Ideally, the founders of the doctrine of separation of power come up with such doctrine to ensure that those who made the law could not execute it and those who implemented it could not make it satisfy their private needs. In the US, the separation of powers is very effective in that, no member of any of the three arms of the American government is supposed to be a member so the other arms at the same time. The principle of the rule of law in the American political system is based on the idea that while the parliament is supreme in enacting laws, it is the responsibility of the High Court to interpret that legislation and critically assess whether the proposed law is within the guidelines developed by the Constitution, and this way, the judiciary remains independent and detached from the other arms of the government.
Positive aspects of the US political framework
There are many positive aspects of the US political framework based on the separation of powers. These include liberty preservation, checks and balances, good governance, fairness and accountability, and limited government among others. First and foremost, the doctrine of separation of powers protects the liberty and constitutional rights of the people, and it also protects them from oppression. Liberty can only be preserved if appropriate checks and balances are put in place. Separation of powers provides a safeguard for liberty by ensuring that a single person or institution takes control over the activities of the government altogether. Basically, Separation of power preserves individuals’ liberty by checking the abuses of power that can infringe on liberty. It has been noted that there has to the separation of powers between the three arms of government for liberty to be preserved. In addition, the framers of the US political system developed the doctrine of separation of powers to avoid tyrannical leadership in America, that is, concentrating of all powers in one hand may promote abuse of power and tyranny. Therefore, there is a need to divide the powers of the government so that no man handles all of them simultaneously.