The Branches of Government

Date: 2015-10-07; view: 482.

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Separation of powers is a model for the governance of democratic states. Under this model the state is divided into branches, and each branch of the state has separate and independent powers and areas of responsibility. The normal division of branches is into the Legislative, the Executive, and the Judicial.

A legislature is a representative deliberative assembly with the power to adopt laws. Legislatures are known by many names, the most common are parliament and congress. In parliamentary systems of government, the legislature is formally supreme and appoints the executive. In presidential systems of government, the legislature is equal to, and independent of, the executive. In addition to enacting laws, legislatures usually have exclusive authority to raise taxes and adopt the budget and other money bills.

Although some countries – for example, Israel, Greece, Sweden and China – have unicameral legislatures, most legislatures are bicameral, usually comprising an upper house and a lower house, which may differ in duties, powers, and the methods used for the selection of members. To pass legislation, a majority of legislators must vote for a bill in each house. Normally there are several readings and amendments proposed by the different political factions.

In political science and constitutional law, the executive is the branch of government responsible for the day-to-day management of the state. The executive is identified by the Head of Government. In a presidential system, this person (the President) may also be the Head of State, whereas in a parliamentary system he or she is usually the leader of the largest party in the legislature and is most commonly termed the Prime Minister. The Head of Government is assisted by a number of ministers, who usually have responsibilities for particular areas (e.g. health, education, foreign affairs), and by a large number of government employees or civil servants.

The judiciary or judicial system is the system of courts which administer justice in the name of the state, a mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary is the branch of government primarily responsible for interpreting the law. It has sole power to interpret the law and to apply it to particular disputes.

Most countries have a system of appeals courts, up to a supreme authority. In the U.S., this is the Supreme Court; in Australia, the High Court; in the U.K., the House of Lords. Almost every country allows its highest judicial authority to strike down legislation or actions determined to be unconstitutional.

The Legislative Branch makes laws, the Executive branch executes them as instructed. And the Judiciary ensures compliance with the legislation passed by the Legislative Branch.

Each branch can place specified restraints on the powers of the other branches. To prevent one branch from becoming supreme, and to induce the branches to cooperate, a system of "checks and balances" may be created. Checks and balances refers to the various procedural rules that allow one branch to limit another, such as the authority of the president to veto legislation passed by Congress, or the power of Congress to alter the composition and jurisdiction of the federal courts. This balancing of power is intended to ensure that no one branch grows too powerful and dominates the national government.