Alabama Constitution Section 43 - Separation of powers.
Alabama Constitution – Section 43
Separation of Powers
“In the government of this state, the legislative department shall never exercise the executive and judicial powers, or either of them; the executive shall never exercise the legislative and judicial powers, or either of them; the judicial shall never exercise the legislative and executive powers, or either of them; to the end that it may be a government of laws and not of men.”
Explanation:
Section 43 lays out the principle of separation of powers among the three branches of government:
Legislative Branch
Makes the laws.
Cannot perform executive or judicial functions.
Executive Branch
Enforces the laws.
Cannot legislate or carry out judicial functions.
Judicial Branch
Interprets the laws.
Cannot legislate or enforce laws.
Purpose:
To ensure checks and balances, where each branch of government operates independently and limits the power of the others.
To prevent abuse of power and protect individual rights by making sure no single branch has total control.
Emphasizes a "government of laws, not of men," meaning decisions should be based on law, not personal rule or arbitrary authority.
In Summary:
Section 43 affirms that Alabama’s government is structured to preserve liberty and prevent tyranny by keeping the legislative, executive, and judicial powers strictly separate.
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