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Vadim26 [7]
3 years ago
13

The principle of checks and balances is based on the notion that

Law
1 answer:
MatroZZZ [7]3 years ago
7 0

Answer:

Power must be used to offset power

Explanation:

In Montesquieu's mind, in the principle of checks and balances, the powers of the state would be divided into: Legislative, Executive, and Judiciary. The legislature has the typical function of legislating and overseeing; the executive, to administer the public thing; the judiciary, judging, applying the law to a specific case before it, resulting from a conflict of interest. Applying the Brake and Balance System means restraining the abuses of other powers to maintain a certain balance. For example, the judiciary, by declaring the unconstitutionality of a law is a brake on the Legislative act that could contain arbitrariness, to the point that the balance is that all powers have different functions, thus, not having a hierarchy between them, making them harmonic and independent powers.

For this reason, we can conclude that the principle of brakes and counterweights is based on the notion that power must be used to offset power.

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