Separation of powers - a doctrine that comes from the need for approval of the division of the state (in the broadest sense - any other) authorities and autonomous vzaimokontroliruyuschie branches.With regard to the government is supposed to divide the legislative branch, executive and judicial.
constitutional principles of separation of powers for the first time as the right idea have been proposed by J.. Locke in his theory of the "social contract."This happened in 1689.As the political and legal category, the principles were extended to the mid-18th century after the appearance of works SH.-L.Montesquieu.
But we should not assume that this is a period of time and the beginning of the practical implementation of the idea.Some principles or elements found in the theoretical developments of ancient thinkers.Thus, Aristotle offered to share power on the branch, but as such led the legislature, the judiciary and officials, where each branch is headed by a separate body.
principles of separation of powers as the legal standard have been implemented in the US Constitution, the authors - "founding fathers" - still isolated and the principle of "vertical" division, which was to regulate relations between the federal center and the states.By the early 19th century, the principles of separation of powers have been widely recognized as one of the major tenets of the state-legal science, which, nevertheless, continued to develop, for example, in some countries, a list of principles interpreted broadly - stood as independent also founding, control,Election branches.
As political and legal idea of the separation of powers suggests that their very presence in the law and practical implementation are the basis for the construction and operation of a modern state.
principles of separation of powers involve a number of organizational and meaningful solutions that extend the basic model in the design of state and law.They stipulate that each type of power carried out by specially created for this government: legislature - the Parliament, the executive - the executive authorities (Cabinet), the judiciary - judicial system.This is approved by the relative independence of the activities of all these institutions, which is technically realized by the separation of powers and spheres of authority.
government functions are distributed so that the powers are not duplicated in the actions of their bodies as well as to each of the branches can to some extent control the other branch.In States with a multi-level system of construction of the form of state-territorial structure (the Federation) and in addition, provides for a clear division of powers between government bodies and central regions are part of the state.The modern model of separation of powers includes the requirement to ensure a legal balance between the branches.This is done in order to avoid the legal domination of one over the other branches, and thus do not cause the State to establish a totalitarian political regime, for which the design and it is this characteristic.
principles include the need to build such a mechanism, the exercise of power, in which the branches will be mutually inhibit each other at the expense of legislative powers allocated mutual control and balance by clearly establishing for each branch of the object of his conduct.
Today, the idea of separation of powers is a generally accepted principle of building a modern state and is implemented in varying degrees in almost all countries of the world, where the situation is the presence of democratic principles in this area.Some countries use the classic model, and in others the application of these principles is mediated by national traditions of state-building and culture.For example, in China, in addition to traditional, yet includes such branches as control and law.The same situation, and Taiwan.
In states where developed totalitarian, authoritarian political regimes, the principles of separation of powers, or not implemented at all or implemented formally.
