Question

.In 2006, the Supreme Court struck down President Bush’s plan to use military tribunals to prosecute persons captured in the war against terrorism, deciding that only Congress has the power to provide for the creation of such court-like bodies. On which constitutional principle is this decision based?

Answer 1

Answer:

Separation of powers

Explanation:

The decision of the Supreme Court is based on the principle of separation of power. Separation of power is based on the principle that the three different arms of government possess and acts within the confines of their own constitutionally delegated powers and no other arm should impede on the powers, responsibilities and roles of another. This principle is helpful in enforcing checks and balances between the arms of government. Based on the principle of separation of powers, the executive arm will be encroaching into the powers of the congress by trying to do the duties which by the provisions of the constitution are within the confines of the congress.