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

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Published: 4 June 2021

Last updated: 25 July 2025

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1

Šinkūnas, Haroldas, and Dovilė Pūraitė-Andrikienė. "The Principle of Separation of Powers: the Case of Lithuania." Review of Central and East European Law 48, no. 2 (2023): 166–93. http://dx.doi.org/10.1163/15730352-bja10080.

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Abstract The principle of separation of powers is one of the most important constitutional principles underlying the organization of public power. In interpreting this principle, the Lithuanian Constitutional Court has defined it is a fundamental principle of the organization and functioning of a democratic state governed by the rule of law, which requires not only separation of the branches of government but also ensuring a balance between them. The constitutional rule stating that ‘in Lithuania, State power is executed by the Seimas, the President of the Republic and the Government, and the

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2

Bagratyan, Bagrat. "The Principle of Separation of Powers in Political Science." WISDOM 1, no. 6 (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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3

Zvesper, Jhon. "The Separation of Powers in American Politics: Why We Fail to Accentuate the Positive." Government and Opposition 34, no. 1 (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 t

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Altarawneh, M.S., Ma'aetah K.H. Al, Tarawneh R.A.E. Al, Nawaiseh I.T.A. Al, A.K. Elayan, and A.A.K. Jaber. "The principle of separation of state powers : Theory and practice." ADVANCE RESEARCH JOURNAL OF MULTIDISCIPLINARY DISCOVERIES 50, no. 1 (2020): 06–12. https://doi.org/10.5281/zenodo.4015922.

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For a long time in the field of government, almost unlimited power can be placed in the hands of one person - but it may be abusive to use its unlimited powers, one way to limit power and prevent management from one person, is theory and practice and the principle is the separation of powers, and this research deals with a study The theory of the separation of powers, and analyzes the impact of this principle on a number of modern developed countries where special importance is attached to the system of checks and balances between the judicial, legislative and executive powers of the governmen

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Yesimov, S. S. "Judicial power in implementing the principle of separation of powers in the budget process of Ukraine." Uzhhorod National University Herald. Series: Law 2, no. 81 (2024): 120–26. http://dx.doi.org/10.24144/2307-3322.2024.81.2.19.

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The article examines the role of the judiciary in implementing the principle of separation of powers in the budget process of Ukraine in the context of current legislation. The object of the study is a set of social relations that are formed in the field of consolidation and implementation of the constitutional principle of separation of powers in the activities of local state authorities in the budget process. The subject of the study is constitutional and legal norms and norms of budget legislation. The methodological basis was made up of general scientific and special-legal (formal-legal, c

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6

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 (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 p

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Hamad, Ahmed M. A., Rachma Indriyani, Ammar M. Mahmoud Al Ramadan, and Riska Andi Fitriono. "Separation of Powers in the Palestinian Law: Does it Reflect the Democratic System? (A Comparative Approach with Indonesia)." Lex Scientia Law Review 6, no. 2 (2022): 265–98. http://dx.doi.org/10.15294/lesrev.v6i2.58038.

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The principle of separation of powers among the three organs of government i.e., the Legislative, Executive, and Judiciary are one of the main pillars of the democratic system. This principle guarantees a balance of powers between these three organs. However, in Palestine, the issue arises as a result of a lack of commitment from these organs to practically apply this principle in accordance with the Palestinian Basic Law of 2003. Nevertheless, in Indonesian Constitution of 1945 has stated that is a democratic country with the foundation of a separation of powers. In addition, the practice in

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8

Osmanlić, Iljaz. "Parliamentarism and current systems of division of state government." Univerzitetska misao - casopis za nauku, kulturu i umjetnost, Novi Pazar, no. 21 (2022): 152–63. http://dx.doi.org/10.5937/univmis2221152o.

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Parliamentarism arose as a negation of autocracy and political omnipotence, as a restraint and rejection of the cruelty and greed of charismatic and patrimonial rulers. Monarchist absolutism has long been powerful in suppressing that more complete essential feature of parliamentarism - its emancipatory, humanistic and democratic face. Parliamentary monarchy is, historically, the first state form in which the substance of the power of the traditional state is divided into three divided and redistributed activities in its exercise, three branches of government: legislative, executive and judicia

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9

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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10

Şaramet, Oana. "EXECUTIVE POWERS IN RELATIONS WITH THE PARLIAMENT. PART I." Agora International Journal of Juridical Sciences 9, no. 4 (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 the

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11

Coptilet, Valentina, and Oxana Molearchuk. "UNITY AND THE SEPARATION OF POWERS IN THE COMMONWEALTH OF INDEPENDENT STATES: GENERAL AND SPECIAL." Revista Naţională de Drept 7-9 (213-215) (September 15, 2018): 26–32. https://doi.org/10.5281/zenodo.3367226.

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In the article Unity and the separation of powers in the commonwealth of independent states: general and special, authors points to the reasons for the reception of the principle of separation of powers in the post-Soviet countries as an attribute of a truly democratic state of law; studied the model of legal recognition of the principle of separation of powers in the states of the Commonwealth of Independent States; identified problematic issues of the relationship of unity and separation of powers.

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Awoyale, Oladoyin. "Enhancing Rule of Law and Social Justice with the Principles of Separation of Power in Nigeria." Open Journal for Legal Studies 6, no. 1 (2023): 7–16. http://dx.doi.org/10.32591/coas.ojls.0601.02007a.

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The principle of rule of law and separation of power is very essential in any sane democratic society. Without rule of law, life will be nasty and there will be anarchy in the society. The principle of separation of power maintains that the three arms of government in Nigeria must be separated from one another and their functions performed differently and independently, that is, one arm of government should not perform the function of the other. This paper is intended to state the rule of law and principles of separation of powers and checks and balances, its meaning and scope and its applicat

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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 (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. Th

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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 (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 o

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15

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-t

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Boratova, Ziyoda. "The Principle of Powers Separation and Its Role in The Functioning of The State Mechanism." International Journal of Social Sciences World (TIJOSSW) 2, no. 2 (2020): 15–20. https://doi.org/10.5281/zenodo.3984375.

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The present paper examines the key features of the mechanism of the state and summarizes the legal views of political scientists and lawyers on this phenomenon. The essence and content of the principle of separation of powers are explained, and the main political and legal positions are given, according to which the principle of separation of powers is structured in a comprehensive manner, including the principle of unity of state authority and a system of checks and balances, ensuring the interaction of the legislative, executive and judicial branches. The need to apply the principle of separ

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Abubakar, Yusuf Sani, Sulaiman Dorloh, and Rajali Haji Aji. "Concept of the Separation of Powers: A Look from the Shariah Point of View." International Journal of Scientific Research and Management (IJSRM) 12, no. 01 (2024): 447–54. http://dx.doi.org/10.18535/ijsrm/v12i01.lla01.

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The separation of powers is the division of the government of a state into different branches, each with its own independent powers. The purpose of a system of separation of powers is to prevent the concentration of power by providing checks and balances. This paper aims to investigate this concept from the Shariah point of view. To achieve this, the research adopts a qualitative research methodology. It is found that the principle of the separation of powers in Islamic Shariah was not clearly present at the time of the Prophet (S.A.W), as he held all three powers. After the Prophet's (S.A.W)

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Buda Dhuli, Brikena. "Organization of the Albanian Judicial System." Interdisciplinary Journal of Research and Development 8, no. 1 (2021): 10. http://dx.doi.org/10.56345/ijrdv8n102.

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All the countries of the former communist bloc, after the fall of totalitarian regimes in the early 1990s, established new governments oriented towards democratic reforms, following the model of countries with high standard democracies, which put the focus on the individual and his freedoms and rights. A distinctive feature of these new democracies in relation to their socio-political tradition was the drafting of liberal constitutions in which state power is distributed among different institutions to achieve a separation of powers, where a functional component of any government is the separa

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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 (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 la

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20

Iryna, Ierusalimova. "Implementation of the separation of powers in the USA Constitution in the historical and legal doctrine experiences." Legal Ukraine 5, no. 5 (2021): 6–12. http://dx.doi.org/10.37749/2308-9636-2021-5(221)-1.

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This article provides a historical and legal analysis of the US Constitution adopted in 1787. Particular attention is paid to the consideration of the principle of powers’ separation in the constitutional mechanism of the United States, which assumes clear organizational independence of the legislative, executive and judicial branches. According to J. Hart’s precised definition, «if all roads lead to Rome, then sooner or later all issues of American governance come down to the separation of powers» [8, p. 34]. The main feature of the rule of law is the delimitation of functions between the gov

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Васильев, В. Г. "Особенности реализации принципа разделения властей в отдельных странах". СОВРЕМЕННОЕ ПРАВО, № 4 (9 травня 2023): 47–50. https://doi.org/10.25799/ni.2023.22.29.007.

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Статья посвящена особенностям реализации одного из важнейших принципов демократических режимов — принципа разделения властей в отдельных странах. Автор рассматривает роль народа как источника власти, место и роль гражданского общества. Отмечается, что в некоторых странах принцип разделения властей не признается и не реализуется. В первую очередь это абсолютные монархии, а также социалистические страны. Рассматриваются также страны, формально признающие разделение властей, но на практике отдающие приоритет одной из ветвей власти. К их числу, в первую очередь, относятся страны англосаксонского п

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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 (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 consti

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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 (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 a

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Akhmedshayeva, Mavlyuda. "THE THEORY OF SEPARATION OF POWERS AND SOME THEORETICAL ISSUES OF ITS FORMATION." Review of Law Sciences 7, no. 4 (2023): 5–16. http://dx.doi.org/10.51788/tsul.rols.2023.7.4./cbtb5436.

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The principle of separation of powers implies the division of state power, which is unified by its source, into three mutually independent branches. Each of the branches of power is responsible for an important area of state activity and, at the same time, exercises control over the conduct of activities within the authority of other branches of power, which is ensured by the mechanism of “checks and balances.” In this regard, the analysis of some theoretical issues related to the history of the formation and development of the theory of separation of powers will serve to proper understanding

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Gadhave, Asmita Subhash. "A Comparative Study on separation of power in India, UK and USA Constitution." International Scientific Journal of Engineering and Management 03, no. 03 (2024): 1–9. http://dx.doi.org/10.55041/isjem01405.

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India has its written Constitution, it is said to be lengthy. It is a Holy text to the Citizens of India. The Constitution entails Fundamental Rights and Fundamental Duties in Part III and Part IV respectively. The Constitution has recognized the separation of powers as part of it. 'Separation of Powers' is a basic principle where powers and responsibilities are divided among the executive, legislative and judicial branches. The study takes a multidimensional approach, taking into account institutional, political, historical, and legal aspects. The author attempted to analyze the doctrine of S

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Sarip, Sarip, and Nur Rahman. "SEPARATION OF POWER: BERPISAH UNTUK BERTEMU." Jurnal De Jure Muhammadiyah Cirebon 4, no. 2 (2020): 15–30. http://dx.doi.org/10.32534/djmc.v4i2.3172.

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Theorists struggle to determine the nature of the separation of power. There are many objections to the tripartite separation (three powers) of the state in the form of the legislature, executive and judiciary by referring to Montesquieu in his Spirit of the Laws for the history of political theory originating in the French state. The separation of powers is a vital feature of western democracies, enshrined in various federal and state constitutions. As a broad principle, theorists struggle to determine its precise nature, and many argue that the tripartite separation of state power into legis

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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 dev

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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 (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

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Waldron, Jeremy. "Separation of powers in thought and practice?" Revista de Direito Administrativo 279, no. 3 (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

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Michael, Tomy. "THE SEPARATION OF POWERS AND PRINCIPLES OF STATE POLICY." International Journal of Law in Changing World 4, no. 1 (2025): 66–87. https://doi.org/10.54934/ijlcw.v4i1.126.

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This article examines the main points of state policy, which is more popularly known as the Outlines of State Policy (GBHN), but in fact, the two meanings are very different. Referring to the Decree of the People's Consultative Assembly of the Republic of Indonesia Number IV/MPR/2014 concerning the Recommendation of the People's Consultative Assembly of the Republic of Indonesia for the 2009-2014 Term of Office, specifically in Point 10,it is written to reformulate the national development planning system with the GBHN as the model.Although the GBHN was rejected, it became a reference. Before

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

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Jung, Pilwoon. "Principle of Separation of Powers, What Should Be Taught?" Korean Association for the Social Studies 32, no. 1 (2025): 1–17. https://doi.org/10.37409/rsse.32.1.1.

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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 (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 c

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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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Niaz, Abdul Wahid. "Assessing Power Dynamics: Afghanistan's Constitutional Framework of 2004." Sprin Journal of Arts, Humanities and Social Sciences 3, no. 4 (2024): 47–51. http://dx.doi.org/10.55559/sjahss.v3i4.287.

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This study provides a detailed analysis of the Afghanistan Constitution of 2004, focusing on the principles of separation and balance of powers as outlined in the renowned theory originating from influential political thinkers such as Thomas Hobbes, John Locke, Rousseau, and Montesquieu. The theory of separation of powers has gained widespread acceptance globally, serving as a fundamental tenet of political thought and constitutional law. Through a meticulous examination, this research investigates the incorporation of the theory within the 2004 Afghan constitution, scrutinizing its manifestat

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Nwauzi, Linus O. "THE DOCTRINE OF SEPARATION OF POWERS UNDER THE NIGERIAN CONSTITUTION." PEOPLE: International Journal of Social Sciences 8, no. 2 (2022): 113–27. http://dx.doi.org/10.20319/pijss.2022.82.113127.

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Separation of powers is a hallowed constitutional principle of the democratic government of Nigeria for the three arms of government to stay in their assigned tracks to avoid arbitrary excesses by any of the arms. The ideal is that the legislature makes the law; the executive executes the law, while the judiciary interprets the law. In recent times, the president of Nigeria churns out Executive Orders in the form of ‘laws seeking to regulate the activities of the government and the people. Similarly, agencies of the federal government have been found wanting in this act. This paper thus revisi

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Turdiev, Khayitjon. "ISSUES OF INFLUENCE OF RELATIONS OF THE BRANCHES OF POWER FOR THE FORM OF STATE GOVERNMENT." Jurisprudence 2, no. 4 (2022): 36–43. http://dx.doi.org/10.51788/tsul.jurisprudence.2.4./axih7977.

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This article provides a comprehensive analysis of the role of public administration in the effective implementation of the principle of separation of powers. The problem of rational balance between parliament and government in the system of state power is relevant today. The relationship between the legislature and the executive is an important tool that directly affects the form of governance of each state. According to the author, the control and interaction of the branches of government without acting as an observer is important in the implementation of the state mechanism, but in the proce

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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 (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 organizati

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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 (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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Sanjay, Kumar Baranwal, and Shanker Prasad Srivastava Jai. "Separation of Powers in Indian Perspective." Recent Researches in Social Sciences & Humanities (ISSN: 2348 – 3318) 8, no. 5 (Special Issue) (2021): 21–28. https://doi.org/10.5281/zenodo.6586799.

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The Doctrine of Separation of Powers seeks to protect the centralization of power in one hand; as history has repeatedly demonstrated centralization of power in one or a few hands can lead to disastrous outcomes. The application of this principle makes the government liable, accountable, and answerable to its citizens for its actions, thereby aiding in the promotion and protection of human rights. For the smooth functioning of any government, cooperation and coordination among all three wings of the government is necessary. After considering all the aspects of separation of power, it needs to

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Kamali, Mohammad Hashim. "Separation of Powers: An Islamic Perspective." ICR Journal 5, no. 4 (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 th

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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-au

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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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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 (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 o

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Dolnicki, Bogdan. "Wpływ konstytucyjnej zasady pomocniczości na kształt i funkcjonowanie samorządu terytorialnego." Przegląd Prawa Konstytucyjnego 73, no. 3 (2023): 107–25. http://dx.doi.org/10.15804/ppk.2023.03.08.

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In the contemporary literature on the subject, there is no doubt that local government performs tasks of a public nature. It is also acceptable for the local government to use legal instruments typical of the state authority. However, the issue of the principle of division of powers between the state and local government is disputed. If the existence of a local government equipped with its own, independently performed scope of tasks and responsibilities has been recognized as a legal principle of constitutional rank, then the division of tasks cannot be made in an optimal way only between sepa

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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

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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 (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 o

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Tursunov, Dr Qahramon S. "NEW UZBEKISTAN AND ELECTION LEGISLATION." CURRENT RESEARCH JOURNAL OF PHILOLOGICAL SCIENCES 02, no. 12 (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 (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,

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Pilipenko, Anatoliy. "Civil Control in France." Journal of Foreign Legislation and Comparative Law 19, no. 4 (2023): 58. http://dx.doi.org/10.61205/jzsp.2023.050.

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At the heart of civil control lies the idea of the admissibility and necessity of checking by citizens and their associations of the activities of state-power institutions for the proper performance by them of the tasks assigned to them. This idea itself is in conflict with the essence of power itself, its nature is not inclined to tolerate any kind of control over itself in any of its forms and origins. Thus, we have a dilemma: uncontrolled power is arbitrariness; controlled power is no longer power, at least in the sense that it is perceived by its holders. There is no place for civil contro

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