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Checks and Balances


Although judicial limitation is the most important mechanism to constrain powers, it cannot be the only mechanism. Without other limitation mechanisms, judicial limitation would not function properly and may cause the failure of effective judicial limitation. Incorporating the principles of separation of powers and checks and balances into the constitutional instrument can give legitimacy to checks on powers and should not be considered to be a hindrance to governance. An ombudsman, an independent police complaints commission and an audit agency are other effective limitation mechanisms. A robust civil society and an independent media can help constrain powers. Corruption under adequate control is an important indicator to determine whether powers are being constrained effectively.

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