The principle of separation of powers is enshrined in the Constitution of advanced countries.
According to the principle of separation of powers, all power can not belong to one person or entity. This leads to the abuse of power. Therefore, you must power-sharing powers between the various bodies.
Sharing power is held horizontally between the legislative, executive, judicial and supervisory control. Each of these branches is independent, independent in performing its duties to other authorities, separately organized. The relationship between the individual branches is regulated by a system of checks and balances and cooperation. Vertical division of power is in the unitary states between central and local, and federal - between the federal government and the government of the Federation.The main requirement of the principle of separation of powers, which has been formulated by John Locke and Charles-Louis Montesquieu, is the assertion of political freedom, the rule of law and ensuring the elimination of abuses of power by all social groups, institutions or individuals. All power in the state is divided into legislative, executive and judicial. Legislative power is elected by the people and the strategy for the development of society through laws. The executive power shall be representative and engaged in the implementation of laws and operational and business activities. The judiciary is the guarantor of redress and just punishment of those responsible. It is very important to have a flexible system of «checks and balances». The system of «checks and balances» means the combination of legal restrictions on the particular government: legislative, executive and judicial. An important role in the system of checks and balances on the legislative power is played by the head of state who has the right to apply the suspense veto on laws passed by Parliament. For the executive power there are widely used restrictions of departmental rulemaking and delegated legislation (terms of presidential power, impeachment vote of confidence in the government.) As for the judiciary, there are constitutional means, procedural law, the presumption of innocence, equality before the law and the courts, the right to legal defense, transparency and competition process.
The main purpose of the separation of powers is the creation of effective mechanisms and institutions that would prevent excessive concentration of political power in the hands of a public authority to the detriment of others.
However, for this simple formulation is a long historical period, during which this principle as a principle of law was sufficiently developed in theory and found practical expression in the individual countries. It was a long and difficult road, and this principle has emerged as a response to the challenges of absolutism, when power was concentrated in the same hands, and where this power sometimes used as a mechanism in no sectarian violence.For a democratic society the principle of separation of powers is particularly important and significant. It expresses not only a division of labor between the public authorities, but also moderation, dispersal of state power, it warns its concentration, its transformation into an authoritarian and totalitarian power. This principle in a democratic society requires that all three of equal power should be equal to the force as counter to each other and can inhibit one another, to avoid the domination of one of them. For example, the transformation of managerial power in an authoritarian and legislative of «omnipotence» totalitarian power, subjugate and control and justice.
It is clear that the most democratic constitution, which provides the most extensive rights of the population, the separation of powers, rule of law, etc., becomes a simple declaration, if its implementation is not based advanced, comprehensive, hierarchical structures, consistent legal system.
Questions for the self-control:
1. What means the «mechanism of the state»?
2. What are the main functions of the state?
3. Please, account the legal forms of the functions of the state.
4. What means the «organizational form of the functions of the state»?
5. Please, give the classification of the functions of the state.
Taskfor srs:
Please, discuss the main functions of the state apparatus.
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