Chapter 101 The Infeasible Change of National Policy

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Zhang Jiashi came from a later life, and as a traverser, before he crossed over, he had heard some words, but he couldn't agree with them. Pen Fun Pavilion wWw. biquge。 info

This is more due to the limitations of some of the education methods that Zhang Jiashi himself received.

But there is one thing that Zhang Jiashi has to pay attention to, that is, in the more than ten years he has traveled, he has gone from an unknown traveler to the regent who is currently in charge of the Great Qin Empire.

And the things that made him once distressed have such a concept.

That is the separation of powers.

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In later generations, the separation of powers, also known as the separation of powers, was the founding principle of the basic political system of Western countries.

The political separation of powers refers to the independence and balance of the legislative, executive and judicial powers. In the United States, the executive power refers to the government, the legislative power refers to the Senate and House of Representatives system in Congress, and the judicial power refers to the courts. The separation of powers has well implemented the main idea of "constitutionalism." It has achieved the goal of governing the country according to the constitution, and it is also the fundamental appearance of a country ruled by law, and it is the guarantee of the rule of the people to curb the emergence of absolute dictatorship.

The separation of powers is a political doctrine that advocates a clear distinction between the executive, legislative, and judicial powers of the government to avoid abuse of power.

The idea of the separation of powers originated in the three divisions of God, namely the Son, the Father, and the Holy Spirit.

The origin of the principle of separation of powers can be traced back to the time of Aristotle, who put forward the famous theory of the three elements of government, he for the first time divided the power of the state into deliberative power, executive power and judicial power, and believed that the chaos of the state is transferred by whether the three powers are reconciled or not. On the basis of the three elements of the political system, the ancient Roman Polybius proposed that the three elements should be able to cooperate with each other and check each other.

In the 17th century, the publication of the famous British thinker Locke showed that the theory of decentralization in the modern sense was initially formed. Locke has a detailed description of the theory of separation of powers. He divided state power into legislative, executive, and external powers, and that legislative and executive powers should be exercised by different state organs, while executive and external powers should be exercised by one organ. The legislative power belongs to the parliament, the executive power belongs to the king, and the external power, which involves peace and war, diplomacy and alliances, is also exercised by the king.

Following Locke, the French Enlightenment thinker Montesquieu further developed the theory of separation of powers and put forward the famous theory of "separation of powers". In it, he divided the power of the state into three types: the legislative, the executive, and the judicial. The so-called separation of powers is a legal provision whereby the three powers are under the jurisdiction of three different state organs, which not only maintain their respective powers, but also maintain mutual checks and balances.

Montesquieu's idea had a great influence on the framers of the US Constitution, which stipulates that Congress can impeach the president, but only a few presidents have been impeached in the more than 200 years since the founding of the United States; in 1868, the US Senate rejected the impeachment of President Andrew Johnson by only one vote; in 1974, President Nixon voluntarily announced his resignation due to the Watergate scandal and was not impeached; and in 1999, the US Senate rejected the impeachment of President Clinton.

Decentralization is to prevent excessive concentration of power leading to abuse of power.

Our ancient governance of the country has understood this. Administrative officials are subject to the supervision of the Metropolitan Procuratorate and are bound by law.

Even in modern times, where the power to legislate and use taxes is usually held in the people's congresses, which represent the will of the people, the independence of the judiciary lies in preventing the abuse of power by law enforcement agencies.

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The mode of realization of the separation of powers varies among the major capitalist countries, but the reality is that only the United States implements the "separation of powers", while the vast majority of other Western countries have a parliamentary system. The salient feature of Western parliamentary states is that there is no separation between the legislative and executive powers.

Parliament is not only the legislature of the State, but also the centre of power of the State. Executive power is exercised by the Parliament, and the Prime Minister, who is also elected by the Parliament. They belong to both the legislative and executive branches. In other words, the legislative power and the executive power are essentially one. Not only is the two powers symbiotic, i.e., the election of the members of parliament is also indirectly the election of the prime minister, but also the co-destruction, that is, the prime minister must maintain the support of the majority of the members of the parliament, otherwise he must either step down or dissolve the parliament and hold a new general election.

Not only that, but generally speaking, there is no term limit in parliamentarism, and as long as the parliamentary majority supports the prime minister, the prime minister can stay in office forever. Under a parliamentary system, the government is formed by and accountable to the parliament by the party that holds the majority of seats in parliament. The United Kingdom is a typical parliamentary country. Under the parliamentary system, party politics is essentially the hand behind the control of parliamentary politics, and "parliamentary supremacy" is essentially "the supremacy of the ruling party". Japan's rapid development after World War II was dominated by the Liberal Democratic Party (LDP) for a long time. The political model adopted by countries and regions in Asia that became the Tigers was dominated by military men in Korea, Chiang Ching-kuo monopolized Taiwan ******in Taiwan, long family rule in Singapore, and British colonial governors in Hong Kong before 1997.

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The more representative ways of separation of powers are the following three:

U.S. Presidential:

The U.S. Constitution stipulates that Congress can impeach the president, but in the more than 200 years since the founding of the United States, Congress has never passed a presidential impeachment motion. In order to protect civil liberties and limit the power of government, they embraced Montesquieu's idea of clearly separating the executive, judicial, and legislative within the U.S. Constitution, and allowing them to check and balance each other. At that time, this kind of constitutional system was an unprecedented new attempt. To this day, the separation of powers in the US federal government is still relatively complete among many democracies. Most state governments in the United States have the same constitutional structure.

A common problem with the separation of powers is how to resolve the contradictions between the executive and the legislature. One way to do this is to adopt a parliamentary system. Under a parliamentary system, the executive branch is led by a majority of the legislature. The executive and the legislative are not completely separated. In modern times, it is generally accepted that a successful and stable liberal democracy does not necessarily require a complete separation of powers. In addition to the United States, South Korea, France, the Philippines, Russia, Indonesia, Pakistan, Bangladesh, Indonesia, Ivory Coast, Cameroon, Gabon, Rwanda, Kenya, Mexico, Guatemala, Botswana, Brazil, Chile, Argentina, and most Latin American countries and most Central Asian and African countries have presidential systems.

Even in the United States, where the separation of powers has been the most successful, there are still obstacles in how to resolve the contradictions between the three departments. During the Great Depression in 1929, Roosevelt came to power and issued a series of decrees and authorized Congressional authority to gain unprecedented power in the history of the American president. But U.S. federal courts routinely overturn some orders.

As a result, in January 1935, the Supreme Court voted 8-1 to declare Roosevelt's unconstitutional. In the same year, when an unemployed worker tried to use it to obtain wage compensation, the prosecution's lawyer directly pointed out that the bill violated the 14th Amendment to the U.S. Constitution. In order to implement the New Deal, Roosevelt held a "fireside chat" on March 6, 1936, pointing the finger at the judiciary and asking Congress to allow him to increase the number of Supreme Court justices without limit, indirectly placing the judiciary under the jurisdiction of the executive branch. This has sparked a heated discussion across the country. The Supreme Court later ruled that it was not unconstitutional. Some people believe that the justices at that time backed down in order to ensure the political structure of the separation of powers.

British Cabinet System:

The separation of powers in Britain is very different from that in the United States, mainly because the political reality in Britain is different from that in other places. The British Parliament consists of the House of Upper and Lower Houses.

The House of Lords, also known as the House of Lords, is mainly composed of royal descendants, hereditary nobles, newly feuded nobles, judges of the Court of Appeal, and important figures of the Church. The House of Lords is the highest judicial body in the United Kingdom, and according to British tradition, the Speaker of the House of Lords is also the Lord Chancellor. The Lord Chancellor, also known as the Secretary of State, is a powerful and powerful national leader of the judiciary as well as a cabinet minister.

The House of Commons, also known as the House of Commons or the House of Representatives, is a member of the House of Commons who are directly elected by the electorate on the basis of majority representation in small constituencies.

The House of Commons exercises legislative, financial and administrative powers. The legislative process is generally to introduce a bill, debate it in Parliament, pass it through three readings, send it to the House of Lords for approval, and finally submit it to the Crown for approval and promulgation. The financial power of the Parliament is exercised by the House of Commons, and the financial power is held by the Cabinet. The power of Parliament to supervise the executive is to question the work of the Government Ministers through the Parliamentarians, to debate the policies of the Government, to ratify or reject treaties concluded by the Government, and to raise motions of no confidence in the Government.

Compared with the House of Commons, the House of Lords has relatively limited powers, and its powers mainly include the right to set aside the veto and the power to review bills passed by the House of Commons. If the House of Lords does not agree to a bill passed by the House of Commons, it can only delay the bill for one year before it takes effect, and for a bill passed by the House of Commons, it can only delay it for one month. The House of Lords retains its historical judicial power and is the highest court of appeal in the United Kingdom and the highest judicial body in the United Kingdom. The House of Lords has jurisdiction to hear all civil and criminal appeals except those in Scotland and also to hear cases of nobility and impeachment in the House of Commons.

Basically, Britain is also a country with separation of powers, but due to history, Britain does not have an explicit constitution, so that the legislative power has a higher status than the other two powers in the separation of powers

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