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Essay / Understanding Government Work
How can we know if our government is working as consistently and productively as possible? Has the trias politica manifested itself more in other countries and how have they incorporated it into a system of checks and balances? What happens when we discover a major gap in our organized system and how do we fix it? We will explore these topics by comparing our own separation of powers with that of our predecessor, modern Britain. Say no to plagiarism. Get a custom essay on “Why Violent Video Games Should Not Be Banned”?Get the original essayThe first three articles of the U.S. Constitution describe the powers of the federal government that are to be divided among three distinct branches: legislative, executive, and judicial. . Each branch has a distinct function, is independent and cannot preempt or assume the functions of another branch. However, the branches are complementary. They cooperate with each other to support each other and prevent each other from attempting to assume or gain too much power. This relationship is described as checks and balances. The framers of the Constitution sought to protect the nation against tyranny with this flexible and elaborate form of safeguards that allows each branch to contain and modify the power of each (Collins). The system of checks and balances in America is not only there to oppress and prevents other branches from gaining too much exclusive power, but it also strengthens them. To put it simply, the legislature makes the laws, the executive is supposed to enforce the laws, and the judiciary is responsible for enforcing those laws. Where does this idea of an organized and integrated system come from? There was talk of a mixed or two-party system as early as ancient Greece, but not until the French political philosopher Charles-Louis Montesquieu (commonly known simply as Montesquieu), anonymously published his 1748 work, "The Spirit of the Laws," described appropriately the separation of political power into judicial, executive and legislative to protect political freedom. Montesquieu specified that “the independence of the judiciary must be real and not just apparent”. “The judiciary was generally considered the most important, independent and uncontrolled power,” and was also considered dangerous (Montesquieu). This brings into play "judicial review", the most powerful power, although it is never mentioned in the Constitution itself. Judicial review is the power to supervise the executive and legislative branches when they acquire too much authority, to overturn these laws, and to interpret the meaning of the Constitution. This procedure was established from Marbury v. Madison (1803), a landmark case that helped define the limits of constitutionally separate judicial and executive powers. This doctrine has had a significant impact on our system of checks and balances and provides a solid foundation for ensuring system consistency. The structure in Britain is similar in concept but different from ours in the distribution of these powers. Parliament is responsible for legislative power, executive power is distributed between the prime minister, cabinet, ministries and the civil service, and judicial power is held by the courts. However, Britain uses a "fusion of powers", whereas in relation to its national legislature, parliamentary systems sometimes share or "merge" their powers with the executive. For example, in the United Kingdom, the executive is part of the legislature. The Prime Minister is the head of the executive and sits as a member of the..