CHECKS AND BALANCES

Checks and Balances

The principle of checks and balances requires checks and supervision of the various organs of government to prevent abuse of power. It supports the use of one organ of government to check the activities of the other organs.  That is to say, the powers of one organ is use to check the powers of the other organs in order to prevent abuse of office. The legislature makes laws, and if the laws made by the legislature is at variance with the interest of the citizens, the judiciary can declare such law null and void. Also, the legislature can reject any ministerial nominee presented by the executive if the record of such a nominee is not clear. A judge can be removed from office by the legislature or executive if found guilty of any misconduct.

Checks on the Legislature

1.  The veto power given to the president limits the legislative powers of the legislature.

2.  Laws passed by the legislature can be declared null and void by the executive through a judicial review constituted by the president.

3.  The law court can declare any law made by the legislature, which contradicts the provisions of the constitution, unconstitutional.

checks on the Executives

1.  The budget has to be passed into law by the legislature.

2.  The president can be impeached by the legislature

3.  The legislature must approve treaties entered into by the executive before they become binding

Checks on the Judiciary

a.   The president can pardon convicts through the prerogative of mercy.

b.  A judge can be removed from office by the legislature or executive, if found guilty of any misconduct.

c.   The executive can use non- prosecute to remove case from court.

  

How the principle Checks and Balances violates the Principle of Separation of Powers.

The principle of checks and balances which is practiced in the presidential system f government, was not meant to violate the principle of powers; only to strengthen it. However, its application in modern states tend to violate the principle of separation of powers in the following ways:

i.                 The constitutional power of impeachment of the president granted the legislature, makes the executive arm of government dependent and subordinate to the legislature. This renders the principle of separation of powers useless.

ii.             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, and this is a violation of the principle of separation of powers.

iii.         The act of allowing the unelected members of the judiciary to declare executive actions and laws made by the legislature as unconstitutional, offends the principle of separation of powers.

iv.          The president, who is the commander-in-chief of the Armed Forces and who has the power to declare war against another country can be helpless by the legislative refusal of two-third majority required by the president.

v.              The power of approving the executive nominees and budget given to the legislature makes the legislators participate in the executive functions, and this renders the principle of separation of powers unrealistic.

vi.          The executive name all the judges of the different courts with the approval of the legislature, this also violates the principle of separation of powers.

vii.      The exercise of the constitutional powers of prerogative of mercy by the president, makes the president to interfere with the functions of the judiciary, and this cause damages to the principle of separation of powers.