Separation of Powers

Today we are going to talk about Separation of Powers. It refers to the division of government responsibilities into distinct branches in order to restrict any one branch from exercising the core functions of another. Due to this doctrine, the concentration of power is prevented, and political and legal balance is provided.[1] Charles-Louis de Secondat, Baron de Montesquieu, a French judge and political philosopher,[2] concluded that the best form of government had its powers separated so that no one could usurp complete power.

In the UK, the three powers of the state have their own perimeters, and each should exercise their powers accordingly.

• The legislative power, represented by the UK Parliament, creates law through the authority of the Queen-in-Parliament, being supported by the House of Commons, (usually by the House of Lords as well).[3] However, under the European Communities Act 1972,[4] the organs of the European Communities have the right to legislate for the United Kingdom, yet a lot of changes are planned for the post-Brexit period.

• The executive consists of government, including the Prime Minister and the Cabinet. Its role is to implement government policies such as legislation, security, to provide social and economic welfare, to administrate public services and to create and maintain international diplomatic relations.

• The judiciary exercises its power through all judges in the courts of law. It applies and interprets the law in concrete cases to resolve disputes. It does no more, or less, under the 1998 Act[5] than carry out its constitutional function of interpreting and applying the law enacted by Parliament.[6]

In the USA,

• According to Article 1 of the United States Constitution, the federal legislative body is the United States Congress which consists of the Senate and the House of Representatives. Congress is responsible for creating laws.

• Executive power is exercised by, or under the authority of, the President. As the head of state and Commander-in-Chief of the armed forces, his responsibilities consist of implementing and enforcing the laws. For each state, the executive power is exercised by the governor.

• Both federal and state courts have judicial power and the supreme authority on the law of a state is the highest court of that state. Courts overrule the decisions of other courts. They can find state laws to conflict with, or be pre-empted by, federal law.

In Romania,

• The legislative body is the Parliament. It is bicameral and includes the Chamber of Deputies and the Senate.[7]

• The Government is the executive body which operates based on the Parliament’s vote of confidence. It establishes the development strategy of the country and reflects both the commonly assumed national and international priorities of Romania.

• The judiciary in Romania is independent of the other branches of Government and is composed of a structure of hierarchically organised courts.

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[1]https://www.ncsl.org/research/about-state-legislatures/separation-of-powers-an-overview.aspx [2] https://en.wikipedia.org/wiki/Montesquieu [3] https://en.wikipedia.org/wiki/Separation_of_powers_in_the_United_Kingdom [4] European Communities Act 1972. [5] Human Rights Act 1998. [6] https://www.judiciary.uk/about-the-judiciary/the-judiciary-the-government-and-the-constitution/jud-acc-ind/judges-and-parliament/ [7] https://eacea.ec.europa.eu/national-policies/eurydice/content/main-executive-and-legislative-bodies-64_en

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