Intro to Paralegal Studies Practice

Which principle prevents the concentration of powers in a single department?

1. Judicial review

2. Separation of powers

3. Checks and balances

4. Federalism

The correct answer is: Checks and balances

The correct principle that prevents the concentration of powers in a single department is the separation of powers. This principle is foundational in many democratic systems, particularly in the United States, where it divides government responsibilities into distinct branches: legislative, executive, and judicial. Each branch operates independently and has its own specific functions, which minimizes the risk that any one branch can dominate or misuse power. In your context, checks and balances relate to the systems that have been created to ensure that these branches can monitor one another, preventing any branch from becoming too powerful. However, while checks and balances serve to maintain accountability and balance among the branches, it is the separation of powers that fundamentally establishes their independence from each other. Judicial review pertains to the courts' power to assess the constitutionality of laws and government actions, and federalism refers to the division of powers between national and state governments. Both are important in their own right, but they do not specifically address the prevention of power concentration within a single department, which is core to the concept of separation of powers.