Checks and Balances in Social Groups

In society, there are various competing interests and needs, so it is necessary to have limitations to fulfill each of these interests fairly. This is where the law is present as a tool that is created and implemented in a certain area of sovereignty or social control. This law arises from a sense of justice and the ideal order desired by the community. Over time, this law can develop into customs or culture.

If we discuss politics as a tool to seize power and law as a tool to enforce power, there are mechanisms that regulate these two processes so as not to cause excessive conflict. The main objective of this arrangement is to maintain order or stability, especially when there is a change of power. This concept is known as check and balance, or control and balance.

Checks and balances cannot be separated from the evolution and historical development of politics and law in a social entity, such as a country. There are two main objectives in this concept:

  1. Ius Constitutum: Rules that have been established to prevent or encourage a certain action to be carried out immediately.
  2. Ius Constituendum: Expectations of a desired condition in the future, which has not been realized.