Separation of the three powers is a political theory, which advocates clearly defining the administrative, legislative and judicial powers of the government to avoid abuse of power. The origin of the separation of powers can be traced back to Aristotle's time. /kloc-in the 0/7th century, the publication of Locke's Theory of Government, a famous British thinker, showed that the theory of decentralization in the modern sense was initially formed. Locke described the theory of decentralization in detail in On Government. He divided state power into legislative power, executive power and external power, which should be exercised by different state organs. Legislative power belongs to parliament, executive power belongs to the king, and external power involves peace and war, diplomacy and alliance, and is also exercised by the king. After Locke, Montesquieu, a French enlightenment thinker, further developed the theory of separation of powers and put forward the famous theory of separation of powers. In On the Spirit of Law, he divided the state power into three types: legislative power, administrative power and judicial power. The so-called separation of powers means that the three powers are handed over to three different state organs through legal provisions to maintain their respective powers and balance each other. Montesquieu's thought had a great influence on American framers. The US Constitution stipulates that Congress can impeach the president, but only a few presidents have been impeached since the founding of the United States more than 200 years ago. 1974, President Nixon voluntarily announced his resignation because of the Watergate incident, but he was not impeached. 1999, the US Senate rejected the impeachment case against President Clinton.
Edit this paragraph for decentralization purposes.
The purpose of decentralization is to avoid the emergence of dictators. Ancient emperors and even local officials all had legislative, executive and judicial powers, which easily led to the abuse of power. Even in modern times, the power to legislate and use taxes is usually in the parliament representing the people's will, and the independence of judicial power lies in preventing law enforcement agencies from abusing their power.
Edit the implementation of this paragraph
The ways to realize the separation of powers are different in major capitalist countries, but the real situation is that only the United States (presidential system) implements the "separation of powers" and most other western countries implement the parliamentary system. The distinctive feature of western parliamentary countries is that legislative power and administrative power are not separated. Parliament is not only the legislature of the country, but also the power center of the country. The people who exercise executive power come from the parliament (lower house), including the Prime Minister, and the three powers are also separated.
Elected by parliament (usually the leader of the parliamentary majority party). They belong to the legislative branch and the executive branch. In other words, legislative power and executive power are essentially one. Two kinds of powers are not only born, namely, electing members of parliament and indirectly electing the prime minister (prime minister); The extinction of * * * means that the Prime Minister (the Prime Minister) must maintain the support of the majority of the members of the parliament, otherwise he will either step down or dissolve the parliament and hold a new general election. Moreover, generally speaking, the parliamentary system has no term limit. As long as he gets the support of the majority in parliament, the prime minister can continue to work forever. Under the parliamentary system, the government (cabinet) is composed of political parties (or ruling coalitions) with a majority of seats in the parliament and is responsible to the parliament. Britain is a typical parliamentary country. Under the parliamentary system, party politics is essentially the hand behind the scenes that dominates parliamentary politics, and the essence of "parliamentary supremacy" is "ruling party supremacy". Japan was in power for a long time during the period of rapid development after World War II. The political models adopted by countries and regions in Asia to become the Four Little Dragons are: South Korea became the Four Little Dragons during the military rule, Taiwan Province Province in China during the martial law period of Chiang Kai-shek and Jiang Jingguo, Singapore under the long-term family rule, and Hong Kong in China under the British colonial governor. More representative are the following three:
The presidential system in the United States
According to the US Constitution, Congress can impeach the president, but in the more than 200 years since the founding of the United States, Congress has never passed the impeachment case of the president. In order to protect civil liberties and limit the power of the government, they accepted Montesquieu's thought and clearly separated the executive, judicial and legislative organs within the scope of the US Constitution, so that they could check and balance each other. At that time, this constitutional system was an unprecedented new attempt. Today, the separation of powers of the federal government in the United States is quite thorough in many democratic countries. Most American state governments have the same constitutional framework. The common problem of decentralization is how to solve the contradiction between administration and legislation. One way is to adopt the parliamentary system. Under the parliamentary system, the leadership of the executive comes from the majority of seats in the legislative branch. The executive and the legislature are not completely separated. It is generally believed in modern times that a successful and stable liberal democratic political system does not necessarily require a complete separation of powers. In fact, except for the United States, all countries that adopted the presidential system at the beginning of democracy ended in failure for the first time. On the contrary, the parliamentary system has a higher success rate. Even in the United States, where the separation of powers is the most successful, there are still obstacles in how to solve the contradictions among the three departments. During the Great Depression (1929), Roosevelt came to power and promulgated a series of decrees, and gained unprecedented power in the history of the US president through the authorization of Congress. However, American federal courts often reject some laws. Results In June 1935+ 10, the Supreme Court declared Roosevelt's National Industrial Recovery Act unconstitutional by 8 votes to 1. In the same year, when an unemployed worker tried to obtain wage compensation by using the minimum wage law, the defendant's lawyer directly pointed out that the bill violated the amendment of the US Constitution 14. In order to implement the New Deal, Roosevelt separated the three powers on1March 6, 936.
"fireside chats", directed at the judiciary, asked Congress to allow him to increase the number of Supreme Court judges without restriction, and indirectly put the judiciary under the jurisdiction of the executive branch. This caused a heated discussion throughout the country. Later, the Chief Justice of the Federal Supreme Court ruled that the minimum wage law was not unconstitutional. Some people think that the judges made concessions at that time to ensure the political pattern of separation of powers.
British cabinet system
The separation of powers in Britain is very different from that in the United States, mainly because the political reality in Britain is different from that in other places. The British Parliament consists of two houses. The House of Lords, also known as the House of Lords, is mainly composed of royal descendants, hereditary aristocrats, newly appointed aristocrats, judges of the Court of Appeal and important church figures. The House of Lords is the highest judicial organ in Britain. According to English tradition, the Speaker of the House of Lords is also the Chief Justice. Britain's chief justice, minister of law, holds a high position. He is not only a national judicial leader, but also a cabinet minister. The House of Commons is also called the House of Commons or the House of Representatives, and its members are directly elected by voters according to the majority representation system of small constituencies. The House of Commons exercises legislative power, financial power and administrative supervision power. The procedure of legislation is generally to introduce a bill, debate it in parliament, pass it on the third reading, send it to the House of Lords for approval, and finally submit it to the King of England for approval and promulgation. The financial power of parliament is exercised by the House of Commons, and the financial power is dominated by the Cabinet. The power of parliament to supervise the administration is to question the work of government ministers through members; Debate on government policies; Ratify or veto treaties concluded by the government; At the same time, Parliament has the right to propose motion of no confidence to the government. When this happens, the cabinet must resign or ask the king to dissolve the House of Commons and call an early general election. Compared with the House of Commons, the power of the House of Lords is relatively limited. Its power mainly includes shelving the veto power and having the right to examine bills passed by the House of Commons. If the House of Lords disagrees with the bill passed by the House of Commons, it will only take effect after 1 year, and for the financial bill passed by the House of Commons, it can only take 1 month. The House of Lords retains the judicial power left over from history. It is the highest court of appeal and the highest judicial organ in Britain. The House of Lords has the power to hear all civil and criminal appeals in Scotland except criminal cases, as well as aristocratic cases and impeachment cases brought by the House of Commons. Basically, Britain is also a country with separation of powers. However, due to historical reasons, there is no explicit constitution in Britain, so that the position of legislative power in the separation of three powers is higher than the other two powers (namely, administrative power and judicial power), that is, any bill passed by parliament is the supreme bill and is not regulated by any constitutional charter. The British Parliament can pass any new bill, and the judiciary has no right to declare it invalid (such as Pickin v British Railway Board). In addition, traditionally, the power of British administration comes from two aspects, one is the bill passed by parliament, and the other is the royal privilege. The privilege of the British king comes from some rights held by the British king, such as the right to sign international conventions, the right to declare war, the right to issue passports to nationals, and the right to Amnesty. The privilege of the king is also a power that judicial power cannot challenge. So to sum up, legislative power is the highest power in Britain, and this arrangement is also the cornerstone of the Constitution. The second is administrative power, and the lowest is judicial power. In Britain, the judiciary only decides cases according to existing laws and cases in common law. It is worth mentioning that although Parliament (House of Commons) is democratically elected, the post of Prime Minister (the head of the executive) is appointed by the King of England as the leader of the largest political party that constitutes Parliament. In other words, the ruling party is the political party that carries out political power and legislative power in Britain, and it is easy for the government to use its influence to pass some laws that are beneficial to it, such as 1965.
The age act and the recent anti-terrorism law. It is better to say that Britain has only judicial independence than separation of powers.
France's double-headed system
When the fifth peace was established, we learned the lessons of the failure of parliamentary democracy in previous peacetime, so we began to create and implement semi-presidential and semi-parliamentary democracy (double-headed system), which has been maintained until now in the French political system. In recent years, the close cooperation between France and Germany has become an indispensable driving force for European economic integration, such as the circulation of the euro in 1999.
Edit the historical evolution of this paragraph.
The specific modes of the separation of powers system in western countries are different, but the basic spirit is the same, that is, the legislative, administrative and judicial functional departments of the three countries have their own specific powers, and the power balance is achieved through mutual restraint. Now, according to their own national conditions, many countries actively absorb the reasonable factors in the separation of powers system and strive to build an efficient and cheap national political system. In medieval Europe, the embryonic form of parliament appeared. At the same time, the functions of judicial institutions such as the Supreme Court have been continuously strengthened. The existence of parliament, courts and other political institutions has played a certain role in restricting the royal power. With the development of capitalist civilization, the bourgeoisie needs the parliament to further restrict the kingship and serve its own interests. In the second year after the glorious revolution in Britain, Locke published On Government, which was the first to put forward the idea of fully restricting different power institutions and laid a theoretical foundation for the establishment of constitutional monarchy in Britain. Montesquieu, a French enlightenment thinker, systematically expounded the separation of powers on the basis of summing up the thoughts and historical experience of his predecessors. /kloc-in the 0/8th century, the theory that the sovereignty of enlightenment thinkers belongs to the people and the separation of the three powers caused great social repercussions in the west. The United States first practiced these enlightenment ideas, and the French Revolution also carried out the above political ideas. According to the US Federal Constitution 1787, the federal government is divided into three powers: Congress, President and Federal Court.
Legislative power, executive power and judicial power. The Congress, which consists of the Senate and the House of Representatives, is the highest legislative body and has the right to impeach the President and federal judges. The president is the head of state and administration. With the consent of the Senate, it appoints senior administrative officials, implements various legislation, and has military commander-in-chief power and diplomatic power. The executive orders of the President have the force of law, and the President and his appointed ministers are not responsible to the National Assembly. In a state of emergency, the president can take extraordinary measures outside the constitution. The federal court is the highest judicial department, which is composed of some judges who serve for life. It has the final power to interpret the Constitution and various bills, and has the power to decide important cases involving states and states. During Roosevelt's New Deal, the executive power expanded in an all-round way, which broke the balance of the old political system of separation of powers and established a new pattern of separation of powers centered on the president. Engels pointed out that bourgeois scholars always "regard this decentralization as an inviolable principle with extreme piety". This principle is widely adopted because it "conforms to the existing relationship". The principle of "separation of powers" is the product of anti-feudal political struggle and a great historical progress; It requires strict organization of political life and effective control of state institutions, which embodies the balance and coordination of all aspects of the bourgeoisie and meets the needs of the development of capitalist market economy and the improvement of capitalist relations of production.
Editing this paragraph "separation of powers" is the concrete content of bourgeois democracy.