Assistant Professor, Department of Public Law, Faculty of Law, Tarbiat Modares University, Tehran, Iran
10.48311/clr.2026.101635.0
Abstract
The system of checks and balances offers a functional interpretation of the traditional theory of separation of powers, aimed at enhancing its efficiency and safeguarding citizens' rights and freedoms against governmental corruption. This system, exemplified in the constitutional framework of the United States, is grounded on certain philosophical and political assumptions held by its architects, and was designed to achieve specific objectives. However, evidence indicates that this theory has failed to realize its intended goals. Utilizing a descriptive-analytical approach and library-based data, this study examines the primary question of whether the system of checks and balances in the United States has successfully achieved its intended objectives. The findings suggest that the lack of shared assumptions, foundations, and objectives, as well as the inefficacy of this system in fulfilling its primary aims, are among the most significant reasons for the shortcomings of this theory in the U.S. legal framework
bahadori jahromi,A. (2026). A Critical Review of the Theory of Checks and Balances in the Constitutional System of the United States. (e28659). Comparative Law Researches, (), e28659 doi: 10.48311/clr.2026.101635.0
MLA
bahadori jahromi,A. . "A Critical Review of the Theory of Checks and Balances in the Constitutional System of the United States" .e28659 , Comparative Law Researches, , , 2026, e28659. doi: 10.48311/clr.2026.101635.0
HARVARD
bahadori jahromi A. (2026). 'A Critical Review of the Theory of Checks and Balances in the Constitutional System of the United States', Comparative Law Researches, (), e28659. doi: 10.48311/clr.2026.101635.0
CHICAGO
A. bahadori jahromi, "A Critical Review of the Theory of Checks and Balances in the Constitutional System of the United States," Comparative Law Researches, (2026): e28659, doi: 10.48311/clr.2026.101635.0
VANCOUVER
bahadori jahromi A. A Critical Review of the Theory of Checks and Balances in the Constitutional System of the United States. Comparative Law Researches, 2026; (): e28659. doi: 10.48311/clr.2026.101635.0
