Tag: USA

The principle of checks and balances refers back to the separation of powers introduced by the French political theorist Montesquieu in his writings “De l’esprit des loix” in 1748. 40 years later in 1788 James Madison wrote as §51 in “The Federalists Papers” explicitly about the system of checks and balances as part of the constitution of the USA. For maintaining the principle of separation of powers it is necessary to install a system of checks and balances between the powers to prevent one power dominating the others. These well-known principles of democracy face, nevertheless, continuous challenges as to the balance of the powers (legislative, executive, judiciary). In order to safeguard democracy a basic scepticism towards the exercise of power is warranted. “In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself. A dependence on the people is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions.” (Federalist Papers, 1788, p. 239).
The necessity of auxiliary precautions has led modern democracies to a multiplicity additional checks and balances. Independent Anti-fraud offices, disciplinary committees within the separate powers as well as the checks and balances between the separate powers play a role in the survival of democracy. Recently, in July 2023 services like the internal service of the police to overlook the adequate execution of the force applied by police have been much in the headlines. Checks and balances apply to each branch of separate powers internally, and if they prove inadequate, they have to be corrected by other powers. This is the procedural as well as fundamental interaction within the separation of power. Presidential systems, where this system of checks and balances has major deficiencies, are very likely to fail its people through an overpowering executive. Neither the country of Montesquieu, nor of the Federalists is free of these dangers. Freedom of speech, freedom of movement and to meet with people, all contribute to strengthen checks and balances in a democracy. “A dependence on the people is, no doubt, the primary control of the government” (p.239).