In most cases, a democratic state is associated with an equal existence of all its institutions.This situation has led to the theory of separation of powers, the foundations of which were laid by a whole galaxy of prominent philosophers.What is the essence of the structure of the country?To give a detailed answer to this question, it is necessary not only to learn the essence, but also reveal its formation.
theory of separation of powers - a historical excursion
If we trace the evolution of the power, it becomes abundantly clear that its status was modified significantly.Whatever it was, but most of human history, power was concentrated in a single source.At first it was a tribe, then a council of elders, then he elder or chief.With the emergence of the state as a form of organization of society, all power moved either to the monarch (as in Egypt) or to collegiate body (as evidenced by the examples of ancient Rome and ancient Greece).Thus it has always been on the judicial, executive and legislative branches.But even in that distant time among philosophers and statesmen have wandered about sharing their ideas.This is evidenced by the works of Aristotle, Plato, Polybius.
However, the most widely these views emerged during the Renaissance, reached its peak at the turn of this period and the Enlightenment.So, the famous scientist John Locke and Thomas Hobbes in his work laid the foundation for claiming that an absolute monarchy should be limited to people.Their ideas are supported and developed SH.-L.Montesquieu, due to which there was a modern concept of separation of powers.
theory of separation of powers - the modern concept
modern western perception of the state says that all its branches have to be separated from each other.Ielegislative, judicial and executive authorities should cooperate with each other on the principles of independence and equality.It is this concept of the functioning of democratic countries put forward the theory of separation of powers.
But why stick to the functioning of such a mechanism?The answer is contained in the essence of the theory.According to her, the separation of powers and authorities to implement it eliminates the very possibility of a concentration of more powers from a specific group.So, there are four basic principles on which to base the theory of separation of powers Montesquieu:
- these three branches of government should be indicated in the basic law of the country and according to him managed by different bodies;
- three power operated in cooperation, but not subordinate to each other;
- they have no right to interfere in each other's powers;
- strict apolitical judiciary.
It is based on these principles of fundamental principles of interaction of the executive and legislative branches.The theory of the separation of powers refers to this mechanism as follows: checks and balances.It is used in cases where the representatives of the two types of intentionally violate administrative scope of each other.
Besides this mechanism, the theory of separation of powers helps to clearly relate what governments should join in one or another branch.
So, the main legislative body is the Parliament.Depending on the country, its name can be modified.However, the essence remains the same - the development and adoption of laws.
ranked as the executive branch government with its divisions, the judiciary, respectively, the courts.Apart for the latter is the constitutional court.The duality of its decisions, the authority of the country decided to allocate a separate public-law institution that acts as an arbitrator between all the structural elements of the state.
inherent in the Enlightenment theory of separation of powers Montesquieu still is a fundamental principle of the existence of most Western countries.Therefore clear understanding of its essence allows us to give an objective assessment of not only the forms of government, but also the political regime.
