Separation of powers refers to an organizational structure that delegates certain powers to certain people or groups. This structure is a fundamental part of the U.S. government, which has three branches. Each one has its own powers and responsibilities and is independent of the others. Answer the question "What is separation of powers?" and review several separation of powers examples.
The United States (U.S.) government is a tripartite system of government, which means that it has three parts (referred to as branches). The three branches of the U.S. government are the executive, legislative and judicial branches.
The legislative branch of the U.S. government consists of the U.S. House of Representatives and the U.S. Senate. In combination, the House and the Senate comprise the country's Congress. This branch of government is tasked with legislating, which is the process of making laws.
The country's executive branch of government is tasked with carrying out the laws passed in Congress. It includes the president, vice-president, Cabinet members, and certain federal regulatory agencies.
Cabinet members, such as the White House Chief of Staff, Secretary of State and Secretary of Treasury (among others), are nominated by the president. Regulatory agencies include groups like the Equal Employment Opportunity Commission, the Department of Labor (DOL) and the Environmental Protection Agency, to name just a few.
The judicial branch is tasked with evaluating laws. It includes the Supreme Court and other courts that are presided over by federal judges. These courts make up the federal judiciary. While the Supreme Court (often referred to as SCOTUS) cannot make laws, it does have the power to overturn laws found to be unconstitutional.
SCOTUS members are nominated by the president and must be confirmed by the Senate. This is also how federal judges are appointed.
AdvertisementEven though the three branches of the U.S. government are separate, there are checks and balances in the system.
The U.S. governmental system is not the only approach to a tripartite system. Most have executive, legislative and judicial branches, though they are sometimes called by different names and are not always organized the same.
Australia also has federal, legislative and judicial branches of government. The governor-general (who represents the queen) leads the executive branch. The legislative branch is called the Ministry, which includes the House of Representatives and Senate. The executive and legislative branches combine to form Parliament. Parliament creates the High Court and other courts, which represent the judicial branch.
AdvertisementAustria's government consists of Parliament, the federal government and the administration of justice. Parliament is made of two chambers: the National Assembly and the Federal Council. The National Assembly handles federal laws, while the Federal Council focuses on the country's provinces. The federal government is led by a chancellor, vice-chancellor, and state secretaries and federal ministers. In Austria, all court decisions are made at the federal level. The Supreme Court is the country's highest judicial body.
In the Czech Republic, the executive branch includes a president and prime minister, along with Cabinet members. The president serves as the head of state while the prime minister serves as the head of government. The legislative branch is Parliament, which is made up of the country's Chamber of Deputies and Senate. The judiciary includes the Supreme Court, the Supreme Administrative Court and the Constitutional Court.
AdvertisementThe president, prime minister (sometimes referred to as the premier) and the cabinet make up the executive branch of France's government. The Senate and National Assembly make up the legislative branch. France's judiciary branch is based on the Napoleonic Code. It includes a judicial branch and an administrative branch. The judicial branch deals with matters of criminal or civil law while the administrative branch deals with appeals related to executive decisions.
In India, the country's president leads the executive branch of government along with cabinet members and other officials. The prime minister is India's head of state. The legislative branch is the country's parliament, which is made up of the lower house (Lok Sabha) and the upper house (Rajya Sabha). The president is also considered part of parliament. The judicial branch consists of a tiered system of courts. The Supreme Court is the highest court.
