What is the 'separation of powers' in the USA and how is it different to the UK system of government?

The separation of powers is a way of organising government. It divides the government into three branches: the legislature (makes laws); the executive (carries out laws) and the judiciary (interprets law). Each branch is given their own separate and individual powers as well as responsibilities in order to prevent tyranny. They each have their own ‘checks and balances’ which they can use to prevent other parts of government from becoming too powerful. For instance, the executive branch can veto a law passed by the legislature as a means of keeping check on that branch. This was evident in 2016 when Obama vetoed the Restoring Americans' Healthcare Freedom Reconciliation Act. However, it could be argued that the powers are not truly separated as the branches are forced to cooperate through checks and balances.The separation of powers contrasts with the UK system of government as they have a fusion of powers. This means that the executive and the legislature are intermingled. For instance, the Prime Minister is also a member of parliament and therefore part of both branches of government. However, the judiciary is separate. The idea of the separation of powers, came out of Montesquieu’s critique of the fusion of powers seen in the UK. This is because he believed that there is ‘no liberty’ when the executive and legislature are joined together as it results in tyranny.

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