Checks and Balances in Governance – frustrating… but fundamental

The inspiration for this article came to me when I was working with a charity with an extremely complicated structure. One of the unintended consequences of this structure was that, in practice, some of the most significant decisions were made by a group of people who were individually answerable to a range of Boards, but who collectively were answerable to… no one. As a result, it was very difficult to make decisions at all, and those decisions that were made were often not in the best interests of the central charity. They lacked the checks and balances of a clear governance structure.

Keeping power under control
I think many of us were impressed by King Charles’ eloquent and powerful address to the US Congress in April 2026. In a carefully worded but unambiguous section that particularly resonated with me (although perhaps not with his main intended audience!) he said, “…and those roots go even further back in our history: the US Supreme Court Historical Society has calculated that Magna Carta is cited in at least 160 Supreme Court cases since 1789, not least as the foundation of the principle that executive power is subject to checks and balances.”

Checks and balances are an important part of good governance. Put simply, they help make sure that power is shared and properly monitored – whether within a government, charity, or commercial organisation. They stop too much control from sitting with one person, team or department. Checks and balances help keep things open, fair, accountable and stable.

Preventing tyranny
The idea of checks and balances in governance is not exactly new. In the Roman Republic, power was shared between groups such as the Senate, Consuls and Assemblies, so that no single group could easily take over. In 1748 Montesquieu argued in his book The Spirit of the Laws that power should be separated to help prevent tyranny. His ideas influenced many modern state constitutions, where the legislative, executive and judicial branches have been designed to keep each other in check. Over time, the same basic principle has been applied to a whole range of organisations, including charities.

One of the main reasons checks and balances matter is that they make it harder for power to be abused. When responsibility is shared between different people or groups, there is less risk of corruption, poor decisions or one person acting alone. For example, if a charity’s executive team wants to make a major change, the board of trustees may need to approve it, and independent auditors may also review whether it is legal, ethical and financially sound. This creates several layers of oversight. It also encourages discussion, challenge and careful decision-making.

Getting the balance right
Checks and balances can, of course, also cause frustration. If power is split too much, decision-making can become slow or difficult, especially in a crisis. Sometimes people may use the system to block changes for the wrong reasons. The system only works well when everyone involved takes their responsibilities seriously. If they do not, checks and balances can break down. The challenge is to find the right balance between proper oversight and the ability to act quickly when needed. This is an ongoing balancing act, requiring constant attention and adjustment – especially by a charity’s Chair and Chief Executive.

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