This was the original idea of Montesquieu, taken into the Constitution. It simply means that, in theory, the Judiciary, the President (called Administration), and the Congress all together control each other in order to avoid any supremacies.The system of Checks and balances means that no one can prevail over the others, and that they can control each other in order to avoid the supremacy of any of them. Just as one of many examples: the President has the power to make important decisions but, in most of the cases, the Congress has to give authorization. The Congress can make the laws but those are applied by the Judiciary. Judges are appointed with authorization of the Congress, etc.
However, this is in theory. Some scholars agree that the President (or the Administration) has a de facto supremacy, and is the one with more power and dinamism compared with the others. He also can make important decisions in cases of emergency, such as 9/11, etc. with important consequences.
2007-01-07 12:14:23
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answer #1
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answered by Anonymous
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Checks and Balance is the power that can be exercised by any of the three departments of the government to regulate or correct any illegal act against another department.
For example, the Judicial Department can question the acts of the Legislature through the principle of Judicial Inquiry when laws are made in violation of the Constitution.
On the other hand, the Legislature can impeach the President if the latter has violated the Constitution.
2007-01-07 20:02:44
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answer #2
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answered by FRAGINAL, JTM 7
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Congress, the Supreme court and the President, all with equal but separate power. The President is not above Congress. Congress may pass no laws that infringe on the Bill of rights and the Constitution.
2007-01-07 20:02:45
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answer #3
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answered by jl_jack09 6
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Review the constitution - this explains how government operates as three separate organizations - the administration, the Congress, and the Courts.
2007-01-07 20:02:45
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answer #4
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answered by Anonymous
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