In a properly functioning democratic setup, if power becomes concentrated in any single entity that is flawed. Essentially, separation of powers and judicial review are required in order to have checks and balances in place so that individual liberty is safeguarded, and rule of law prevails. Let us try to understand the importance through this article.
Separation of Powers: Distributing Authority
Division of Functions: The government is divided into three branches:
Legislature: Makes laws (e.g., Parliament)
Executive: Implements laws (e.g., Government)
Judiciary: Interprets laws and settles disputes (e.g., Courts)
Checks and Balances: The power of each branch is to check on the excesses of the others.
It is in the powers of the legislature to come up with laws that will limit the executive power and control expenditure.
The executive can veto legislation and enforce judicial decisions.
The judge can declare a law void, if it is ultra vires to the provisions of the constitution and can held the executive accountable, in case of its excesses.
Such separation is intended to prevent the concentration of power by providing for not only a division of responsibilities, but for an associated partial sharing of powers and authorities․
Judicial Review: Upholding the Constitution
Judiciary Powers: Judicial reviews gives courts authority to check the constitutionality of laws and executive decisions.
Protecting Individual Rights: Courts are the final interpreters of laws and can remove any law passed by the legislature or the executive if it violates people’s basic rights that are enshrined in the constitution. By this way citizens are protected from the arbitrary actions of the legislature or the executive.
Ensuring Rule of Law: Judicial review helps to ensure that no branch of government goes beyond the intended scope of power given by the constitution, in other words it promotes a system where everyone including government is accountable to law.
Forming a robust foundation for a healthy democracy, collectively these mechanisms:
Preventing Tyranny: Through diffusing power and enforcing accountability, separation of powers and judicial review inhibit the growing to dangerous proportions of power in one person or a single group.
Protecting Individual Rights: Judicial review protects the rights of individuals by preventing the government from violating the Constitution and assuming powers not delegated to it.
Promoting Accountability: All the branches are accountable for their actions, thus making a check upon each other and promoting good governance.