Checks and Balances in the World
Checks and Balances in Other Countries (Non-US)
Note: For information about the U.S. Checks and Balances Doctrine click hereIn the 18th and 19th centuries many European countries replaced monarchal rule with democracy. This meant that the authority of the kings and queens was replaced by the authority of an elected executive, usually a prime minister. Legislatures and courts became central features of these democracies, and most created basic civil liberties. As a result, in many countries the system of checks and balances that was initially created to balance monarchy, aristocracy, and democracy was gradually transformed into a system to balance executive, legislative, judicial, and popular power.
By the late 20th century nearly all economically developed countries had incorporated elements of checks and balances into their political systems. Even in countries such as Britain-where there is relatively little separation of government powers-government institutions still have checks on each other. The British Parliament, for example, selects the country’s prime minister, but the prime minister can be removed through a majority vote by Parliament of no confidence. This means that even though the chief executive is a member of the legislature, he or she does not have unlimited power once in office.
Many countries impose limits on one of the strongest checks on government authority: freedom of speech. Even some otherwise democratic countries have legislatures that can effectively impose bans on books, films, or other materials that they deem obscene or treasonous. In addition, most parliamentary systems permit the legislature to act as a court of appeals for important cases, giving the lawmakers the power to both write and interpret the laws.
But many countries have stronger systems of checks and balances. South Africa, for example, has a special constitutional court to act as a check on the judiciary, executive, and the legislature. Countries sometimes create independent agencies to handle politically sensitive tasks free from outside interference. The South African government, for example, created the Truth and Reconciliation Commission in 1995 to investigate crimes committed during the apartheid era.
In any political system, a system of checks and balances functions effectively only if the public and the political leaders agree on the basic elements of the system. If this legitimacy is lacking, then formal checks and balances written into the laws may not have any effect at all. The constitution of the Union of Soviet Socialist Republics, for example, created an independent judiciary and guaranteed civil liberties for individuals, but these were undermined by the system’s lack of legitimacy. The Communist Party dominated the political system and manipulated the courts. The lack of an independent judiciary meant that Soviet citizens could not press for change without fear of arrest or other retribution. As a result, scarcely any limits were imposed on government authority by the courts or from public protests. (1)