The separation of Powers in the parliamentary system is not as clear as it is in the presidential system of government. With that being said, we can argue that the essential elements of separation of powers such as separation in terms of institutions and the practice of checks and balances, both being an integral part of the parliamentary or cabinet system, have proven to be enough to achieve the goals of separation of powers.
By the end of this tutorial, you will understand clearly how the concept of separation of powers operates under the parliamentary (cabinet) system of government.
Without wasting time, let’s get to know more about the separation of powers in the parliamentary system of government.
I have purposely tailored and arranged, for your easy understanding, the key points on this topic that can be used for an essay on the WAEC/WASSCE Government past question below.
How does Separation of Powers operate under the cabinet (parliamentary) system of government?
For a proper understanding of separation of powers in the parliamentary system of government, we shall first explain briefly, the doctrine of separation of powers.
This is the approach I recommend you adopt for the above WAEC Government past question on the operation of Separation of Powers in the parliamentary system of government.
What is Separation of Powers?
The concept of Separation Of Powers was popularized by a French political thinker and jurist called Baron de Montesquieu in his book, The Spirit Of The Law in 1748.
Baron de Montesquieu argued that there could be tyranny and abuse of individual rights and liberties in the state if legislative and executive powers are concentrated in the hands of one person or a group of persons.
Montesquieu based his observations on the writings of John Locke on separation of powers and checks and balances as they relate to the British constitution.
FURTHER READING: The Lockean Constitution
According to Montesquieu, the Separation of Powers implies that the three organs of government should perform their functions independently.
For example, the legislature must perform its sole function as a law-making body. In that case, ministers should not exercise legislative powers as well.
The executive must also restrict itself to law implementation only.
Likewise, the Judiciary is expected to concern itself with law interpretation only and be independent of both the executive and the legislature.
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What is Parliamentary System of Government?
The parliamentary or cabinet system is a system of government in which the majority party in parliament forms the government headed by a prime minister. The prime minister is a Member of Parliament who is the leader of the majority party in the House.
Nature of Separation of Powers in the Parliamentary System
Following is a simplified description of how the doctrine of Separation of powers operates in the parliamentary system.
This description is based mostly on the practice of the Separation of Powers in the parliamentary system of Britain.
1. Separation in Terms of Institutions
- Legislative power is vested in parliament
- Executive power is vested in the prime minister and his cabinet and
- Judicial power is vested in the courts.
2. Fusion of Powers in Terms of Personnel
Unlike the presidential system in the US (where separation of powers is found in terms of personnel), there is a fusion of legislative and executive powers in the same personnel in the cabinet system.
Here are some examples.
- The prime minister and cabinet ministers are members of parliament. Therefore there is no separation in personnel in terms of executive and legislative powers.
- Through delegated legislation ministers and administrative agencies perform legislative functions.
- Cabinet, through its parliamentary majority, can always force through legislation in the House of Commons.
- Office of the Lord Chancellor – It performs all three functions of government namely
- LEGISLATIVE –he is a member of parliament and the presiding member of the House of Lords
- EXECUTIVE – he is a member of cabinet and its principal legal adviser.
- JUDICIAL – he is a member of the high court of justice and the courts of appeal, and one of the judges of the House of Lords as well as head of the judiciary (Chief Justice)
3. Elements of Separation of Powers in the Parliamentary System
Despite the apparent lack of separation of powers at the level of personnel across all the three arms of government, there still exist key features of separation of powers in the parliamentary system of government.
Just take a look:
First of all, the fusion of powers between the executive and the legislature operates only at the topmost ministerial level; but not in the junior ranks e.g. Civil Service.
Secondly, Judicial independence, which is a key element of the separation of powers, is present in the cabinet system e.g. the tenure of judges is secured.
It is also significant to note that Checks and Balances, another key element of the separation of powers, is present in the cabinet system of government.
A few examples will do here.
In the parliamentary system, there is always an officially recognized opposition in parliament.
Additionally, there is a bicameral legislature in Britain. The second chamber acts as a check on the lower house to prevent the passage of ill-informed bills.
Then again, the parliamentary convention of collective responsibility makes sure that cabinet and parliament act as a check on each other:
- Parliament can pass a no confidence vote in the cabinet and bring force it to resign.
- The prime minister and his Cabinet may, in the event of a no confidence vote dissolve parliament and call for fresh elections. In this case, the electorate act as final arbiter in the conflict between cabinet and legislature.
Conclusion
In view of the above, one can safely conclude that in spite of the fact that there are aspects of separation of powers in the cabinet system of government, the picture is not as clear-cut as found in the presidential system. However, if the prevention of arbitrary rule or abuse of power by political office holders as a means to protecting individual liberties is the ultimate goal of separation of powers, then it is safe to conclude that the limited scope of separation of powers in the parliamentary system is still able to achieve these goals.
Thank you.
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