The Purpose of Checks and Balances
At the heart of any human system maintaining it's function is the realization that we aren't dealing with machines. Machines function as designed, or not. When they don't function as designed they are broken and either need to be fixed, patched or discarded. Humans, at their best, don't always function as designed. The virtue of a machine is that it is a tool that does something. The virtue of humans is that we use tools to do things. The vice of our tool use is that we can use those tools for good or ill, for selfish purposes or as intended. People use drugs recreationally that intended to treat pain. People steal from their businesses. The purpose of checks and balances is to keep ourselves in line. The principles are to prevent abuse and to mitigate its occurrence.
Separation of powers has two purposes:
- To reduce the temptation to abuse power.
- To provide a glass barrier that leaves a record when folks break the rules
- Irregularities must be recorded and audited periodically
- Infractions must be punished according to set and regular rules
- Those entrusted with separated powers must not be allowed to defeat the rules.