Political Theory Chapter VII: Separation of Power
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Questions and Answers

Which of the following is an example of a country with an exhaustive list of powers for the central government, allowing for only residual powers for the states?

  • Nigeria
  • Canada (correct)
  • India
  • United States
  • What are concurrent powers?

  • Powers that only the federal government can exercise.
  • Powers exercised jointly by both the federal and state governments. (correct)
  • Powers that are residual and not specifically listed.
  • Powers exclusive to the state government.
  • Which option illustrates a tendency to empower the constituent elements rather than the central government?

  • An exhaustive list of central government powers with residual powers to states. (correct)
  • An exhaustive list of state powers with residual powers to the central government.
  • Concurrent powers listed equally for both federal and state governments.
  • An equal division of federal and state powers.
  • In which example is federal supremacy declared in case of conflicts over powers?

    <p>India (A)</p> Signup and view all the answers

    What does Option 3 encompass in terms of power division?

    <p>Exhaustive lists of federal, state, and concurrent powers. (C)</p> Signup and view all the answers

    Which of the following powers is NOT considered an exclusive federal power?

    <p>Public education (A)</p> Signup and view all the answers

    What is the primary function of the dual court structure in the judiciary?

    <p>To adjudicate conflicts at both federal and state levels (A)</p> Signup and view all the answers

    What does the term 'residual powers' refer to in the context of government power allocation?

    <p>Powers retained by one level of government after enumerated powers are allocated (B)</p> Signup and view all the answers

    Which institution primarily exercises the judicial function in the system described?

    <p>Professional judges appointed by the crown (B)</p> Signup and view all the answers

    In terms of the principle of non-interference in the dual court structure, what is emphasized?

    <p>The authority of one level of government must respect the other (C)</p> Signup and view all the answers

    Which philosopher is most associated with the concept of separation of powers in the 18th century?

    <p>Montesquieu (B)</p> Signup and view all the answers

    What is the primary intent of the doctrine of separation of powers?

    <p>To prevent the concentration of power (C)</p> Signup and view all the answers

    In a system of separation of powers, which branch is responsible for interpreting the laws?

    <p>Judicial Branch (C)</p> Signup and view all the answers

    According to Montesquieu, how should the three branches of government function?

    <p>Separate and independently (D)</p> Signup and view all the answers

    Which statement best describes the legislative branch's powers?

    <p>Enacts laws and appropriates funds (A)</p> Signup and view all the answers

    What did Montesquieu assert about governmental authority?

    <p>It should be independent for effective governance. (D)</p> Signup and view all the answers

    Under the doctrine of separation of powers, which scenario is permissible?

    <p>An individual holding a position in only one department (A)</p> Signup and view all the answers

    Which of the following is a characteristic of horizontal separation of powers?

    <p>Branches operate independently of one another (D)</p> Signup and view all the answers

    Which of the following best describes the principle of separation of powers?

    <p>Power should be shared between branches to avoid any one branch becoming too powerful. (C)</p> Signup and view all the answers

    What is the primary function of the legislative branch in the context of separation of powers?

    <p>Making laws. (A)</p> Signup and view all the answers

    In a parliamentary system, which of the following statements is true?

    <p>The executive branch derives its power from the legislative branch. (B)</p> Signup and view all the answers

    Which characteristic distinguishes the parliamentary system from the presidential system?

    <p>The separation of powers is clearly defined between branches. (A)</p> Signup and view all the answers

    What is one of the main functions of the legislative organ?

    <p>Make new laws or repeal existing ones. (B)</p> Signup and view all the answers

    What is one major drawback of a complete separation of powers?

    <p>It can lead to inefficiency or gridlock in government operations. (B)</p> Signup and view all the answers

    Which statement is true regarding the House of Federation (HoF)?

    <p>It plays a role in the constitutional interpretation. (C)</p> Signup and view all the answers

    Why is the separation of powers important for preventing abuse of power?

    <p>It creates checks and balances that limit each branch's power. (C)</p> Signup and view all the answers

    What role does the judicial branch play in the separation of powers?

    <p>It interprets and enforces laws. (B)</p> Signup and view all the answers

    What is the significance of bicameralism in the legislative context of the United States?

    <p>It ensures equal representation of all states regardless of population. (C)</p> Signup and view all the answers

    Which statement accurately reflects the relationship between the branches of government?

    <p>Branches are interrelated and depend on each other to function effectively. (A)</p> Signup and view all the answers

    In a vertical division of power, what is accurate about the autonomy of government levels?

    <p>Both levels of government maintain autonomy regarding granted powers. (A)</p> Signup and view all the answers

    What inadequacy is observed in the separation of powers in certain systems?

    <p>Legislative bodies do not have checks on executive powers. (A)</p> Signup and view all the answers

    What is a consequence of overlapping functions in the separation of powers?

    <p>It can create confusion and conflict between branches. (B)</p> Signup and view all the answers

    Which of the following is NOT a characteristic of the Head of State in a parliamentary system?

    <p>Exercises significant executive authority. (A)</p> Signup and view all the answers

    How does national self-determination relate to the role of the House of Federation?

    <p>It supports the right of minorities to secede or manage territorial conflicts. (A)</p> Signup and view all the answers

    Flashcards

    Separation of Powers

    The principle that divides governmental power into three distinct branches: the legislature, the executive, and the judiciary, to prevent the concentration of power in one entity.

    Legislative Branch

    The body responsible for making laws, often through a process of debate, amendment, and voting.

    Executive Branch

    The body responsible for carrying out and enforcing the laws made by the legislature.

    Judicial Branch

    The body responsible for interpreting the laws and applying them to specific cases, ensuring they are consistent with the Constitution.

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    Checks and Balances

    The concept that each branch of government has the power to limit or check the actions of the other branches, preventing any one branch from becoming too powerful.

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    One Person, One Branch

    The idea that the same person or group should not hold more than one of the three branches of government.

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    Non-Interference

    One branch of government should not interfere with the actions of the other branches.

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    Parliamentary System

    A system of government where the legislature and the executive are closely linked, often with the executive being chosen from within the legislature.

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    Enumerated Powers

    Powers explicitly assigned to one level of government, leaving other levels without authority in that area. Example: Federal government's exclusive power to declare war.

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    Residual Powers

    Powers that remain with a level of government after other powers are specifically assigned to another level. Example: State power over education.

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    Federal Supreme Court

    The highest court in the federal system, responsible for interpreting the Constitution and ensuring consistency in legal rulings.

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    Principle of Non-interference

    The principle that different levels of government should respect each other's authority, even if they have different powers.

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    Cassation Power

    The process by which the Federal Supreme Court reviews decisions made by lower courts, ensuring uniformity and correct application of the law.

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    Concurrent powers

    These powers can be exercised by both the federal government and the states, allowing for shared governance and collaboration.

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    Option 1: Exhaustive listing of central government powers

    A system where the central government has a comprehensive list of powers, while the states retain any powers not explicitly assigned to the central government.

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    Option 2: Exhaustive listing of state powers

    A system where the states have a comprehensive list of powers, while the central government retains any powers not explicitly assigned to the states.

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    Option 3: Exhaustive lists for both federal and state governments

    A system where both federal and state governments have comprehensive lists of powers, with concurrent powers shared by both.

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    Presidential System

    A system of government where the executive branch (President) is separate from the legislative branch (Congress) and is not directly dependent on the legislature for its survival.

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    Interdependence of Government Branches

    The principle that the three branches of government are interconnected and dependent on each other to some extent, despite the separation of powers.

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    Head of Government vs. Head of State

    In a parliamentary system, the head of government (Prime Minister or Premier) is distinct from the head of state (often a figurehead or monarch). The head of government holds executive power, while the head of state has limited, mostly ceremonial duties.

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    Separation of Powers in Parliamentary Systems

    The separation of powers between the executive and legislative branches is less clear in a parliamentary system compared to a presidential system.

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    Direct Vote for Executive Branch

    A presidential system has a direct vote for the head of the executive branch, who is usually the president. The president leads the executive branch and is separate from the legislative branch.

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    Vertical Division of Power

    The division of power between the central (federal) government and sub-national governments (regions, states) is called vertical division of power.

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    Horizontal Division of Power

    The distribution of power between the legislative, executive, and judicial branches of government is called horizontal division of power.

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    Ethiopian House of Federation (HoF)

    The Ethiopian House of Federation (HoF) is a unique institution. Unlike a bicameral system with two legislative houses, it has a different function and role.

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    HoF's Functions: National Identity and Autonomy

    The Ethiopian HoF's role is focused on national identity and regional autonomy. It interprets the constitution, deals with regional autonomy, and manages inter-state territorial conflicts.

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    HoF's Role: Not a Law-Making Body

    The Ethiopian HoF does not have a legislative function of making new laws or altering existing ones. Its main role lies in interpreting the constitution and overseeing regional autonomy.

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    Study Notes

    Chapter VII: Doctrine of Separation of Power

    • The legislature creates laws, the executive applies them, and the judiciary interprets them
    • The idea of separation of powers dates back to Aristotle, but gained significant support in the 18th century through the writings of Montesquieu, Locke, and Blackstone
    • Montesquieu's Spirit of the Laws is a key work in political theory and jurisprudence, influencing the Declaration of the Rights of Man and the US Constitution
    • Montesquieu argued that separate legislative, executive, and judicial powers were crucial for liberty
    • Separation of powers is the division of government responsibilities among distinct branches to prevent any one branch from controlling all functions
    • This prevents the concentration of power and ensures checks and balances within the government
    • The legislative branch enacts laws and appropriates funds
    • The executive branch implements and enforces laws
    • The judicial branch interprets laws and applies them to specific cases
    • The three branches of the government are independent and separate in terms of function, personnel, and institutions. No single person or body can hold positions in more than one of these branches
    • Complete separation of powers is not entirely possible in practice as some degree of overlap and coordination among the branches is essential to functioning governance
    • This system of checks and balances protects against abuses of power and maintains liberty
    • Separation of powers is present in both parliamentary and presidential systems, although the precise structures and relationships vary significantly

    Separation of Powers in Parliamentary and Presidential Systems

    • In parliamentary systems, the executive branch relies on the support of the legislative branch, and ministers are often responsible to the parliament
    • The separation of power is not clear-cut in parliamentary systems, unlike presidential systems, where a more distinct separation between the executive and legislative branches exists.
    • Presidential systems feature a directly elected head of government, while parliamentary systems typically have a head of government designated by the legislature. This difference is a key factor in how the separation of powers is structured.

    Separation of Powers Under the FDRE Constitution

    • The FDRE (Federal Democratic Republic of Ethiopia) Constitution details how powers are divided across its horizontal and vertical branches.
    • The document outlines the principle of horizontal separation of powers to prevent concentration of power within a single branch within the government
    • The constitution also defines vertical division of power, distributing authority between the central government and subnational entities

    The Legislative Organ

    • The legislative organ is responsible for enacting new laws and revising existing laws
    • It defines the structure, powers, and operations of both public and private organizations.
    • The Ethiopian House of Federation (HoF) stands apart from other legislatures, performing specific roles not aligned with traditional law-making functions.

    The Executive Organ

    • The executive organ is responsible for carrying out laws that the legislative power enacts. This branch of power is responsible for public administration
    • Identifying the specific institutions within a government that are part of the executive branch requires examining the specific structure of each country or political system.

    The Judiciary

    • The judicial branch is responsible for interpreting and applying the constitution, laws and related documents to specific cases. This includes ruling on conflicts between different state institutions, citizens and the institutions of the state.
    • It adjudicates disputes between individuals and between states and individuals, thereby upholding the law.
    • Professional judges appointed by the government, typically the crown or a related body, generally handle judicial functions
    • Federal and state court structures are both important features of governance, providing separate but overlapping jurisdictions.

    Importance of the Doctrine-Why Separation of Power?

    • The separation of powers aims to prevent any one part of the government from becoming overly powerful and potentially abusing its authority
    • The three branches of government should check and balance each other to limit excess. Any one branch ought to act as a guard against overreaching behavior from the other two branches.

    Separation of Power and Checks and Balances

    • Each branch of government has powers that enable it to limit the authority of the other two branches. This is a crucial aspect of a functioning democracy or republic

    Exclusive Federal Powers

    • Federal powers include defense, foreign relations, immigration, major forms of taxation, currency and foreign exchange, foreign and interstate trade
    • Federal powers might also include maritime shipping, inter-regional communication, and matters transcending state boundaries, like highways or certain aspects of economic activity.

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    Explore the Doctrine of Separation of Powers, a fundamental principle in political theory that outlines the distinct roles of the legislative, executive, and judicial branches of government. This quiz dives into historical influences from philosophers like Montesquieu and the impact on modern constitutions. Test your knowledge on the importance of checks and balances to prevent power concentration.

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