Separation of power is mainly a hallmark of President System. American political system stands as the model in this respect.
As Herman Finer says,
“the American constitution was consciously and elaborately made an essay in the separation of powers and is today the most important policy in the world which operates upon that principle.”
However, this provision is implicitly stated in the Constitution.
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In Kilbourn Vs. Thomson (1880) the American Supreme Court observed that “It is believed to be one of the chief merits of the American system of written constitutional law that all powers entrusted to government whether state or national, are divided into three general departments, the executive, the legislature and the judicial.
It is also essential to the successful working of the system that the persons entrusted with the power in any of these branches shall not be permitted to encroach upon the powers confided to others, but that each shall by the law of its creation be limited to the exercise of the powers appropriate to its own department and no other.”
The prominent implications of the theory are:
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1. American President is given wide range of powers viz; appointment of officials, policy making etc., in these respect there is no interference by the legislature or judiciary.
2. American President is not responsible to the Congress for his acts of omission or commission. He cannot be removed by the Congress except through impeachment.
3. The Congress discusses and decides a large number of issues pertaining to policy measures and questions of national or international importance. The President does not interfere in these aspects.
4. American President neither summons nor can dissolve the Congress.
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5. The American Supreme Court remains independent in its sphere of action.
However, to ward off the problems resulting from clear cut separation of power, there is provision of checks and balances. By these principles, each organ of the governments in spite of being separate and integral in itself controls each other. These include
Many of appointments made by and treaties entered into by the President need ratification on the Senate. Only then, they can become a law.
American President enjoys the Veto power over bills passed by the Congress.