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Trias politica: separation or balance of powers?

13 important questions on Trias politica: separation or balance of powers?

What is the first power in the trias politica?

the legislative power, which had the task of making, amending oor abolishing general laws.

What is the second power in the trias politica?

the executive power, which was given the task of implementing the laws in concrete cases.

What is the third power in the trias politica?

the juicial power, had to pass judgment on laws and on all conflicts that could be solved by rules of law.

According to Montesquieu, which power has to be completelyindependent?

the judicial power, when passing judgment, thereby preventing corruption and favouritism.

What are the 'checks and balances' we speak of nowadays?

The three powers prevent each other from becoming too powerful (checks) and in this way kepp each other in balance.

How can the legislative power monitor the executive power?

e.g. when parliament summons a minister o the Second Chaber to answer questions about his policies.

How can legislative power correct the judiciary power?

by drawing u a new improved law, as, for instance, when judges give a wider interpretation to a law than was intended y parliament.

How can judiciary power correct legislative power?

to fforce parliament otake more care when drawing up laws

How can the judicial power onitor the executive power?

by checking whether the ministers and civil servants have applied the law correctly.

What is the legsative power in the Netherlands?

–The parliamentvotes on allbillsand has, therefore, the last word. –However, because the government is entitledto introduce bills of itsownand has tosignalllaws, there is no question of a strictseperation of powers.

What is the executive power?

•The executive power: –The ministers form the executive branch. –Ministers have toensurethatlaws are implementedproperly. –Furthermore, ministers have the right to draw up new lawsand do soquiteoften. – –The Dutch government has legislative AND executive power: no absolute divisionbetweenpowers.

What is the judicial power

•The judicial power: –The third power is in hands of independent judges. –Judges are apointedfor life andcannotbedismissed. –In practice, the judges have plenty of leewaytointerpretlawsand the termsused in them. –One of the powers of judges is jurisprudence: •The sum of all the rulingsbyjudges.

Give an example that shows how these three powers work together?

–“On the advice of the former Minister of Justic, the Second and First Chamberpassed the ‘Obligationto Carry Identification’ Act (legislative power). –By order of the minister, the policeenforcethislaw(executive poawer). –Anyonewho has received a fine and has grave doubtsabout the justificationfor the fine canbring the matter beforean independent judge(judicial power).

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Rule of Law

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Trias politica: separation or balance of powers?

13 important questions on Trias politica: separation or balance of powers?

What is the first power in the trias politica?

What is the second power in the trias politica?

What is the third power in the trias politica?

According to Montesquieu, which power has to be completelyindependent?

What are the 'checks and balances' we speak of nowadays?

How can the legislative power monitor the executive power?

How can legislative power correct the judiciary power?

How can judiciary power correct legislative power?

How can the judicial power onitor the executive power?

What is the legsative power in the Netherlands?

What is the executive power?

What is the judicial power

Give an example that shows how these three powers work together?

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