The separation of powers was first enshrined in the U.S. Constitution, in which the Founding Fathers incorporated the features of many new concepts, including hard-learned historical lessons about the separation of powers. Similar concepts were also important in U.S. state governments. As colonies of Great Britain, the founding fathers believed that American states had abused the broad power of parliamentarism and monarchy. To remedy this, the U.S. Constitution limits the powers of the federal government in various ways – in particular, the three branches of the federal government are separated by the exercise of different functions. The executive and legislative branches were originally separated by separate elections and the judiciary remained independent. Each branch controls the actions of the others and balances its powers in one way or another. Although the separation of powers is more closely linked to politics, this type of system can also be used in other organizations.

For example, there are good reasons to separate the positions of Chief Executive Officer (CEO) and President in order to increase controls and give real integrity to corporate governance. Since the primary role of the board is to oversee management on behalf of shareholders, the CEOs in both roles effectively monitor each other, resulting in potential abuse of authority and reduced transparency and accountability. The term “tripartite system” is commonly attributed to the French Enlightenment political philosopher, Baron de Montesquieu, although he did not use such a term, referring to the “distribution” of power. In L`Esprit des lois (1748),[11] Montesquieu describes the different forms of distribution of political power between a legislative, an executive and a judicial. Montesquieu`s approach was to present and defend a form of government whose powers were not too centralized in the hands of a single monarch or similar ruler (a form then known as “aristocracy”). He based this model on the constitution of the Roman Republic and the British constitutional system. Montesquieu argued that the Roman Republic had separated the powers so that no one could seize full powers. [12] [13] [14] In the British constitutional system, Montesquieu recognizes a separation of powers between the monarch, parliament and the courts.

[15] In order to provide an adequate basis for this separate and distinct exercise of the various powers of government, which is to some extent recognized by all parties as essential to the preservation of liberty, it is clear that each department should have its own will; and should therefore be composed in such a way that the members of each have as little freedom of choice as possible in the appointment of the members of the others. If strictly followed, this principle would require that all appointments to the highest executive, legislative and judicial branches come from the same source of authority, the people, through channels that have no communication with each other. Perhaps such a plan for the establishment of the various departments would be less difficult in practice than could be envisaged. However, some difficulties and additional costs would come with enforcement. Certain derogations from the principle must therefore be allowed. In particular, with regard to the composition of the Justice Division, it may be inappropriate to insist strictly on the principle: first, because special qualifications are essential for Members, the primary consideration should be to choose the type of choice that best guarantees those qualifications; Secondly, because the indefinite term of office by which appointments are exercised in this department must quickly eliminate any feeling of dependence on the authority that confers on them. The separation of powers is an organizational structure in which responsibilities, powers and powers are distributed among groups rather than centralized. Separation of powers is an approach to state governance. According to this, the government of a state is divided into branches, each with distinct and independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches.

The typical division is divided into three branches: a legislative, an executive and a judicial, which corresponds to the trias politica model. It can be compared to the merging of powers in parliamentary and semi-presidential systems where executive and legislative powers overlap. Systems of complete separation of powers are almost always presidential, although this is not necessarily the case in theory. There are some historical exceptions, such as the Directory system of revolutionary France. Today, Switzerland offers an example of non-presidential separation of powers: it is headed by a seven-member executive, the Federal Council. However, some might argue that Switzerland does not have a strong system of separation of powers, as the Federal Council is appointed by parliament (but does not depend on parliament) and although the judiciary has no supervisory powers, the judiciary is still separate from other branches. Separation of powers is a doctrine of constitutional law according to which the three branches of government (executive, legislative and judicial) are separated. This is also called the system of checks and balances, because each branch has certain powers to control and balance the other branches. According to Sun Yat-sen`s idea of the “separation of the five powers”, the government of the Republic of China has five branches: it has established the three supreme powers as legislative, executive and judicial, but has also created two other autonomous organs of the state that have equal power but not of equal rank. The first is the Tribunal Supremo de Elecciones de Costa Rica (electoral district), which monitors elections and makes unique and indisputable decisions on their results.

The separation of powers is more closely linked to political systems in which the legislative, executive and judicial branches of government are located in separate bodies. The separation of powers refers to the division of powers into different branches of government, each with its own responsibilities. The purpose of the separation of powers is to prevent the concentration of unchecked powers and to provide checks and balances when the powers of one branch of government are limited by the powers of another – to prevent abuse of power and avoid autocracy. The Constitution of the Czech Republic, adopted in 1992 just before the dissolution of Czechoslovakia, established the traditional tripartite separation of powers[25] and continued the tradition of the constitutions that preceded it. The Czechoslovak Constitution of 1920, which replaced the provisional constitution adopted by the newly independent state in 1918, drew on and maintained this division from the constitutions of established democracies such as the United Kingdom, the United States, and the France,[26] as well as subsequent constitutional amendments that followed in 1948 with the May Ninth Constitution. the Constitution of Czechoslovakia of 1960 and the Constitutional Act on the Czechoslovak Federation of 1968.