Question: According To the reading below, are powers and responsibilities assigned according to abilities and in place to prevent misuse and conflict? Explain me why!

Post 1: Separation of powers

Political doctrine of constitutional law under which the three branches of government (executive, legislative, and judicial) are kept separate to prevent abuse of power. Also known as the system of checks and balances, each branch is given certain powers to check and balance the other branches.

Executive Power: President

The power legally empowered to an executive based on the legal principle of checks and balances and the legal principal of separation of powers, justice, equality, rule of law, employment law, the universal declaration of human rights and human rights legislation.

Legislative Power: Congress

The Legislative Branch consists of the House of Representatives and the Senate, which together form the United States Congress. The Constitution grants Congress the sole authority to enact legislation and declare war, the right to confirm or reject many Presidential appointments, and substantial investigative powers.

Judicial Power: Supreme Court

The judicial branch determines whether the Constitution allows certain laws to be passed. If the Supreme Court decides that a law passed by Congress is not allowable, then the law is considered unconstitutional and is erased. This gives the Supreme Court a tremendous amount of power

Post 2: Stare Decisis

The operation of the doctrine of stare decisis is best explained by reference to the English translation of the Latin phrase. "Stare decisis" literally translates as "to stand by decided matters". The phrase "stare decisis" is itself an abbreviation of the Latin phrase "stare decisis et non quieta movere" which translates as "to stand by decisions and not to disturb settled matters".

Basically, under the doctrine of stare decisis, the decision of a higher court within the same provincial jurisdiction acts as binding authority on a lower court within that same jurisdiction. The decision of a court of another jurisdiction only acts as persuasive authority. The degree of persuasiveness is dependent upon various factors, including, first, the nature of the other jurisdiction. Second, the degree of persuasiveness is dependent upon the level of court which decided the precedent case in the other jurisdiction. Other factors include the date of the precedent case, on the assumption that the more recent the case, the more reliable it will be as authority for a given proposition, although this is not necessarily so. And on some occasions, the judge's reputation may affect the degree of persuasiveness of the authority.