Journal articles: 'Principle of separation of powers'

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Bagratyan, Bagrat. "The Principle of Separation of Powers in Political Science." WISDOM 1, no. 6 (July 1, 2016): 108. http://dx.doi.org/10.24234/wisdom.v1i6.70.

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The twentieth century doctrine considers separation of powers as a mechanism of constitutional technique that must be present in Political Science. In order to achieve this particular sense of separation of powers, this doctrine is based on the principles of specialization and independence. Separation of powers, therefore, refers to the division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another. The intent is to prevent the concentration of power and provide for checks and balances and establishment of democratic society.

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Merrill, Thomas W. "The Constitutional Principle of Separation of Powers." Supreme Court Review 1991 (January 1991): 225–60. http://dx.doi.org/10.1086/scr.1991.3109603.

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Zvesper, Jhon. "The Separation of Powers in American Politics: Why We Fail to Accentuate the Positive." Government and Opposition 34, no. 1 (January 1999): 3–23. http://dx.doi.org/10.1111/j.1477-7053.1999.tb00468.x.

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ONE OF THE FIRST THINGS THAT STUDENTS OF POLITICS IN THE USA learn is that the central organizing principle of the Constitution and of the political system is the separation of powers. Yet most students begin with – and few are encouraged to go beyond – a very one-sided view of that principle. For the most part, they are taught about the protective, controlling purposes rather than about the constructive, empowering purposes of the practice of separating governmental powers. They are always taught to appreciate power separation as a means of avoiding certain evils, but they are rarely taught to appreciate it as a means of attaining certain goods.

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Kosař, David, Jiří Baroš, and Pavel Dufek. "The Twin Challenges to Separation of Powers in Central Europe: Technocratic Governance and Populism." European Constitutional Law Review 15, no. 3 (September 2019): 427–61. http://dx.doi.org/10.1017/s1574019619000336.

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Separation of institutions, functions and personnel – Checks and balances – Hungary, Poland, Czechia, Slovakia – Short tradition of separation of powers in Central Europe – Fragile interwar systems of separation of powers – Communist principle of centralisation of power – Technocratic challenge to separation of powers during the EU accession – One-sided checks on the elected branches and empowering technocratic elitist institutions – Populist challenge to separation of powers in the 2010s – Re-politicising of the public sphere, removing most checks on the elected branches, and curtailing and packing the unelected institutions – Technocratic and populist challenges to separation of powers interrelated more than we thought

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Şaramet, Oana. "EXECUTIVE POWERS IN RELATIONS WITH THE PARLIAMENT. PART I." Agora International Journal of Juridical Sciences 9, no. 4 (February 3, 2016): 69–77. http://dx.doi.org/10.15837/aijjs.v9i4.2322.

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By art. 1 para. (4), Romanian Constitution, republished, enshrined the principle of separation and balance of powers. Therefore, this principle implies the existence of collaboration but also of a mutual control between these powers, including between the legislative and executive power, thus being expressed the balance between these two powers. By constitutional established powers, the two central authorities of the executive power - the President of Romania and the Government - will participate at the observance and application of this principle, including by those duties they perform in their relations with the legislative power.

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Turkaeva, Laura. "Implementation problems and development trends of the principle of powers separation." Current Issues of the State and Law, no. 14 (2020): 180–86. http://dx.doi.org/10.20310/2587-9340-2020-4-14-180-186.

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An integral component of the rule of law, which acts as an important attribute of the functioning of Russian constitutionalism institution, is the presence of public authorities, which provides a mechanism for stable gov-ernance. The modern model of the state structure of our country is based on many principles, a special place among which is given to the principle of powers separation, which became a novel of the Constitution of 1993. The operation of this principle is reduced to a triad of the following functions: en-actment of laws, monitoring their implementation, and guaranteeing protec-tion in case of violation. All three branches of government belong to the rele-vant public authorities, and are implemented independently and equally. Un-fortunately, today there is no single concept regarding the ideological and po-litical essence of this theory, although scientific ideology is in search of the primacy definition of one of three branches of government. The relevance and novelty of the problem under consideration is based on objective histori-cal data, which are a fundamental part in the formation of the national legal system. We consider the legal basis of the principle of powers separation, various author’s points of view in determining its essence, including as a constitutional principle. The legal nature of the constitutional principle is ex-plained by the legislative regulation of power between various public authori-ties and officials, as well as general powers exercised within certain areas of state activity.

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Trajkovska-Hristovska, Jelena. "The Features of the Modern Concept of Separation of Powers as an Element of Constitutionalism - “The Garden of Eden” or “The Dark Side of the Moon ”?" Khazar Journal of Humanities and Social Sciences 21, no. 2 (July 2018): 104–18. http://dx.doi.org/10.5782/2223-2621.2018.21.2.104.

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The focus of the contemporary constitutional law and the constitutionalism is the limitation of the government by the means of legal instruments and mechanisms. Therefore, the analysis of the relation between the concept of constitutionalism and the principle of separation of powers has the central position of this paper. The paper elaborates the concept of constitutionalism as an idea and ideology of limited and controlled power. At the same time it has been emphasised that the development of the constitutionalism as a doctrine is possible only with previous analysis of its basic elements. The principle of "separation of powers" is one of these elements. The second point of this paper refers to the principle of “separation of powers” as one of the basic principles and concepts of the contemporary constitutions. The principle of separation of powers is a basic idea, general objective and a constant of the contemporary legal order. However, the paper will point out that the new situation in the relations between the branches of the government and the adaptation of the principle of separation of powers to the new circumstances, in the constitutional literature is known as contemporary constitutionalism. The paper elaborates the concepts of judicial supremacy and judicial paramontcy as elements of the contemporary American constitutionalism, as well as the manners and attempts for their theoretical justification. On the other hand, the paper will elaborate the phenomenon of judicial juristocracy in the European continental systems for control of constitutionality. The paper highlights the implementation of the doctrine of review of the constitutionality of the constitutional norms (verfassungswidrigen Verfassungsrechts) in the practice of the European constitutional courts. It elaborates the dilemma does the interpretation of the “mischievous phrases” of the constitution, by introducing concepts for ,,symbolic constitution” and ,,constitution behind a constitution” on one hand, and the introduction of the doctrine of review of the constitutionality of the constitutional norms on other, overhangs the concept of separation of powers, as The Sword of Leviathan. Finally the paper sets the dilemma whether the tectonic shift of the focus of decision making towards the legislative – executive – judicial power, and the unhidden and manifested will, ambition and activity of the courts to control the action of political authorities as a feature of the contemporary constitutionalism, is the so-called “the garden of Eden” or its opposite “the Dark Side of the Moon”.

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Goncharov, Vitaly Viktorovich, Iurii S. Shpinev, Diana I. Stepanova, Oleg N. Malinovsky, Sergey A. Balashenko, and Jacek Zalesny. "Separation of powers as a principle of organization and activities of executive authorities in the Russian Federation." LAPLAGE EM REVISTA 7, no. 2 (May 10, 2021): 510–18. http://dx.doi.org/10.24115/s2446-6220202172819p.510-518.

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This article is devoted to constitutional analysis of the most important principle of organization and activity of executive authorities in the Russian Federation - separation of powers. The authors developed and justified the concept of an expanded understanding of the principle of separation of powers, with its reduction not only to the functional separation of state power between various levels of government (including within the executive branch), but with the development of a mechanism of checks and balances and the need to change the constitutional balance of priorities of the branches of government.

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Грабенвартер, Кристоф, and Kristof Grabenvarter. "SEPARATION OF POWERS AND THE INDEPENDENCE OF CONSTITUTIONAL COURTS." Journal of Foreign Legislation and Comparative Law 1, no. 6 (February 7, 2016): 0. http://dx.doi.org/10.12737/17101.

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The presented article is devoted to one of the essentially and vitally important problems of an each country state power system maintaining, which is obviously influencing the sovereignity strengthening and making the legal constitutional basis of a state more durable and stable. The author considers the various aspects of the proportionality, which is to be provided in the state powers separation principle realization, dividing them into three traditional branches on one hand, and at the same time in the promoting constitutional courts real independence in every state on the other hand. The author tries to observe the appearance and further development of two methods which might be effected in reaching these goals. From his point of view the first method should be focused on further perfecting the division of labour in the state power system, which is to promote the actual independence of constitutional courts as the integral component of one of the state power system branches and which is provided with the separation of powers principle. The other method is to make the judicial constitutional justice administration more effective and qualified, which will help to implement the proper preconditions for firm incorporation the separation of powers principle into the every days life of society and state. The author also underlines and pays everyone’s attention to the mutual interdependency and intercommunication which are existing between the above mentioned state aims of priority and the results of fulfilling them. As for the author’s own scientific and practical elaborations of the facilities and instruments which might be used in the field of the legal statehood foundations strengthening is concerned, he suggests arranging the international cooperation of the constitutional courts of the states and setting up professional links between them, starting up the state system of “constitutional culture” educational courses for the population and implementing the unified international unanimous ethical standards for estimating the features of the persons intending to become constitutional judges.

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Ruzanov, Ilia Vladislavovich. "Independence of the Judiciary in the Modern Understanding of the Separation of Powers." Russian Journal of Legal Studies 6, no. 1 (December 15, 2019): 89–97. http://dx.doi.org/10.17816/rjls18474.

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The independence of judicial power is researched from the natural law viewpoint. It is shown that the principle of separation of powers is not static, it is changing under the inf luence of time.The sharp increase of executive branch of power’s role marks the contemporary stage of social-political development. It is shown that such a situation is inevitable. However, the problem is that executive branch fulfills both rulemaking function and law-enforcement one. It causes the risks of abuse of power, which scared the creators of separation of powers principle.In this light the constitutional law faces the aim to reveal legal and political tools which can provide the very essence of separations of powers - to avoid the complete concentration of power in one center. The two innovations which can help to solve this problem are suggested in the article.One of them is to broad the types of direct popular sovereignty. It is demonstrated, based on American experience that notice and comment requirement can restrain the arbitrariness of executive branch and therefore to be a bulwark against usurpation.The nature of judicial power activity also changes. It must turn from formal control over the executive power to theanalysis of the essence of its decisions.

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Waldron, Jeremy. "Separation of powers in thought and practice?" Revista de Direito Administrativo 279, no. 3 (December 29, 2020): 17–53. http://dx.doi.org/10.12660/rda.v279.2020.82914.

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The rationale of the separation of powers is often elided with the rationale of checks and balances and with the rationale of the dispersal of power generally in a constitutional system. This Essay, however, focuses resolutely on the functional separation of powers in what M.J.C. Vile called its “pure form.” Reexamining the theories of Locke, Montesquieu, and Madison, this Essay seeks to recover (amidst all their tautologies and evasions) a genuine case in favor of this principle. The Essay argues that the rationale of the separation of powers is closely related to that of the rule of law: it is partly a matter of the distinct integrity of each of the separated institutions— judiciary, legislature, and administration. But above all, it is a matter of articulated governance (as contrasted with compressed undifferentiated exercises of power).

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Boo-Ha Lee. "A Research on the Principle of Separation of Powers." KYUNGPOOK NATIONAL UNIVERSITY LAW JOURNAL ll, no. 55 (August 2016): 1–22. http://dx.doi.org/10.17248/knulaw..55.201608.1.

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Mesonis, Gediminas. "The Principle of the Separation of Powers: the Ontological Presumption of an Ideologeme." Baltic Journal of Law & Politics 13, no. 2 (December 1, 2020): 1–23. http://dx.doi.org/10.2478/bjlp-2020-0009.

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Abstract The theoretical materiality of the principle of the separation of powers is beyond doubt. This principle is inevitable in discourse on the constitutional framework of the state, democracy and the rule of law, and it has its own form of expression in positive law. Although the relevance of the principle of the separation of powers in social discourse creates the illusion of the conceivability of its content, the ontological questions concerning this principle remain largely vague. This can be explained by considering two aspects. First, as established in scientific doctrines and constitutional forms of expression, the principle of the separation of powers has become a social and legal ideologeme; it approximates an axiom which is no longer substantiated anew. Second, discourse concerning ontology is always complicated, since it calls to question the essence itself. It is complicated not only because it requires a particular intellectual effort and academic courage, but also because the outcome of such discourse is unpredictable and can lead either to the ideologeme being confirmed to be true or being unexpectedly revised, or perhaps can even lead to the demise of what has so far been self-evident, unquestionable, obvious, universally known, etc. This article analyses the ontological essence of the principle of the separation of powers – an approach towards the human being, whereby meaning is given to the consequent system of causal relationships within the whole theory. Discourse in this article takes ontological issues as its object of inquiry: why did we decide to separate powers and how many of these separated powers are there?

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Adegbite, Olusola Babatunde, Oreoluwa Omotayo Oduniyi, and Jubril Akinwunmi Farinde. "Separation of Powers Under the 1999 Nigerian Constitution: The Core Legal Dilemmas." Sriwijaya Law Review 3, no. 2 (July 30, 2019): 235. http://dx.doi.org/10.28946/slrev.vol3.iss2.281.pp235-252.

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At the core of Nigeria's constitutional practice lies the doctrine of separation of powers. The application of the principle is such that power under Nigeria's presidential cum federal system is delineated both horizontally and vertically. Even though the doctrine has a major feature of every constitution in the world, its implementation does not seem satisfactory given the insults that have been carried out by successive governments. This paper examines the doctrine of separation of powers and its complicatedness as regards to its practice in Nigeria's constitutional democracy. Reflecting on the history of Nigeria, this paper will discuss the eroded implementation of the principle of separation. As a result, it seems to be that the concept of "separation" is not going well and tends to fuse the function of executive and legislative institutions. In this situation, the principle is in a dilemma. This paper further offers a flicker of hope by pointing to the fact that all hopes do not appear lost, as the Judiciary still maintains some level of ‘separateness,' except that only time will tell as to how much this lasts.

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Alamova, Tatiana. "The principle of separation of powers in a constitutional state from a point of view of political risks." Moldoscopie, no. 3(94) (February 2022): 53–64. http://dx.doi.org/10.52388/1812-2566.2021.3(94).05.

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This article is dedicated to the review of political risks, its impact on the rule of law and the theory of separation of power. The article provides a definition of the concept of political risk. It reviews the influence of political risks on the theory of separation of power; how risks can affect one or another branch of government and which consequences they entail; what political risks can lead to, when influencing on human and civil rights within a state. The article provides an overview of the development of political and legal thoughts of different philosophers who influenced to the development of the theory of separation of power and to the risks that are associated with it. In conclusion, the article underlines that political risks play an important part in the practical implementation of the theory of separation of power in a constitutional state. The article discusses the relationship between the three branches of power: legislative, executive and judicial; that constantly strive to control each other, in order to avoid the creation of political risks. In the conclusion, the author makes an overview of the nature of political risks on the development of the rule of law and the principle of separation of powers; whether the political risks are a catalyst for the development of a legal basis for political relations, and for the rule of law. The fundamental doctrines are also mentioned, which fact emphasizes not only individual freedoms and human and citizenship rights, but also the establishment of a constitutional procedure for the separation of powers. The author touches upon the issue of the legislative system, which directly relates to the separation of powers.

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Eckes, Christina. "Controlling the Most Dangerous Branchfrom Afar: Multilayered Counter-Terrorist Policies and the European Judiciary." European Journal of Risk Regulation 2, no. 4 (December 2011): 505–22. http://dx.doi.org/10.1017/s1867299x00006589.

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Counter-terrorist sanctions against private individuals adopted by the EU and by the UN are an exceptionally illustrative example of the executive’s power grasp, where the dangers of counter-terrorist policies and of externalized rulemaking have mutually reinforced each other. This article (re-)considers the role of the judiciary in the face of extreme exercise of externalized executive powers, demonstrates that multilayered governance has extended the powers of courts, shows that the justified exercise of judicial power has led the EU institutions and the Member States into a self-inflicted catch-22, and makes an argument that the extended powers of the executive and of the judiciary should be contained and guided by a principled choice of the constituent power. Constitutional law should require the judiciary to take a substantive approach to multilayered governance that reflects the principle of separation of powers.

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Balicki, Ryszard, and Agnė Juškevičiūtė-Vilienė. "Justice in the Republic of Poland: Problems in Implementing the Principle of Independence of the Judiciary." Teisė 118 (March 2, 2021): 73–89. http://dx.doi.org/10.15388/teise.2021.118.5.

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The right-wing populist Law and Justice party , which came to power in 2015 in Poland, sought not only to implement its conservative and Christian ideas through the executive and the legislative powers, but also to influence the justice. This article presents an analysis of legal acts adopted or amended on the initiative of this ruling party, which shows how the judicial power has been systematically usurped by this political party, in spite of the constitutional principle of the separation of powers, and states that the principle of judicial independence has been violated.

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Kamali, Mohammad Hashim. "Separation of Powers: An Islamic Perspective." ICR Journal 5, no. 4 (October 15, 2014): 471–88. http://dx.doi.org/10.52282/icr.v5i4.370.

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This article explores the principle of separation of powers and its proper constitutional role in regulating relations among the various organs of state in an Islamic polity. It will be noted at the outset that the Muslim polity has undergone shifting paradigms - from the Righteous Caliphate of the early decades of the advent of Islam, to the ensuing hereditary/dynastic caliphate, to western nation state, and now to a fresh demand for an Islamic state (dawla Islamiyya) as I explain in the following paragraphs. With the spread, under European influence, of the western nation state in much of the post-colonial Muslim world, both the Shari’ah and ulama lost their preeminence. Massive dislocations in their legal and political orders brought the Muslims face to face with a host of uncertainties as to what role, if any, their own legacy could play under the new constitutional arrangement of western origin.

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Morostes, Anca Florina, Narcisa Mihaela Stoicu, and Claudia Doinita Gherlea. "National sovereignty and lawmaking." Journal of Legal Studies 17, no. 31 (June 1, 2016): 77–83. http://dx.doi.org/10.1515/jles-2016-0008.

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Abstract A democratic state involves the existence of a fundamental Law which expressly states values and democratic principles that are universally, internationally and regionally recognized. Specialized literature has shown that the mission of the modern state can only be fulfilled by a public power that is its essential characteristic, namely, through sovereignty [1]. The connection between sovereignty and political power is reflected in the complex relationships between the principle of separation and balance of powers, rule of law, political pluralism and state institutions and organizations.

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O’Regan, K. ""CHECKS AND BALANCES REFLECTIONS ON THE DEVELOPMENT OF THE DOCTRINE OF SEPARATION OF POWERS UNDER THE SOUTH AFRICAN CONSTITUTION"." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 8, no. 1 (July 10, 2017): 119. http://dx.doi.org/10.17159/1727-3781/2005/v8i1a2835.

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Constitutional Principle VI, of the constitutional principles negotiated at the Multi-Party negotiating process in the early 1990s and annexed to the Interim Constitution1, provided that: There shall be a separation of powers between the legislature, executive and judiciary, with appropriate checks and balances to ensure accountability, responsiveness and openness.

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Machovenko, Jevgenij, and Haroldas Šinkūnas. "Establishment of a judicial system and ensuring independence of judges in Lithuania, 1918–1920." Prawo 327 (June 11, 2019): 269–83. http://dx.doi.org/10.19195/0524-4544.327.17.

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The problems of court relations with the other branches forming the constitutional triad of powers the legislative and the executive as well as judicial independence are among the most sensitive issues, which never lose their relevance. The article deals with the problems by reference to the constitutional and ordinary law of 1918–1920, the circulars of the Ministry of Justice, other legislation, as well as research papers. A retrospective analysis of certain issues is also presented by way of establishing links with the Constitution of 3 May 1791 and other historical sources of law. The co-authors have arrived at the conclusion that, while refl ecting general observance of the principle of separation of powers and the intention to ensure judicial independence, the Founding Principles of 1918 and 1919, adopted by the State Council, and the Interim Constitution of 1920, adopted by the Constituent Assembly, enshrined the legislative and the executive powers explicitly but judicial power only implicitly the texts do not even mention courts and the respective principle is derived from the others. Due to the severe shortage of lawyers in 1918–1920, judges were allowed to serve in the executive branch at the same time. The Ministry of Justice explained the law to judges, while judges assisted the executive such as the police in discharging their functions. All that contradicted the principles of separation of powers and judicial independence but was accepted as an unavoidable and temporary arrangement. The Ministry of Justice tried to avoid abusing its power and harming the dignity of the judicial system’s employees by intrusive oversight, and acted in their regard as discretely as possible. It encouraged judicial independence and activism and demonstrated confi dence in the courts.

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Meny, Yves. "Law, Politics and the Courts." Tocqueville Review 12 (December 1991): 21–40. http://dx.doi.org/10.3138/ttr.12.21.

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In Montesquieu’s triad of legislative, executive, and judicial powers, the third element has long been the weakest. This imbalance in Western institutions, or at least in the European democracies, results from the fact that the democratic principle (of national or popular sovereignty) and the representative principle (that Parliament rules supreme) have long been regarded as more important than the third liberal principle underlying Western political systems, that of the moderation and separation of powers.

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Zai-Wang Yoon. "Separation of powers and Language - clarity principle, semantics and normative pragmatics -." kangwon Law Review 44, no. ll (February 2015): 427–76. http://dx.doi.org/10.18215/kwlr.2015.44..427.

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Tafani, Ismail, and Darjel Sina. "The Principle of Sovereignty as the Main Principle of Democracy, between the Political Pluralism and the Electoral System in the Parlamentary Republic of Albania." Academic Journal of Interdisciplinary Studies 9, no. 6 (November 19, 2020): 184. http://dx.doi.org/10.36941/ajis-2020-0123.

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Popular sovereignty is the foundation of the principle of democracy for the existence and functioning of the rule of law. In the Parliamentary Republic of Albania based on political pluralism for nearly three decades, this essential element of the democratic principle seems to be as fragile as the principle itself. The basic concept of the functionality of the rule of law in Albania under the Constitution is the separation and balancing of powers. Although the constitutional provision for the separation and balancing of powers is clear and based on Montesquieu’s conception of the development of the principle of democracy and the prohibition of abuse that each of the powers could inflict on each other, the separation and balancing of powers in Albania seems to be impossible. Albania as a country with a culture of not very long political pluralism, instead it comes from a rather long-term mono-party system where the development of the electoral process was more of a holiday than a race. However, the sovereignty of the people enshrined in today's constitution and yesterday's constitution seems more like a slogan than a fundamental principle of constitutional order. In these years of political pluralism between the test of many electoral systems coupled with constitutional and legal changes, the implementation of the principle of popular sovereignty to consolidate the democratic principle remains clearly a utopia for Albanian society. After each election process debates reopen the need for reforming the electoral system in general and managing the process in particular. The purpose of this paper through a comparative analysis is to identify the elements that impede the observance of the fundamental constitutional principle of popular sovereignty either directly or indirectly through elected representatives to consolidate the rule oflaw in Albania.

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Qazvinova, Elmira. "On the issue of the right of legislative initiative." Scientific Bulletin 4 (2020): 85–90. http://dx.doi.org/10.54414/nohi4172.

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The Constitution of the Republic of Azerbaijan reflects all the basic principles that characterize a democratic state system. The fundamental law of our country states that the only source of power is the people, and also that the Republic of Azerbaijan is a democratic and legal state, and state power is based on the principle of separation of powers. It is gratifying to note that in addition to political rights, such as the right to elections and referendum, citizens have other opportunities to participate in the exercise of state power, one of which is the right of legislative initiative of citizens.

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Glajcar, Rafał. "Zasada podziału władzy a koncepcja veto players." Przegląd Sejmowy 3, no. 158 (2020): 45–76. http://dx.doi.org/10.31268/ps.2020.34.

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TUMANOV, D. A. "IS IT PERMISSIBLE FOR THE COURTS TO INTRUDE INTO THE COMPETENCE OF OTHER AUTHORITIES?" Herald of Civil Procedure 12, no. 1 (April 15, 2022): 248–63. http://dx.doi.org/10.24031/2226-0781-2022-12-1-248-263.

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The article deals with the question of the admissibility of courts’ intrusion into the sphere of competence of other authorities. In the USSR, and later in the Russian Federation, an approach was developed according to which judicial control cannot concern those issues which are attributed to the exclusive competence of the legislative and executive authorities and whose solution is connected with their discretion. At present, to justify this impossibility they refer to the principle of separation of powers. But after all, the main purpose of such a principle is to prevent the absolutization of power. While the existence of areas inaccessible to judicial control, just becomes a source of arbitrariness of the legislative and executive powers. The article demonstrates that judicial control in Russia should also cover those acts, actions (inaction) of the authorities, the adoption or commission of which is based on their discretion, and it is this approach that truly corresponds to the principle of separation of powers. Examples are given of situations where significant issues for society that are within the discretion of the legislative and executive powers are not resolved, which significantly violates the public interest. The society would benefit from court intervention to solve such issues. The author considers possible variants of court intervention in the solution of socially significant issues.

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Tursunov, Dr Qahramon S. "NEW UZBEKISTAN AND ELECTION LEGISLATION." CURRENT RESEARCH JOURNAL OF PHILOLOGICAL SCIENCES 02, no. 12 (December 1, 2021): 49–51. http://dx.doi.org/10.37547/philological-crjps-02-12-10.

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The system of state power in Uzbekistan is based on the principle of separation of powers into legislative, executive and judicial powers. The Oliy Majlis acts as the legislative branch of power in the Republic of Uzbekistan. It represents the main political parties, all social strata and socio-political forces of society. In general, the parliament represents the people of Uzbekistan. Only the Oliy Majlis elected by him and the President of the Republic can speak on behalf of the people of Uzbekistan.

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Pestritto, Ronald J. "THE PROGRESSIVE ORIGINS OF THE ADMINISTRATIVE STATE: WILSON, GOODNOW, AND LANDIS." Social Philosophy and Policy 24, no. 1 (December 18, 2006): 16–54. http://dx.doi.org/10.1017/s0265052507070021.

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The American administrative state is a feature of the new liberalism that is largely irreconcilable with the old, founding-era liberalism. At its core, the administrative state, with its delegation of legislative power to the bureaucracy, combination of functions within bureaucratic agencies, and weakening of presidential control over administration undercuts the separation-of-powers principle that is the base of the founders' Constitution. The animating idea behind the features of the administrative state is the separation of politics and administration, which was championed by James Landis, the New-Deal architect of the administrative state for President Franklin Roosevelt. The idea of separating politics and administration, and the faith such a separation requires in the objectivity of administrators, did not originate with Landis or the New Deal but, instead, with the Progressives who had come a generation earlier. Both Woodrow Wilson and Frank Goodnow were pioneers in advocating the separation of politics and administration, and made it the centerpiece of their broad arguments for constitutional reform.

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Machin-Mastromatteo, Juan D., and Basilio A. Martinez-Villa. "Subordinated complacency, ferocious rivalry, or equitable work." Information Development 33, no. 2 (February 1, 2017): 210–18. http://dx.doi.org/10.1177/0266666916688296.

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This article presents three deviations from the Separation of Powers Principle ( trias politica) as they have taken place in Mexico and Venezuela: the increment in the amount of state powers, the subordination of powers to the agenda of a unique political tendency with the subsequent nullification of the power that is acting in an independent way, and the creation of constitutional autonomous institutes or entities. It suggests that governments can become complex self-referential systems that avoid public consultation of political decisions and the free formation of citizens’ informed and educated opinions that are much needed for a country’s development in a democracy.

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Tsybulevskaya, O. I., and T. V. Milusheva. "The Constitutional Principle of Separation of Powers: Theory and Practice of Implementation." Vestnik Povolzhskogo instituta upravleniya 18, no. 5 (2018): 56–62. http://dx.doi.org/10.22394/1682-2358-2018-5-56-62.

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Krasnov, Eduard V. "The Principle of Separation of Powers in the Works by M.M. Speranskiy." History of state and law 8 (July 24, 2019): 45–50. http://dx.doi.org/10.18572/1812-3805-2019-8-45-50.

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Milosavljevic, Bogoljub. "The principle of separation of powers in Serbian constitution and constitutional practice." Pravni zapisi 3, no. 1 (2012): 5–21. http://dx.doi.org/10.5937/pravzap1201005m.

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Ramos Alves, Luís Henrique, and Shirley Oliveira Lima Nomura. "ATIVISMO JUDICIAL E A SEPARAÇÃO DOS PODERES NO SÉCULO XXI: EXORBITAÇÃO DA FUNÇÃO ATÍPICA DO PODER JUDICIÁRIO." Colloquium Socialis 2, Especial 2 (December 1, 2018): 175–80. http://dx.doi.org/10.5747/cs.2018.v02.nesp2.s0274.

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The separation of powers is a general principle of Brazilian Constitutional law prescribed in article 2 of the Federal Constitution following the model idealized by Montesquieu, Executive, Legislative and Judiciary, each of the powers has its respective characteristics and also has its typical and atypical functions. In the system of separation of powers there is a theory called System of Brakes and Counterweights, where it controls the division of powers and ensures that each one acts within its respective sphere of competence. With the passage of time within the Brazilian scenario has been emerging the so-called Judicial Activism, a phenomenon that arises when the judiciary proceeds to intervene proactively in the sphere of competence of other powers. With this, the present article seeks to show judicial activism, focusing on the exorbitance of the atypical function of the judiciary and how this judicial activism is triggered within the system of separation of powers.

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Nikolova, Raina. "Public lecture of judge Atanaska Disheva – member of the Supreme Judicial Council – before law students on the topic: “The role of the prosecutor in the administrative proceedings." Law Journal of New Bulgarian University 16, no. 3 (August 1, 2021): 49–55. http://dx.doi.org/10.33919/ljnbu.20.3.4.

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The public lecture is dedicated to the issue of the prosecutor’s supervision on the activities of the administrative bodies within the principle of separation of powers and the principle of rule of law. It provides the opportunity to make more specific the scope of the prosecutor’s function on ensuring the legal order.

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Bożyk, Stanisław. "The constitutional status of the Sejm in the political system of the Republic of Poland." Studia Politologiczne 2020, no. 57 (September 15, 2020): 30–43. http://dx.doi.org/10.33896/spolit.2020.57.2.

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The purpose of this article is to evaluate or to determine the constitutional status of the Sejm of the Republic of Poland in the light of the basic principles of the political system. The position of the lower chamber of the Polish parliament is presented in turn against the backdrop of four principles: the sovereignty of the Nation, political representation, political pluralism, and the separation and balancing of powers. In the context of the latter principle, the relationship between the Sejm and the executive is also presented.

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Allena, Miriam, and Francesco Goisis. "‘Full Jurisdiction’ Under Article 6 ECHR: Hans Kelsen v. the Principle of Separation of Powers." European Public Law 26, Issue 2 (June 1, 2020): 287–306. http://dx.doi.org/10.54648/euro2020045.

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This article examines the ‘full jurisdiction’ requirement under Article 6 European Convention on Human Rights (ECHR) and its implementation within European Court of Human Rights (ECtHR) case law. It first analyses the theoretical foundations for ‘full jurisdiction’ which implies, in principle, a substitutive review of the merits of administrative decisions. It then focuses on the ECtHR case law, highlighting its ambivalence and inconsistencies: while the Court generally requires a substitutive review in criminal cases and in cases involving complex technical assessments, it tends to accept a less exacting standard of review in civil cases, especially when administrative discretionary choices or policy determinations are at issue. This article suggests that the ambivalence and inconsistencies within ECtHR case law can be explained in terms of the principle of separation of powers, which still underpins most legal systems of signatory states to the ECHR. Art. 6 ECHR, fair trial, administrative procedures, full jurisdiction, principle of separation of powers.

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Aleksandrowicz, Maciej. "The constitutional position of the Swiss parliament in the context of the principle of separation of powers." Przegląd europejski 4 (August 6, 2019): 55–71. http://dx.doi.org/10.5604/01.3001.0013.3454.

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This article considers the fundamental part of the Swiss constitution relating to the legal position of parliament and its powers. The regulatory provisions give the Federal Assembly significant predominance over other bodies of authority. The clearest example is the provision of the federal constitution that gives parliament oversight over the government, federal administration and federal courts. This provision, particularly given that the constitution makes no direct reference to the principle of separation of powers, may appear to indicate that state authority is unified in just one organ – contravening the model of democracy in which the principle of separation of powers is a fundamental element. It is shown here that it is unreasonable to read the constitutional provisions in a purely literal manner, and that they should be interpreted in the light of the functions that the provisions in question are intended to fulfil, particularly in the context of the rules of a democratic state.

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Akutaev, R. M., and M. Sh Kadymova. "SEPARATION OF POWERS IS NOT A LEGAL FORMALITY, AND THE CONSTITUTIONAL PRINCIPLE OF ORGANIZATION OF POWER." Law Нerald of Dagestan State University 19, no. 3 (2016): 47–54. http://dx.doi.org/10.21779/2224-0241-2016-19-3-47-54.

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Mbaku, John Mukum. "Judicial Independence, Constitutionalism and Governance in Cameroon." European Journal of Comparative Law and Governance 1, no. 4 (November 14, 2014): 357–91. http://dx.doi.org/10.1163/22134514-00104001.

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Countries incorporate the principle of the separation of powers, including judicial independence, into their constitutions in an effort to meet several goals, the most important of which is to minimise government-induced tyranny. Specifically, countries that make this principle part of their constitutional practice intend to limit public servants by national laws and institutions, enhance government accountability, minimise opportunistic behaviors by civil servants and politicians, provide for checks and balances, and generally improve government efficiency. Cameroon, part of which was colonised by France, has a constitution that is modeled closely on the French Constitution of 4 October 1958. As a consequence, the country has adopted France’s hybrid system of the separation of powers. Using French constitutional practice as a model, this paper examines constitutional developments in Cameroon to determine why the country’s governing process, which is based on the Constitution of the Fifth Republic, has failed to guarantee constitutional justice.

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Hapla, Martin. "The twilight of the separation of powers: Proportionality as a method of solving institutional issues." Hungarian Journal of Legal Studies 61, no. 1 (July 5, 2021): 71–84. http://dx.doi.org/10.1556/2052.2020.00227.

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AbstractThe author examines the tension that exists between the various components of the separation of powers (in particular the ideas of independence and separation, and the system of checks and balances). He analyses different ways of solving them. Attention is paid, for example, to attempting to supplement the separation of powers with some other normative thesis. The author rejects previous approaches and argues that the components of the separation of powers can be understood as separate principles. Conflicts between these principles should be resolved through proportionality.

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Repetska, Anastasia. "Cooperation of the legislative and executive state of the state authorities in the aspects of the modern political system of Ukraine." Історико-політичні проблеми сучасного світу, no. 39 (June 16, 2019): 192–97. http://dx.doi.org/10.31861/mhpi2019.39.192-197.

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One of the main characteristics of any political regime is the power correlation between the legislative and executive branches of state power. In a democratic environment, it should reflect a certain balance of branches of power.The Constitution of Ukraine has defined the principle of separation of power into legislative, executive and judicial (art. 6), each of them is independent from the other one and acts within its competence. Theoretically fixed in the Constitution principles of power separation aim between legislative and executive branches. However in the conditions of social-economic crisis, in which the country has been acting since 1990s, between multi-vectored political forces and striving of executive power for widening of its authorities, that is fixed in the Constitution, the presidential-parliamentary form of administration very often has led not only to constitutional cooperation of powers but to the competition between the President and executive power on the one hand, and Verhovna Rada, on the other hand. So, today the need for reconsideration of both the correlation of authorities and cooperation between branches of power in Ukraine has become obvious. Keywords: legislative branch of government, executive branch of government, cooperation, political system.

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SCOTT, JOHN T. "Rousseau's Anti–Agenda-Setting Agenda and Contemporary Democratic Theory." American Political Science Review 99, no. 1 (February 2005): 137–44. http://dx.doi.org/10.1017/s0003055405051543.

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In his recent article, “Rousseau on Agenda-Setting and Majority Rule” (2003), Ethan Putterman examines how the democratic principle of popular majority rule might be reconciled with agenda-setting by legislative experts through an analysis of Rousseau's political theory. He argues that Rousseau accomplishes this reconciliation through a novel separation of powers between the legislative and the executive powers where the sovereign people delegates the exclusive power to initiate laws to the executive. Putterman thereby identifies as a solution to the problem of democratic self-legislation what Rousseau sees as the most important danger to it. At issue is not merely the correct interpretation of Rousseau's theory, for Putterman's argument raises far-reaching questions concerning the compatibility of democratic principles and institutions. After demonstrating that Putterman is incorrect that the sovereign people in Rousseau's state delegate the power of legislative initiative, I examine how Rousseau anticipates and addresses a related question central to contemporary democratic and social choice theory: the problem of preference aggregation through voting in the absence of agenda-setting institutions.

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Barber, N. W. "SELF-DEFENCE FOR INSTITUTIONS." Cambridge Law Journal 72, no. 3 (November 2013): 558–77. http://dx.doi.org/10.1017/s0008197313000706.

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AbstractThis article reflects on a group of constitutional devices: mechanisms that empower one state institution to defend itself against another. The institution is given a shield to protect against the attentions of another body, or is given a sword it can use to repel an attack. Self-defence mechanisms are interesting for many reasons, but particularly for the light they cast on the separation of powers. These measures seem contrary to the normal prescriptions of that principle, allocating a capacity to a body that it appears ill suited to possess. Understanding why the separation of powers requires these surprising allocations helps explain its operation in ordinary contexts.

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Kachur, V. O. "Fundamental values of European legal culture in the provisions of the polish constitution 1791." Uzhhorod National University Herald. Series: Law, no. 64 (August 14, 2021): 37–40. http://dx.doi.org/10.24144/2307-3322.2021.64.6.

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The article reveals the importance of legal culture for the social and state life of any country and for ensuring the life of both an individual and social groups, communities and humanity as a whole, which is due to its ability to involve a person in the system of legal values, accumulate legal experience and transfer it from generation to generation. It is noted that the European legal culture, in addition to natural rights, democracy, the rule of law, has other values that ensure the sustainable development of society, social justice and legal progress. It is emphasized that the analysis of legal monuments, which are so rich in European state-legal history, helps to trace the evolution of the formation of value-legal guidelines in modern Europe. Based on the analysis of the text of the Polish Constitution of 1791, those provisions that contain the fundamental values of European legal culture that have become value guidelines for the further state-legal development of Poland are highlighted. All values that stem from their content are divided into two groups: 1) values that reflect the value guidelines of the Polish society of that time (patriotism, religious tolerance, freedom, dignity, equality, property, inviolability of legal certainty, people); 2) values that reflect value guidelines for the organization of state power (the principle of sovereignty of the people, the principle of separation of powers, the principle of popular representation, the constancy of the constitution, the principle of majority, the principle of political responsibility). According to the results of the study, the Polish Constitution of 1791 is an example of an amazing symbiosis of traditions and innovations, when such progressive values as patriotism, religious tolerance, people, territorial integrity, freedom, the principle of sovereignty of the people, the principle of separation of powers, political responsibility, the principle of popular representation, the principle of majority coexist with traditional estate privileges and the institution of dependent peasants. It is indicated about the special attitude of the Polish people to this document as a certain state symbol.

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Matheus, Ana Carolina Couto. "ANOTAÇÕES SOBRE O PRINCÍPIO DA SEPARAÇÃO DE PODERES E O DIREITO FUNDAMENTAL AO MEIO AMBIENTE ECOLOGICAMENTE EQUILIBRADO." Ponto de Vista Jurídico 7, no. 2 (December 20, 2018): 7. http://dx.doi.org/10.33362/juridico.v7i2.1418.

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<p class="resumo">O propósito do presente trabalho é analisar a colisão entre o princípio constitucional da separação de poderes e o direito fundamental ao meio ambiente ecologicamente equilibrado. A pesquisa requer um esquema conceitual que lhe confira um instrumental teórico suficientemente articulado para a sua problemática. O objeto da pesquisa é estudar a proibição do retrocesso ecológico na colisão entre o direito fundamental ao meio ambiente ecologicamente equilibrado e o princípio constitucional da separação de poderes. Parte-se da hipótese da existência de iguais pretensões sobre determinada relação jurídica, em virtude da qual pode surgir o litígio. O objetivo geral é destacar que a incidência do princípio da proibição do retrocesso ecológico, por implicar uma exceção à regra, deve ser adotada no âmbito da colisão de direitos fundamentais, na tentativa de harmonização seguida de proporcionalidade, e não de maneira irrestrita, sob pena de incidir em inconstitucionalidade por afronta ao princípio da separação de poderes e inviabilizar a atividade legislativa. Será utilizado o método de abordagem indutivo, a fonte de pesquisa bibliográfica, legal e jurisprudencial, as técnicas do referente, da categoria, do conceito operacional e do fichamento.</p><p class="resumo"><strong>Palavras-Chave:</strong> Separação de Poderes. Meio Ambiente Ecologicamente Equilibrado. Colisão de direitos. Retrocesso Ecológico.</p><h3>NOTES ON THE PRINCIPLE OF SEPARATION OF POWERS AND THE FUNDAMENTAL RIGHT TO THE ECOLOGICALLY BALANCED ENVIRONMENT</h3><div><p class="abstract"><strong>Abstract: </strong>The purpose of this paper is to analyze the collision between the constitutional principle of the separation of powers and the fundamental right to the ecologically balanced environment. The research requires a conceptual scheme that gives it a sufficiently articulated theoretical instrument for its problematic. The object of the research is to study the prohibition of ecological regression in the collision between the fundamental right to the ecologically balanced environment and the constitutional principle of the separation of powers. It is based on the hypothesis of the existence of equal claims on a particular legal relationship, by virtue of which the dispute may arise. The general objective is to emphasize that the effect of the principle of banning ecological regression, as an exception to the rule, must be adopted in the context of the collision of fundamental rights, in the attempt of harmonization followed by proportionality, and not in an unrestricted manner, under penalty to rule on unconstitutionality by affront to the principle of separation of powers and render the legislative activity unfeasible. It will be used the method of inductive approach, the source of bibliographical research, legal and jurisprudential, the techniques of the referent, the category, the operational concept and the file.</p></div><strong>Key-Words: </strong>Separation of Powers. Ecologically Balanced Environment. Collision of Rights.

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Arnold, Rainer. "Loyalty in Constitutional Law – Some Reflections." Polish Law Review 2, no. 2 (December 30, 2016): 1–11. http://dx.doi.org/10.5604/01.3001.0009.8039.

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Rule of law requires a clear distribution of competences for the State institutions. Competence distribution is essential for separation of powers and hinders an antidemocratic accumulation of powers. The attribution of competences to State institutions by the Constitution regulates the reach, modality and procedure of the exercise of the competence. However, competences must be exercised in a way which is not detrimental to other institutions and the State as a whole. The inter-institutional obligation of mutual loyalty is a written or unwritten principle with high importance in European constitutionalism. The contribution treats with significant examples of this principle, as the “Organtreue” in the perspective of the German Federal Constitutional Court or the faithful cooperation principle in federal and regional systems. General aspects shall be pointed out which determine loyalty as a constitutional category.

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Engwall, Lars. "Montesquieu in the University: The Governance of World-class Institutions of Higher Education and Research." European Review 26, no. 2 (January 24, 2018): 285–98. http://dx.doi.org/10.1017/s1062798717000679.

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The point of departure for this article is the principle of the separation of powers, formulated long ago by the Frenchman Charles-Louis de Secondat Montesquieu. It is argued that this principle is important for the governance of universities, entailing a balance between university boards, university presidents and university senates. To this end, the article presents evidence about the governance structure of two highly-ranked US universities, UC Berkeley (UCB) and Stanford University. It reports on board compositions, the selection of presidents and the role of academic senates. The conclusion is that the principle of the balance of powers (‘shared governance’ as it is called at UCB) has served the two universities well. Therefore, despite differences in other conditions, such as their endowments, other universities might benefit from the evidence reported.

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Małajny, Iwona, and Ryszard Małajny. "The principle of separation of powers in the judicature of the U.S. Supreme Court." Studia Iuridica Lublinensia 22 (August 28, 2014): 533. http://dx.doi.org/10.17951/sil.2014.22.0.533.

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Griškevič, Lina. "Teisėjų skyrimas Lietuvoje 1990–1995 metais." Teisė 82 (January 1, 2012): 60–72. http://dx.doi.org/10.15388/teise.2012.0.117.

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Straipsnyje analizuojamas valdžių padalijimo principo skiriant teisėjus įgyvendinimo reformuojant teismų sistemą procesas, atkuriant Lietuvos Respublikos nepriklausomybę (1990–1995 metais). Tiek priimant 1990 m. Laikinąjį pagrindinį įstatymą, tiek rengiant 1992 m. Lietuvos Respublikos Konstituciją stengtasi įtvirtinti skirtingų valdžių dalyvavimą skiriant teisėjus, taip siekiant užtikrinti tiek valdžių atskyrimą bei jų pusiausvyrą, tiek teisėjų nepriklausomumą. Tačiau, nepaisant konstitucinio reguliavimo, vykdomosios valdžios įtakos teismų sistemai ilgai nepavyko išvengti.The process of implementation of separation of powers principle when appointing judges in judicial branch while gaining Lithuanian’s independence (years 1990-1995) is analyzed in the article. In the Temporary main law of 1990, as well as in the Constitution of 1992 the efforts were made towards gathering different branches together while appointing the judges. Such regulation is deemed to help to ensure both the separation of powers and balance and judicial independence. In spite of the constitutional regulations, the influence of executive power on judicial system remained still for quite long period of time.

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Journal articles on the topic 'Principle of separation of powers'

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