SEPARATION OF POWER The model was first developed in ancient Greece and came into widespread use by theRoman

Republic as part of the unmodified Constitution of the Roman Republic. Under this model, the state is divided into branches, each with separate and independent powers and areas of responsibility so that no branch has more power than the other branches. The normal division of branches is into an executive, a legislature, and a judiciary. For similar reasons, the concept of separation of church and state has been adopted in a number of countries, to varying degrees depending on the applicable legal structures and prevalent views toward the proper role of religion in society. *The parallel is that the three branches of government (legislative, executive, judicial) exist largely independent of each other, with their own prerogatives, domains of activity, and exercises of control over each other.

The legislative body has control of the executive finances, and has judiciary powers, it also has control of the way the judiciary works. The judiciary often has control of laws not being contradictory to the constitution or other laws and it has the power to correct and control the way the executive body exercises its powers (to execute the law)

The difference between the two systems is:

In presidential systems, the incumbent of the Head-of-state is elected to office and, after transfer of power, appoints his administration (like in the United States, with unitary executive) or a government headed by a prime minister is formed within the parliament, based on the elected majority (like in France). The latter might lead to a "cohabitation" where a president and his government belonging to different parties or coalitions. In constitutional monarchic parliamentary systems, only the legislative body is elected and a government formed on the basis of majority or a coalitions of parties. Elected members of parliament have to resign from their mandate in order to accept an executive office. This is true in regional and local councils are elected and the executive nominated. In a parliamentary system, when the term of the legislature ends, so too may the tenure of the executive selected by that legislature. However, in a presidential system, the executive's term may or may not coincide with the legislature's, as their selection is technically independent of the legislature.

Two-branch power systems may have systems in which certain branches have more than one power. Often a legislative body is elected, while the executive is nominated. The nominated executive branch also has power of presenting legislation, while the legislative body only has a controlling function. In those systems, the judiciary is subservient to the executive and has no power to control either the executive or the legality of new legislative texts.

The separation of powers is a doctrine which provides a separate authority that makes it possible for the authorities to check each other's checks and balances (Executive Authority Act 1936). Legislative (Congress)

Executive (President) Is the commander-inchief of the armed forces Executes the instructions of Congress. May veto bills passed by Congress (but the veto may be overridden by a twothirds majority of both houses) Executes the spending authorized by Congress. Declares states of emergency and publishes regulations and executive orders. Makes executive agreements (does not require ratification) and signs treaties (ratification requiring by two-thirds of the Senate) Makes appointments to the federal judiciary, federal executive departments, and other posts with the advice and consent of the Senate. Has power to make temporary appointment during the recess of the Senate

Judicial (Supreme Court) Determines which laws Congress intended to apply to any given case Exercises judicial review, reviewing the constitutionality of laws Determines how Congress meant the law to apply to disputes Determines how a law acts to determine the disposition of prisoners Determines how a law acts to compel testimony and the production of evidence Determines how laws should be interpreted to assure uniform policies in a top-down fashion via the appeals process, but gives discretion in individual cases to low-level judges. The amount of discretion depends upon thestandard of review, determined by the type of case in question. Federal judges serve for life

Passes bills; has broad taxing and spending power; controls the federal budget; has power to borrow money on the credit of the United States (may be vetoed by President, but vetoes may be overridden with a twothirds vote of both houses) Has sole power to declare war. Oversees, investigates, and makes the rules for the government and its officers. Defines by law the jurisdiction of the federal judiciary in cases not specified by the Constitution Ratification of treaties signed by the President and gives advice and consent to presidential appointments to the federal judiciary, federal executive departments, and other posts (Senate only)

Has sole power

Has the power to grant

of impeachment (House of Representatives) and trial of impeachments (Senate); can remove federal executive and judicial officers from office for high crimes and misdemeanors

"reprieves and pardons for offenses against the United States, except in cases of impeachment."