Question

Difficulty: MediumSeparation of Powers and Checks and Balances

Under the principle of separation of powers as formulated by Baron de Montesquieu, checks and balances dictate that the executive branch has the constitutional authority to override a judicial interpretation of the law by passing a new executive decree.

Answer: Answer

Answer

False. The executive branch cannot override judicial decisions through executive decrees in a system of separation of powers with checks and balances.
The statement is false because under a constitutional democratic system with checks and balances, judicial rulings on the interpretation of the law cannot be overturned by executive decree. The judiciary retains independence and the power of judicial review to check both executive and legislative actions.

Step-by-Step Solution

1
Analyze the core doctrine of separation of powers and checks and balances.
Separation of powers assigns distinct functions to three organs: Legislature (law-making), Executive (law enforcement), and Judiciary (law interpretation).
To prevent arbitrary power, no single branch can usurp the primary function of another branch.
2
Evaluate the role of executive decrees versus judicial rulings.
Judicial interpretation and review are exclusive powers of the judiciary to ensure actions conform to the constitution.
Allowing executive decrees to override judicial decisions would destroy judicial independence and lead to executive tyranny.

Key Concept

Separation of Powers and Checks and Balances
Rate this question