Doctrine establishes separate institutions with unique roles, responsibilities, competencies, and jurisdictions.
The separation of powers is the division of government into three main spheres: Legislature, Executive, and Judiciary. This concept suggests that the major institutions of state should have independent functions and no individual should have authority that extends across these offices. Therefore, the principal institutions typically include the Executive, Legislature, and JudiciaryfootnoteRef:1. Consequently, the doctrine of separation of powers proposes that these principal institutions should be divided both in person and function to protect liberties and prevent tyranny1: Michael Foley and John E. Owens, “Congress and the Presidency: Institutional Politics in a Separated System (Manchester University Press, 1996), pp. 405-407.
Montesquieu stressed the importance of separating the legislative and executive powers in order to maintain liberty. If these powers were combined, freedom would be lost as there w
...ould no longer be a distinction between creating laws, implementing them, and determining their validity.
The Irish Constitution, which is the oldest constitution in Europe, predates global discussions on human rights. It only includes one socio-economic right - the right to education - while establishing non-justifiable principles for promoting social well-being by the state.
Concerns have been raised about how judges' decisions indirectly or directly protecting socio-economic rights under the Irish Constitution impact the separation of powers and court involvement in matters of distributive justice. As a result, courts have recently become reluctant to recognize and enforce such rights.
The Constitution establishes specific and restricted responsibilities for the Legislative, Executive, and Judicial branches of government. It prohibits individuals from holding positions in both the legislature and another branch concurrently. Each elected branch possesses its own distinct sources of authority, with measure
in place to prevent one branch from overpowering another. The Constitution bestows separate powers upon the Legislative, Executive, and Judicial branches. Leaders within the Executive and Legislative branches are selected from different segments of society and adhere to different election timetables.
The judicial branch is safeguarded by tenure provisions that mandate supermajorities to remove its members from office, unlike the elected branches. The federal government is divided by the constitution into distinct institutions for the Legislative, Executive, and Judicial branches, each assigned with specific functions. These functions are explicitly outlined in the opening sentences of the initial three articles.
The text from "The Federalist Papers" edited by Clinton Rossiter, published in 1961 by Penguin, on page 62 states that Article I of the Constitution grants legislative power to the congress of the federal government. Additionally, Article II bestows executive power upon the president of the federal government and Article III establishes that the judiciary power will be held by the Supreme Court. The Founding Fathers' understanding of separation of powers is reflected in these provisions.
The president, Congress, and the Court each have their own roles in the government. The constitution specifically prohibits individuals from serving in both Congress and another branch of the federal government. Article I, section 6 of the constitution states that no person holding a federal office can be a member of either House while still in office to ensure that nobody simultaneously holds positions in both Congress and other branches. Additionally, Members of Congress are barred from serving in any newly created office during their elected term or when their salary is increased. The doctrine of separation of powers also establishes an Independent
Electoral Bases where elected officials from legislative and executive branches come from constituencies unrelated to the other branches.
The election process for the President and Vice President involves electors chosen by popular vote in each state as directed by state legislatures. This ensures that members of Congress are not able to be electors, preventing direct influence on the election of these positions. In contrast, individuals serving in the House and Senate are directly elected within their districts and states without involvement from other branches of federal government. Typically, nominations for positions in the federal Judiciary are made by the President with confirmation performed by the Senate.
The Constitution establishes a safeguard against interference from the legislative or executive branch in the Judiciary by granting federal judges tenure "during good Behavior," effectively granting them lifetime appointments. Additionally, the principle of separation of powers has led to the development of independent resources and support for each branch of the federal government. These branches have established their own support systems with professional staff, although this provision is not explicitly guaranteed in the Constitution. Congress has the authority to fund and potentially eliminate these support structures. There are strong expectations among both political actors and citizens that each branch of the federal government should have the necessary resources to carry out its responsibilities as outlined in the Constitution.
The resources provided by the member of congress and the President include information, advice, research, analysis, problem investigation, activity organization, and other assignments for their principals. Besides personal staff, members of congress have committee staff, chamber-wide support organizations, and branch-wide support organizations to help them in developing legislation. The President has several thousand staff
members in the Executive Office of the President and can rely on Cabinet officials or agency heads who can in turn use resources within their own executive departments. The federal Judiciary is supported by both Chamber staff and centralized staff in the Administrative Office of the Supreme Court, as well as several branch-wide support organizations. Both the Legislative branch and the Executive branch act as independent corporate bodies with some power granted to them by the federal government.
The Judiciary branch is indirectly supervised by the Legislative and Executive branches. As per the Constitution, Congress cannot lower the salaries of either the Executive or Judicial branches. Article (II) specifies that the President's salary remains unchanged throughout their current term in office. Similarly, Article (III) forbids reducing compensation for federal judges while they are in service. The separation of powers doctrine guarantees specific responsibilities for each branch – Legislative, Executive, and Judicial – with restricted powers subject to scrutiny by an authorized independent entity.
The Judiciary branch has less privacy compared to the legislative and Executive branches because they are not directly empowered by popular votes like the other branches. According to the principle of separation of power, no single branch has complete control over its core function despite being responsible for their respective functions. While Congress is granted legislative power, the President can veto legislation which gives them leverage in most cases. Additionally, the President has the authority to convene Congress (Fisher, 1995). In terms of separation of powers, the President holds executive power while Congress controls the structure of the executive branch and distribution of financial resources for its departments. Conversely, the supreme court exercises judicial
authority.
The Congress has the power to establish and regulate the lower federal courts, including their jurisdiction and rules. It can also change legislation based on judicial rulings. According to the principle of separation of powers, both the executive and legislative branches have the right to investigate each other, ensuring that the executive branch follows constitutional limits. Furthermore, Members of the House and Senate can be investigated for criminal actions and can be prosecuted in federal court if found guilty. Additionally, Congress has the authority to scrutinize activities in the executive and judicial branches, which may lead to future criminal charges or impeachment proceedings.
The Constitution grants Congress the authority to conduct routine oversight of executive departments, which helps in making future legislation and resource decisions4. The separation of powers, as defined in the Constitution, influences the strategies and behaviors of individual political actors as well as the federal government branches collectively. Each branch aims to accumulate and enhance its institutional power5. The doctrine of separation of powers seeks to prevent the concentration of power in any one entity or individual. The framers of the Constitution aimed to establish a governing system that disperses and divides power. This doctrine is evident through the Legislative, Executive, and Judiciary branches at an institutional level5.
Conclusion
The doctrine of separation of powers is a three-sum process which involves differentiation in powers, responsibilities, or duties of the Legislative, Executive, and the Judiciary branches of the federal governmentfootnoteRef:6. Each branch has distinct and unique responsibilities. However, there are independent bodies that question their actions, as discussed in the context of the Ireland constitution. It is crucial to have a clear separation among the three
branches in order to ensure smooth government activities.
6: According to Stewart, in his book "Congress and the constitutional system," the separation of powers is crucial in government functioning as it helps maintain order and efficiency. Each branch of government - Legislative, Executive, and Judiciary - has distinct functions and responsibilities. This doctrine fosters a smooth execution of activities by specific bodies, creating "peace of events."
References
- Foley and Owens discuss the institutional politics within the separated system of Congress and the Presidency (Manchester University Press, 1996), pages 405-407.
- Stewart also mentions the importance of Congress and the constitutional system.
- Mayhew's book, "Divided we govern," delves into the topic (New Haven: Yale University Press, 1991), page 3.
- Ogul highlights Congress's oversight of the bureaucracy (Pittsburgh: University of Pittsburg Press, 1976), page 18.
- Fisher explores the war powers of the presidency (Lawrence, KS: University of Kansas Press, 1995).
- Madison refers to "The Federalist No. 62" in The Federalist Papers (Clinton Rossiter, ed.)(New York: Penguin, 1961).
The numbers 376-390.
