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The separation of powers is a western political theory about the structure of state power and the allocation of power resources, which advocates that the legislative, executive and judicial three kinds of state power are respectively controlled by different organs, and they are exercised independently and check and balance each other.
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In order to restrict feudal kingship, British scholar Locke divided state power into legislative power, executive power and external power. On this basis, French scholar Montesquieu put forward the theory of "separation of powers", and proposed that the above three kinds of powers should be handed over to three different state organs through legal provisions, so as to maintain their respective powers and maintain mutual constraints and balance.
The system of separation of powers has different forms in Western countries, and the representative ones are the presidential system in the United States, the cabinet system in the United Kingdom, and the two-head system in France. In the United States, the executive power refers to the government, the legislative power refers to the upper and lower house system of Congress, and the judicial power refers to the courts. In the period of Roosevelt's New Deal, the executive power expanded comprehensively and established a new pattern of separation of powers with the president as the center. The UK does not have a written constitution and has legislative power over the executive and judiciary, with a Supreme Court only established in 2010. During the establishment of the Fifth Republic, France established and implemented a semi-presidential and semi-parliamentary democracy. Therefore, only the United States implements a more complete separation of powers, while most other Western countries mainly practice a parliamentary system, and the legislative power and the executive power are not completely separated.
According to the provisions of our Constitution, our country implements the system of people's congress. This system is the fundamental political system of our country, and there is no political soil for implementing the Western "separation of powers".
In the political practice of Western countries, the separation of powers is almost never really realized. Even in the United States, the interpenetration of the three powers is common. The president has the power to veto legislation and can also exercise the legislative power in part by delegating legislation. The Supreme Court can participate in the policy-making of the administrative organs through the power of interpretation of the Constitution and the power of reviewing unconstitutional policies; Congress can use its appropriations power to participate extensively in executive decision-making. At the same time, the separation of powers can not fully and effectively restrict power, let alone the only way to restrict power, and the United States has not solved the problem of the lack of effective restriction of executive power.
