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Checks and Balances

Constitutional & Public Law Doctrines

Definition

A constitutional mechanism operating alongside the separation of powers, where each governmental branch possesses specific legal powers to monitor, regulate, and constrain the overreach of the other two branches.

Example

Parliament enacts a statute, but the Judiciary holds the power of judicial review to strike it down if it violates Part III; conversely, the Legislature holds the power to impeach judges for proved misbehavior or incapacity.