary

Advantages & Disadvantages of Federalism

• The Good– Helps protect ethnic, linguistic, or religious

minorities– Checks overly ambitious rulers– Protects markets & citizens’ freedoms– May allow subunits to experiment with different policy

programs & find best ones

• The Bad– Protects choice & diversity at expense of equality– Allows local governments to pursue different

policies, so citizens may get different treatment & benefits at the local level

– Not as adept to redistribute resources as unitary governments

Limits on Government Power

• Democracies are characterized by some legal or customary limitation on power (unlike authoritarianism)

• Powers defined by written constitutions, statues, and customs = constitutional regime– Civil rights protected against interference– Courts can protect rights of citizens & police other parts of

government– In Judicial Review, high courts rule on challenges that other

parts of the governments exceeded constitutional powers

• Constitutions may concentrate or disperse power– Concentrated power (unitary system) has some advantages

• Effective, efficient government• Rely on majority rule• Tend to treat citizens equally• No small group can hold up a decision favored by a majority

– Dispersed power has advantages, too• More likely to check potential abuses of power• Policies more stable over time

Checking Policymakers• Authoritarian regimes have no way to remove top political

leaders– Can change or ignore constitutions

• Democracies have procedures for checking leaders, which vary by types of systems– Parliamentary systems – chief exec. Can be removed virtually any

time– Presidential systems – Presidents have fixed terms of office,

unlike Prime Ministers, but can be removed through impeachment• Requires serious criminal or other wrongdoing• 3 components: offense presents danger to public good or safety, penalty

is removal from office, & impeachment cases are decided by the legislature but may involve the judiciary

• Only Nixon & Clinton were ever impeached & neither was actually removed

Ultimate Control of Order – Competitive Elections

• Ned to achieve & regularly renew mandates is fundamental

• Creates politicians that respond to demands of citizens

• Voting gives every citizen some influence on policymaking process

• **Most significant democratic structure**

Short Essay• Would you rather live in a federal or unitary

system & why?• Requirements:

– Topic Sentence – directly answer the prompt in 1 sentence

– Supporting Evidence – cite at least 3 reasons• Explain your reasons

– Comparison to the Alternative – what’s so bad about the other system that you don’t like it?

– Concluding Remark – sum up your main points