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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?
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?
What are concurrent powers?
What are concurrent powers?
Which option illustrates a tendency to empower the constituent elements rather than the central government?
Which option illustrates a tendency to empower the constituent elements rather than the central government?
In which example is federal supremacy declared in case of conflicts over powers?
In which example is federal supremacy declared in case of conflicts over powers?
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What does Option 3 encompass in terms of power division?
What does Option 3 encompass in terms of power division?
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Which of the following powers is NOT considered an exclusive federal power?
Which of the following powers is NOT considered an exclusive federal power?
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What is the primary function of the dual court structure in the judiciary?
What is the primary function of the dual court structure in the judiciary?
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What does the term 'residual powers' refer to in the context of government power allocation?
What does the term 'residual powers' refer to in the context of government power allocation?
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Which institution primarily exercises the judicial function in the system described?
Which institution primarily exercises the judicial function in the system described?
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In terms of the principle of non-interference in the dual court structure, what is emphasized?
In terms of the principle of non-interference in the dual court structure, what is emphasized?
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Which philosopher is most associated with the concept of separation of powers in the 18th century?
Which philosopher is most associated with the concept of separation of powers in the 18th century?
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What is the primary intent of the doctrine of separation of powers?
What is the primary intent of the doctrine of separation of powers?
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In a system of separation of powers, which branch is responsible for interpreting the laws?
In a system of separation of powers, which branch is responsible for interpreting the laws?
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According to Montesquieu, how should the three branches of government function?
According to Montesquieu, how should the three branches of government function?
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Which statement best describes the legislative branch's powers?
Which statement best describes the legislative branch's powers?
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What did Montesquieu assert about governmental authority?
What did Montesquieu assert about governmental authority?
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Under the doctrine of separation of powers, which scenario is permissible?
Under the doctrine of separation of powers, which scenario is permissible?
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Which of the following is a characteristic of horizontal separation of powers?
Which of the following is a characteristic of horizontal separation of powers?
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Which of the following best describes the principle of separation of powers?
Which of the following best describes the principle of separation of powers?
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What is the primary function of the legislative branch in the context of separation of powers?
What is the primary function of the legislative branch in the context of separation of powers?
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In a parliamentary system, which of the following statements is true?
In a parliamentary system, which of the following statements is true?
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Which characteristic distinguishes the parliamentary system from the presidential system?
Which characteristic distinguishes the parliamentary system from the presidential system?
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What is one of the main functions of the legislative organ?
What is one of the main functions of the legislative organ?
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What is one major drawback of a complete separation of powers?
What is one major drawback of a complete separation of powers?
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Which statement is true regarding the House of Federation (HoF)?
Which statement is true regarding the House of Federation (HoF)?
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Why is the separation of powers important for preventing abuse of power?
Why is the separation of powers important for preventing abuse of power?
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What role does the judicial branch play in the separation of powers?
What role does the judicial branch play in the separation of powers?
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What is the significance of bicameralism in the legislative context of the United States?
What is the significance of bicameralism in the legislative context of the United States?
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Which statement accurately reflects the relationship between the branches of government?
Which statement accurately reflects the relationship between the branches of government?
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In a vertical division of power, what is accurate about the autonomy of government levels?
In a vertical division of power, what is accurate about the autonomy of government levels?
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What inadequacy is observed in the separation of powers in certain systems?
What inadequacy is observed in the separation of powers in certain systems?
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What is a consequence of overlapping functions in the separation of powers?
What is a consequence of overlapping functions in the separation of powers?
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Which of the following is NOT a characteristic of the Head of State in a parliamentary system?
Which of the following is NOT a characteristic of the Head of State in a parliamentary system?
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How does national self-determination relate to the role of the House of Federation?
How does national self-determination relate to the role of the House of Federation?
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Flashcards
Separation of Powers
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
Legislative Branch
The body responsible for making laws, often through a process of debate, amendment, and voting.
Executive Branch
Executive Branch
The body responsible for carrying out and enforcing the laws made by the legislature.
Judicial Branch
Judicial Branch
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Checks and Balances
Checks and Balances
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One Person, One Branch
One Person, One Branch
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Non-Interference
Non-Interference
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Parliamentary System
Parliamentary System
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Enumerated Powers
Enumerated Powers
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Residual Powers
Residual Powers
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Federal Supreme Court
Federal Supreme Court
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Principle of Non-interference
Principle of Non-interference
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Cassation Power
Cassation Power
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Concurrent powers
Concurrent powers
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Option 1: Exhaustive listing of central government powers
Option 1: Exhaustive listing of central government powers
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Option 2: Exhaustive listing of state powers
Option 2: Exhaustive listing of state powers
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Option 3: Exhaustive lists for both federal and state governments
Option 3: Exhaustive lists for both federal and state governments
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Presidential System
Presidential System
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Interdependence of Government Branches
Interdependence of Government Branches
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Head of Government vs. Head of State
Head of Government vs. Head of State
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Separation of Powers in Parliamentary Systems
Separation of Powers in Parliamentary Systems
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Direct Vote for Executive Branch
Direct Vote for Executive Branch
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Vertical Division of Power
Vertical Division of Power
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Horizontal Division of Power
Horizontal Division of Power
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Ethiopian House of Federation (HoF)
Ethiopian House of Federation (HoF)
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HoF's Functions: National Identity and Autonomy
HoF's Functions: National Identity and Autonomy
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HoF's Role: Not a Law-Making Body
HoF's Role: Not a Law-Making Body
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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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Description
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.