The system of checks and balances is the basis of the theory of separation of powers. Three branches of power

The system of checks and balances is a practical application of the concept of separation of powers. The theory of the distribution of powers among several bodies and institutions, independent of each other, originated many centuries ago. It was the result of the long development of statehood and the search for an effective mechanism to prevent the emergence of despotism. The system of checks and balances is a derivative of the principle of separation of powers, embodying it in practice in the form of appropriate provisions of the constitution. The existence of such a mechanism is an inalienable characteristic of a democratic state.

Ancient world

The idea of separation of powers goes back to ancient times. Examples of its theoretical justification and practical application can be found in the history of ancient Greece. Politician and legislator Solon established in Athens a system of government, in which elements of the separation of powers were present. He gave equal powers to two institutions: the Areopagus and the Council of four hundred. These two state bodies have stabilized the political situation in the society through mutual control.

The concept of separation of powers was formulated by the ancient Greek thinkers Aristotle and Polybius. They pointed to the advantage of a state system in which the constituent elements are independent and practice mutual deterrence. Polybius compared this system to a balanced ship, able to withstand any storm.

The development of theory

The medieval Italian philosopher Marsilius of Padua in his works devoted to the creation of a secular state, expressed the idea of delimiting the legislative and executive powers. In his opinion, the responsibility of the ruler lies in the observance of the established order. Marsilius of Padua believed that only people have the right to create and approve laws.

John Locke

The principle of separation of powers received further theoretical development during the Renaissance. English philosopher John Locke developed a model of civil society based on the accountability of the king and the highest dignitaries of the constitution. An outstanding thinker did not dwell on the delimitation of legislative and executive power. John Locke singled out one more - federal. According to him, the competence of this branch of power should include diplomatic and foreign policy issues. John Locke argued that the distribution of responsibility and authority between the three given components of the public administration system would eliminate the danger of concentrating too much influence in the same hands. The ideas of the English philosopher have been widely recognized by subsequent generations.

Charles-Louis de Montesquieu

Theoretical constructs of John Locke made a deep impression on many educators and politicians. His doctrine of the separation of powers into three branches was rethought and developed by the French writer and lawyer Montesquieu. This happened in the first half of the 18th century. The structure of the society in which the French lived, in many respects retained features characteristic of feudalism. The theory formulated by the writer seemed to his contemporaries too radical. The doctrine of Charles-Louis de Montesquieu on the delimitation of powers was contrary to the structure of monarchical France. European states in that era continued to be based on medieval class principles that divide society into hereditary aristocrats, representatives of the clergy and commoners. Nowadays the theory of Montesquieu is considered classical. It became the cornerstone of any democratic state.

Basic theses of the theory

Montesquieu justified the need for the separation of powers into legislative, executive and judicial. The delineation and mutual deterrence of the three elements of the state structure are designed to prevent the establishment of a dictatorship and the abuse of power. Montesquieu considered despotism the worst form of government based on fear. He stressed that tyrants act solely by their own will and do not observe any laws. According to Montesquieu, the unification of the three branches of power inevitably leads to the emergence of a dictatorship.

The French thinker pointed to the basic principle of the successful functioning of the divided structure of state governance: there should not be the possibility of subordinating one component of the system to the other two.

The US Constitution

For the first time the idea of delineation of the three branches of power took legal form during the American Revolution and the War of Independence. The US Constitution consistently reflected the classic model of the division of powers in the field of public administration, developed by Montesquieu. American political leaders have supplemented it with some improvements, one of which is a system of checks and balances. This is a mechanism that ensures the mutual control of the three branches of power. A significant contribution to its creation was made by the fourth US President James Madison. The system of checks and balances is a partial coincidence of the powers of the divided authorities. For example, a court can invalidate the decision of the legislature, if it is not in accordance with the constitution. The President of the country, being the representative of the executive power, also has the right of veto. The competence of the head of state includes the appointment of judges, but their candidacies should be approved by the legislature. The system of checks and balances is the basis for the theory of separation of powers and the mechanism for its effective application in practice. The provisions of the US Constitution, worked out by Madison, are still in force.

Russian Federation

The principles formulated by Montesquieu and perfected by the leaders of the American Revolution are included in the legislation of all democratic states. The current constitution of the Russian Federation also establishes a separation of powers. The specificity of implementing this principle is that the coordinated functioning of all branches is provided by the president of the country, which formally does not belong to any of them. Responsibility for the development and adoption of laws rests with the State Duma and the Federation Council, which are a bicameral parliament. The exercise of executive power is the responsibility of the Government. It consists of ministries, services and agencies. The judiciary in the Russian Federation oversees the activities of the parliament and assesses the conformity of the adopted laws of the constitution. In addition, it checks the legality of regulations issued by the Government. The Constitution contains a special chapter on the judiciary in the Russian Federation.

United Kingdom

Many experts believe that in the state structure of the United Kingdom, the principle of separation of powers is not actually embodied. In the UK, there is a historical trend of merging legislative and executive bodies. The Prime Minister belongs to the most influential political party. He is endowed with broad powers and usually has the support of a majority of parliamentarians. The independence of the judiciary is not questioned, but it does not have a significant impact on the activities of other state bodies. The highest authority in the UK is traditionally considered to be legislative structures. Judges can not criticize decisions approved by parliament.

France

The Constitution of the Fifth Republic assigns a special place to the head of state elected by popular vote. The President of France appoints the Prime Minister and members of the government, determines foreign policy and conducts diplomatic negotiations with other countries. However, the dominant position of the head of state can be significantly limited by opposition forces in the parliament.

The French constitution provides for the separation of powers. The executive branch consists of the president and the cabinet of ministers. Legislative functions belong to the National Assembly and the Senate. The roles of checks and balances are played by numerous independent agencies that are part of the executive branch structures. They often advise the parliament on various bills. These agencies act as regulators and even endowed with some legal powers.