Separation of powers

The separation of powers (권력분립/權力分立, 삼권분립/三權分立) is a model for the governance of a state. Under this model, the state is divided into branches for checks and balances, each with separate and independent powers and areas of responsibility so that no branch has more power than the other branches. The normal tripartite division of branches is into a legislature, an executive, and a judiciary.

In terms of the governance of a state, there are two systems: presidential system and constitutional monarchic parliamentary system of government. The three branches of government (legislative, executive, judicial) exist largely independent of each other, with their own prerogatives, domains of activity, and exercises of control over each other. The legislative body has control of the executive finances, and has judiciary powers, it also has control of the way the judiciary works. The judiciary often has control of laws not being contradictory to the constitution or other laws and it has the power to correct and control the way the executive body exercises its powers (to execute the law).

Key words
separation of powers, legislature, executive branch, judiciary, checks and balances

In Korea
The government envisaged in the Constitution is a limited one. One major tenet pertaining to limited government is the principle of separation of powers. It is designed to set structureal limitations on constitutional arrangements to avoid the risk of official oppression by distributing governmental powers among different state branches and by allowing on branch to check and balance misguided or illegal actions of another.

Constitutional ground
The Constitution distributes governmental powers to the National Assembly, the Executive, the Courts, the Constitutional Court and the National Election Commission.

One feature the Constitution contains in this regard is that there are express provisions to guarantee autonomy and self-regulation of each branch. For example, each branch has the power to make rules of proceedings and internal regulations within the statutory boundaries in Article 64 (1), Articles 75 and 95, Article 108, Article 113 (2), and Article 114 (6), respectively.

Functional mechanisms
Aside from this formal distribution of powers, a subtle functional mechanism designed to impede the possible abuse of power is provided for in the Constitution.

A number of provisions vest consenting or approving power in the National Assembly. This ranges from consent to the appointment of certain public office holders like the Prime Minister, the Chairperson of the Board of Audit and Inspection, the Chief of Justices of the Supreme Court and the President of the Constitutional Court, consent to the conclusion and ratification of treaties listed in the Constitution like on pertaining to mutual assistance or mutual security, to approvals for emergency orders having the effect of Act.

The President is empowered to veto legislation if it deems necessary and the vetoed bill can be an Act only when re-passed with a concurrent vote of two thirds or more of the members of the Legislature present.

Even effective Acts can be subject to constitutional review by the Constitutional Court. Ordinary courts have jurisdiction over unreasonable or illegal governmental activities while the Constitutional Court is granted the power to determine whether activities or omission of legislative and executive branches infringes upon basic rights of the people.

Disputes over Power
It is sometimes very difficult, however, to draw a clear line between functions of different branches partly because even original functions of each branch can intervene in that of another or the relationship between them.

If the Legislature makes an obscure or overly broad law, it may result in the arbitrary use of power byt the Executive or the Judiciary. This may be incompatible not only with the rule of law, but also with the separation of powers.

In sum, it is notable that the present Constitution breaks with the old legacy of authoritarian presidency outclassing other branches, at least in constitutional arrangements, although there are still some criticisms challenging misguided or unreasonable practices deeply rooted in actual politics.