1. What is the separation of powers?
Answer: A constitutional principle which divides government authority among three branches: legislative, executive, and judicial, for the purpose of preventing the concentration of power and ensuring checks and balances.
2. Why is separation of powers important?
Answer: It prevents one branch from gaining too much power, protects the rights of the individual, and promotes accountability and the rule of law.
3. What are the three branches of government?
Answer:
Legislative: Enacts laws (e.g., Congress or Parliament).
Executive: Enforces laws (e.g., President, Prime Minister, or administrative agencies).
Judicial: Interprets laws and settles disputes (e.g., courts and judges).
4. What is the role of the legislative branch?
Answer: The legislative branch writes, discusses, and adopts laws, ratifies budgets, and checks the executive branch.
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- https://quantumlawsolutions.com/10-frequently-asked-questions-about-constitutional-rights/
- https://quantumlawsolutions.com/8-questions-to-understand-constitutional-law-basics/
- https://quantumlawsolutions.com/20-key-questions-and-answers-about-amendments-and-their-impact/
5. What is the role of the executive branch?
Answer: The executive branch executes and enforces laws, supervises government agencies, and executes foreign policy.
6. How does the judicial branch uphold separation of powers?
Answer: Courts ensure laws comply with the constitution, resolve disputes between branches, and review executive or legislative actions for legality.
7. What are checks and balances?
Answer: A system where each branch has powers to limit the others, ensuring no branch dominates. For example, the legislature can override a presidential veto, and courts can strike down unconstitutional laws.
8. Can the branches of government overlap?
Answer: Even though powers are distinct, there is some overlap to maintain balance. For instance, the executive can veto legislation, and courts can rule on executive actions.
9. How does the separation of powers vary across countries?
Answer: It is less clear-cut in parliamentary systems, such as the UK, where roles of the legislature and executive overlap. In the presidential system, like in the U.S., the branches are more independent of each other.
10. What happens when a branch exceeds its authority?
Answer: The overreach can be challenged through judicial review, impeachment, or legislative oversight by another branch.
11. How does the separation of powers protect individual rights?
Answer: By dividing authority, it reduces the risk of abuse of power, ensures fair enforcement of laws, and protects freedoms such as speech and privacy.
12. What is the importance of judicial review in the separation of powers?
Answer: Judicial review allows courts to invalidate laws or actions by the legislature or executive that violate constitutional principles, thus maintaining the balance of power.