Checks And Balances Of Government

Checks And Balances: Doctrines, Advantages And Disadvantages

Tables Of Content

  • The Doctrine Of Checks And Balances
  • Disadvantages Of The Principle Of Checks And Balances
  • Advantages Of The Principle Of Checks And Balances

The Doctrine Of Checks And Balances

The doctrine or principle of checks and balances advocates using one government organ to check other organs’ activities. This is where the power of one organ is used to check the power of other organs.

These constitutional acts of checks, abuse of office, constitutional violation, and naked use of powers by different organs of government.

The doctrine of checks and balances does not advocate the fusion of the three government organs in their constitutional functions. All it is saying is that as much as these organs will be mutually independent, they should act as watchdogs for each other to avoid misuse of power and reconcile these organs.

The checks and balances doctrine applies in parliamentary and presidential government systems.

For instance, the executive can veto the legislature’s bills, dissolve parliament, and make judicial appointments and promotions. On the other hand, the legislature promotions.

On the other hand, the legislature can check the executive’s power to appoint ministers; it can set up committees to investigate the activities of executives, and it has the power to impeach the president for gross misconduct.

In like manners, the judiciary has the power to review both executive and judicial actions. It has the power to declare the activities of either the executive or the legislature null and void and without effect.

How does The Principle Of Checks And Balances Violate The Theory Of Separation Of Powers In A Presidential System Of Government, And what are the Disadvantages Of The Principle Of Checks And Balances

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Though the principle of checks and balances, which is a feature of the presidential system of government, was not meant to violate the theory of separation of power, its application in modern states tends to violate the theory of separation of power in the following ways, and they also serve as the disadvantages of the principle of checks and balances:

  1. The application of the principle of check and balances render the theory of separation of power meaningless; for instance, the constitutional power of impeachment of the president granted to the legislature makes the executive arm of the government dependent and subordinate to the legislature.
  2. The power to veto Acts of Parliament granted to the president makes the president, who is the head of the executive to be part of the law-making body – the legislature and this acts as a violation of the theory of separation of power because It amounts to fusing the executive and the legislature.
  3. The undemocratic act of allowing the unelected members of the judiciary to declare executive actions and laws made by the legislature as unconstitutional makes a mockery of the theory of separation of power and independence of these organs.
  4. The president, who is the commander in chief of the Armed force and who can declare war n this capacity against another country, can be hindered by the legislature’s refusal of the 2/3 majority required by the president.
  5. The application of judicial procedure by the legislature in the process of impeachment is tantamount to usurpation of judicial function by the legislature, thereby making the theory of separation of power a hoax.
  6. By approving the executive nominees and budgets given to the legislature, legislators participate in the executive functions, thereby rendering the theory of separation of power unrealizable.
  7. The principle of checks and balances also violates the theory of separation of powers because the president names all federal judges and is approved by the legislature.
  8. The power of approval of all treaties concluded by the executive granted to the legislature makes the legislators participate in the executive functions of policy-making and the executive, which negates the theory of separation of powers.
  9. Through the exercise of the prerogative of mercy by the president, the president interferes with the functions of the judiciary, which is detrimental to the theory of separation of powers.
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Argument For Or Merits Or Advantages Of The Principle Of Checks And Balances

The mechanism of modern governments has shown the impracticability of complete separation of power, thereby makinapplyingof the principle of checks and balances imperative.

The principle of checks and balances, despite its violation of the theory of separation of powers and disadvantages as discussed above has the following advantages:

  1.  The application of the principle of check and balance makes government officials cautious and meticulous in carrying out their official functions.
  2. It brings about orderliness and efficiency among the organs of government.
  3. The principle of checks and balances leads to strict compliance with the constitution’s provisions.
  4. The application of the principle of check and balance prevents the excessive use of power by the organs of government.
  5. It prevents the emergence of a dictator.
  6. Fundamental human rights will be guaranteed. Also, the liberties and freedom of the citizens can be easily maintained if the principle of checks and balances is applied.
  7. The legislature’s approval of the president’s budget, which is part of the principle of checks and balances, leads to the prudent use of resources.
  8. Finally, applying the principle of checks and balances ensures that the use of public authority and organs of government are brought under popular control.
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