Political and Public International Law › Basic Concepts › Constitutional Design of Government Powers

2. Checks and Balances

Checks and Balances

SYSTEM OF CHECKS AND BALANCES

Principle of Checks and Balances

Allows one department to resist encroachments upon its prerogatives or to rectify mistakes or excesses committed by the other departments. (Cruz, 2014)

Executive Check on the other two branches

LEGISLATIVEJUDICIARY
Executive Check
Through its veto power.

Through the President’s power of pardon, the executive may remit the penalty or its consequences after final conviction, subject to constitutional limits; it does not annul the court’s judgment (1987 Constitution, Art. VII, Sec. 19).

Also, by power of appointment – power to appoint members of the Judiciary.

Legislative Check on the other two branches

EXECUTIVE JUDICIARY
Legislative Check
1. Override the veto of the President;


2. Reject certain appointments made by the President;

3. Revoke the proclamation of martial law or suspension of the writ of habeas corpus;

4. Impeachment;

5. Determine the salaries of the President or Vice President; and

6. Concur to or reject treaties the President may enter into.		 1. Enact or amend laws to change the rule applicable to future cases, subject to constitutional limits and without overturning final judicial decisions.

2. Impeachment of SC members;

3. Define, prescribe, apportion jurisdiction of lower courts: a. Prescribe the qualifications of lower court judges;

a. Prescribe the qualifications of lower court judges;

b. Impeachment; and

4. Determination of salaries of judges.

Authorities

  • Cruz