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Friday, May 24, 2013

What makes the doctrine of separation of powers workable?


The doctrine of separation of powers divides the institution of government into three separate branches; the legislative, executive and judicial. The  powers and execution of each  vary and carried out by  different individuals. They are not allowed to execute solely for another’s authority, each being interdependent from another.

The division of power should prevent absolutism (like in monarchies and dictatorship where all branches are concentrated in a single authority). The doctrine also prevents corruption. The branches also serve as security or authorities to correct and check upon one another. Each interdependent branch helps keeps the other from exceeding their power, thus ensuring the rule of law and protecting the rights of individuals.

The practice of the doctrine is basically a mechanism to prevent power being over concentrated in one arm of government. This is very much workable in the Philippines since abuse of power and corruption is very much rampant in much country, even within the presence of these three branches. The Philippines is a republican state, meaning, sovereignty resides with the people and it loathes the concentration of one or a few. The powers or basic state authority given to the three branches, were only delegated by the people. “The Executive, the Legislative, and the Judiciary – each branch being supreme in its own sphere but with constitutional limits and a firm tripod of checks and balances” (Atty. Fred)

The Executive branch, headed by the President of the republic, is the approving and implementation body of the supreme government. The President serves as the chief executive and represents the government as a whole. The President exercises general supervision over all local government units and is also the Commander-in-Chief of the Armed Forces of the Philippines.

 Being elected by the citizens, the president has control over the executive departments, the bureaus and offices. This means that he has the authority to assume directly the functions of the executive department, bureau and office or interfere with the discretion of its officials. Contrary to the power of control, the President also has the duty of supervising the enforcement of laws for the maintenance of general peace and public order. Thus, he is granted administrative power over bureaus and offices under his control to enable him to discharge his duties effectively.

The legislative branch, which has the authority to make laws is the Congress. The Congress is composed of the Senate and the House of Representatives. The Senate is composed of twenty-four Senators, who are elected at large by the qualified voters of the Philippines.

The House of Representatives, on the other hand, is composed of not more than two hundred and fifty members, unless fixed by law, who are elected from legislative districts located among the provinces, cities and the Metropolitan Manila area, and those who are elected through a party-list system of registered national, regional and sectoral parties or organizations.

Judicial Power is vested in the Supreme Court, or any lower courts prescribed by law. The Supreme Court is composed of a Chief Justice and fourteen Associate Justices. While Congress has the power to define, prescribe and allocate the jurisdiction of the various courts, congress cannot deprive the Supreme Court of its jurisdiction provided in the Constitution. No law shall also be passed reorganizing the judiciary when it undermines the security of tenure of its members. The Supreme Court also has administrative supervision over all courts and the personnel thereof, having the power to discipline or dismiss judges of lower courts.

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