GENEALOGY OF CHECKS AND BALANCES FORMULA ON THE CONSTITUTION

Abstract

On Research "checks and balances" in legal studies often raises high quality questions such as, does the checks and balances is a doctrine, principle, or legal theory, or maybe precisely the formula of power in politics. History been recorded, that in any discussions regarding the formation of the constitutional separation, division and smelting power is something that is popular to be discussed before and even after becoming the constitution. Therefore, the casting of checks and balances into the constitution is an interesting study to determine the portion and posture. This study will be using legal normative methodoloy, on the other hand, comparative studies on constitution which will be conducted and using classic and modern constitutional law literature. Several approach will be use on this research such as, historical, political, economical approach on understanding the practice on checks and balance which pouring in constitutions in some countries. This paper will be conclude that, there are many ways to divide power. Some constitutions use different types of division; others only a few uses. There is no single correct way to share power for all countries at all times. Instead, the crucial point for the purpose of this is that the different ways of sharing power have different effects. Because of checks and balances is the heart of constitutionalism constitutionalist has devoted a long time to research, the focus of research on the effects of different ways to divide power, both alone and in combination. But there is no constitutional system does everything well; there is always a trade-off, or the choice to be made. Some of the constitutional system are made, for example, tends to cause very inclusive but rather has a pattern of offending politically; others will lead to a little more exclusive, but also more stable in the political system. Some systems give rise to constitutional politics focuses on ideology but not local interests; others have focused on the interests of local politics but not ideologies, and so on. All the systems have advantages and disadvantages as well.