Three - Separation of Powers Flashcards

1
Q

Quotes on separation of powers

A
  • Acton: “power tends to corrupt and absolute power corrupts absolutely”
  • Montesquieu: “when the legislative and executive powers are united in the same person or body there can be no liberty”
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2
Q

Ideal of SoP

A
  • political theory: Aristotle
  • Declaration of Rights of Man Citizen: “any society in which the SOP is not observed has no constitution”
  • strict model of SOP
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3
Q

USA - one of best known attempts to incorporate ideal of SoP into real constitution

A
  • Article 1 - Legislative power: Congress
  • Article 2 - executive power: president
  • Article 3 - judiciary: Supreme Court
  • separation of personnel

Checks and balances:

  • mutual checks and balances
  • presidential veto of legislation
  • congressional scrutiny of presidential appointees i.e. Bush Harriet Myers
  • presidential nomination of Supreme Court justices
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