Posted by Chester Morton / Sunday, 18 December 2016 / No comments
How Separation of Powers operates in a Presidential system of government
The president or the executive
In a presidential system of government, the president is
directly elected by the people in a general election. The constitution does not
allow the president to appoint his ministers from parliament but rather from
outside. All executive powers are vested
in the president and he performs both the ceremonial duties and the
governmental functions.
The legislature
The legislature is also elected directly by the people or in
places where the second chamber operates, by use of other means. The members
cannot ever become members of the executive. The constitution does not allow
that. The legislature is responsible for the making of laws for the state.
The judiciary
The members of the judiciary are appointed by the president
but this is based on the recommendations of the Judicial Service Council of the
state. The main function of the judiciary is to interpret the laws of the land
and to settle disputes that arise between one person and the other or between
the state and an individual.
LIMITATIONS OF HOW
SEPARATION OF POWERS OPERATES IN A PRESIDENTIAL SYSTEM OF GOVERNMENT
Application of theory is only in personnel
The closest to the application of the theory of Separation of
Powers is the presidential system of government but even then, it is only
applicable in terms of separation of personnel. The members of the Executive
are distinct from the members of the legislature and the judiciary. In terms of
independence and functions, the separation is not absolute.
Inbuilt checks and balances
In practice, the organs of government serve as checks on each
other. The executive appoints ministers but the ministers must be vetted and
approved by the legislature before the executive can appoint them. The
legislature makes laws but the bills must first be accented to by the executive
before it can become law. Where the legislature and the executive violate the
constitution, the judiciary can declare their actions null and void. Such
checks serve as a limitation to the full implementation of the concept of
separation of powers.
May run governance to a halt
If the operation of the concept is cast in an iron, it may
run the government to a halt. This is because the various arms of government
will operate completely oblivious of the existence of the other. Meanwhile most
constitutions are designed a way that would make the arms of government operate
in tandem with each other.
Independence is unreal
The concept denotes that the three arms of government must be
independent of each other, but in practice, they are not really independent.
The executive needs the legislature to get its budget proposal passed. The
legislature needs the executive to get its allowances and emoluments through.
The judiciary needs the executive to get it appointed. The executive and the
legislature need the judiciary to be able to keep with the dictates of the
constitution. In the real sense of the word therefore the organs of government
are not completely independent of each other.
SAMPLE QUESTIONS
1. a. How does the concept of separation of powers operate in
a presidential system of government? [3 marks]
b. Highlight four
ways in which the operation of separation of powers can be hampered in a
presidential system of government. [12 marks]
