Alabama Constitution Section 42 - Legislative, executive and judicial departments established.
Alabama Constitution – Section 42: Legislative, Executive, and Judicial Departments Established
Text:
"The powers of the government of the State of Alabama shall be divided into three distinct departments—legislative, executive, and judicial; and none shall exercise any power properly belonging to either of the others, except in the cases herein expressly directed or permitted."
🔍 Explanation:
Section 42 establishes the doctrine of separation of powers in Alabama's state government. It divides state authority into three co-equal branches:
Legislative – Makes the laws.
Executive – Enforces the laws.
Judicial – Interprets the laws.
🚫 Prohibition:
Each branch must not interfere with or exercise the core powers of the others, unless specifically allowed by the Constitution.
⚖️ Purpose:
To prevent abuse of power by concentrating authority in one branch.
To ensure checks and balances among the branches.
To maintain constitutional governance and accountability.
This mirrors the U.S. Constitution’s framework and is fundamental to republican government principles.
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