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Separation of powers is a model for governance where government responsibilities are divvied up. The point is to create a system of checks and balances with separate and independent powers and areas of responsibility so that the powers of one part are not in conflict with the powers associated with the other parts. The model tends to be most associated with democracies and republics. Separation of powers falls under the more general philosophy of seeking balance of Power, which is not to be confused with Power Balance.
Separation of powers is at least as old as the democratic city-states of Ancient Greece. Aristotle mentioned a very similar concept in his Politics treatise.
The tripartite system originated in the writings of Baron de Montesquieu
in The Spirit of the Laws
where he urged for a constitutional government with three separate branches of government: The executive, the legislative, and the judiciary. Philosophers such as John Locke advocated the principle in their writings, whereas others, such as Thomas Hobbes, strongly opposed it.
As a topic on the intersection of law and philosophy, most of the terms being bandied about have very precise definitions that will be carelessly glossed over.
Branch: One division of a government split by separation of powers, usually referring the central-government splits rather than state/central splits. There can be many types, depending on the system's flavor.
Checks and Balances: Checks and balances allow for a system-based regulation that allows one branch to limit another. In the context of US government, Montesquieu is credited for suggesting that a system of "checks and balances" is needed to prevent one branch from gathering too much power. Examples of Checks and Balances in the US include:
Tripartite division of powers: Montesquieu's separation of powers formulation where a state is split into three branches: a legislature does lawmaking, an executive does law enforcement, and a judiciary does law interpretation. A lot of western governments are considered tripartite. Contrasts with bipartite division of powers, or additionally multipartite systems.
Mixed Government: a system of government that divided political power between democracy and aristocracy, favored by John Calvin.
Federalism: a separation of powers into a central government and states
Prior to becoming the Unites States, the states had a variety of ways of running things. Plymouth Colony ran on a bipartite system.
Montesquieu's writings considerably influenced the opinions of the framers of the United States Constitution, and so the US wound up with a tripartite system: executive, legislative, and judiciary. Federalism, a separation of powers into a central government and states, rounds out the rest of the modern US system.
The balance of power between the branches and between federal and state is far from static, the American Civil War being one of the most obvious power struggles between the federal and state and legislative and executive branch. In the 20th century, the Supreme Court issued its first smackdown on a congressional delegation for violating the doctrine of separation of powers.[1] Franklin Delano Roosevelt attempted and failed to add more president-selected seats to the Supreme Court after facing a series of unfavorable Supreme Court decisions.[2]
In the 21st century, the GOP's 2015 letter to Iran reminding them how the US government works, and bypassing president Obama to invite Benjamin Netanyahu are another example of power jockeying between branches controlled by opposite parties.
Certain political scientists believe that the tripartite system is key to American Exceptionalism.
The press is often considered something of an unofficial branch (sometimes called in this context the "fourth estate") which has the potential clout to check the powers of the government (while promoting the views of advertisers and subscribers). With that in mind, many countries have taken measures to ensure freedom of the press, while others muzzle it, fearing its potential to create unrest. Still other countries subsidize media or compete with independent outlets by sponsoring state-influenced journalism, thus altering the playing-field without obviously moving the goalposts.
Mainland China's authoritarian government strongly opposes the concepts of separation of powers or checks and balances, which they call constitutionalism in Document 9[3]. This causes friction with Hong Kong, which was raised British and thus has a tripartite system and relatively free-roaming press.