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Journal articles on the topic 'State executive power'

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Published: 28 May 2022

Last updated: 30 July 2025

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1

WEAVER, WILLIAM G., and ROBERT M. PALLITTO. "State Secrets and Executive Power." Political Science Quarterly 120, no. 1 (2005): 85–112. http://dx.doi.org/10.1002/j.1538-165x.2005.tb00539.x.

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2

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

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3

Hà, Trần Thị Thu, та Chu Văn Ninh. "THỰC TIỄN TRIỂN KHAI THI HÀNH QUY ĐỊNH CỦA HIẾN PHÁP NĂM 2013 VỀ QUYỀN HÀNH PHÁP". Tạp chí Khoa học Pháp lý Việt Nam, № 02(174) (10 вересня 2024): 42–51. http://dx.doi.org/10.70236/tckhplvn.60.

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Executive power stands as a cornerstone of state authority across nations globally. This article focuses on assessing the application of the 2013 Constitution’s provisions concerning executive power, almost a decade since its implementation. Building upon this evaluation, the article aims to proposes several recommendations aimed at enhancing the law and the efficacy of executing executive power in contemporary Vietnam.

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4

SINANI, Blerton. "Judicial Control of State Executive Power." Jurnalul de Studii Juridice 14 (December 2, 2019): 20–41. http://dx.doi.org/10.18662/jls/39.

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İlham oğlu Səlimov, İbrahim. "AZƏRBAYCAN RESPUBLİKASINDA DÖVLƏT HAKİMİYYƏTİNİN REALİZƏSİ SAHƏSİNDƏ İCRA HAKİMİYYƏTİNİN YERİ VƏ DAXİLİ İYERARXİYASI." SCIENTIFIC WORK 51, no. 02 (2020): 50–53. http://dx.doi.org/10.36719/aem/2007-2020/51/50-53.

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Aziz, Norazlina binti Abdul, and Rosa Ristawati. "The Constitutional Power Of The Executive in The Age of Rule of Law: A Comparative Study on Malaysia and Indonesia." Sociological Jurisprudence Journal 3, no. 2 (2020): 75–83. http://dx.doi.org/10.22225/scj.3.2.1857.75-83.

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The rule of law sets as an important principle entrenched in the Constitution of Malaysia and Indonesia. This principle stand as a guardian against abuse of power by the government as nobody shall be above the law. This paper examines the practices of the executive power relating to decision-making policy, execution of power and enforcement activities in Malaysia and Indonesia. It also analyses how the executive branch perfoms the powers in accordance to the rule of law. It mainly focuses on the institutional framework of the head of the government and head of state. The analysis allows for id

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Volchenko, M. "SUBJECTS OF PUBLIC ADMINISTRATION WHICH PERFORM ADMINISTRATIVE AND LEGAL REGULATION IN THE SPHERE OF THE ANIMAL WORLD." Scientific Notes Series Law 1, no. 13 (2023): 103–8. http://dx.doi.org/10.36550/2522-9230-2022-13-103-108.

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This article discloses the system of subjects of public administration that carry out administrative and legal regulation in the field of the animal world. The author determined that the subjects of legal regulation in the field of the animal world are a system of state and non-state bodies that are endowed with state-authority powers (or such powers are delegated to them) and are authorized to apply organizational, economic, and legal measures for the protection, use, and restoration of the animal world . State management and regulation in the field of protection, use and reproduction of the

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Guyer, Paul. "“Hobbes Is of the Opposite Opinion” Kant and Hobbes on the Three Authorities in the State." Hobbes Studies 25, no. 1 (2012): 91–119. http://dx.doi.org/10.1163/187502512x639623.

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Like Hobbes and unlike Locke, Kant denied the possibility of a right to rebellion. But unlike Hobbes, Kant did not argue for a unitary head of state in whom legislative, judicial, and executive powers are inseparable, and thus did not believe that the executive power in a state to whom must be conceded a monopoly of coercion also defines all rights in the state. Instead, Kant insisted upon the necessary division of authority in a state into a separate legislature, executive, and judiciary, and thus, while rejecting the idea that a people could ever rightfully overthrow their entire constitutio

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9

Gomes Schapiro, Mario. "A regulação executiva da moeda: a variedade institucional da regulação monetária brasileira na Nova República." Revista de Direito Administrativo 279, no. 2 (2020): 141. http://dx.doi.org/10.12660/rda.v279.2020.82008.

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<p>The presidential dominance in monetary regulation: the institutional variety of brazilian monetary regulation throughout the New Republic</p><p> </p><p>RESUMO</p><p>O objetivo do trabalho é, a partir da literatura sobre “estado regulador”, caracterizar a variedade regulatória brasileira que se constituiu no sistema financeiro, entre 1988 e 2018. O principal argumento deste artigo é que, no sistema financeiro brasileiro, o Poder Executivo (e não o Congresso) foi o principal da delegação regulatória. Além disso, o Executivo, por meio do Conselho Monet

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10

Zh., Abuzyarova. "FUNCTIONS AND ORGANIZATIONAL STRUCTURE OF STATE ADMINISTRATION." Journal of science. Lyon, no. 36 (October 31, 2022): 5–7. https://doi.org/10.5281/zenodo.7300500.

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<strong>Abstract</strong> The question of the structure of state power is the question of its internal structure, of the elements of which it consists. It seems that the structure of state power must be considered from different positions, from different points of view. This will allow you to get a deeper understanding of the state power itself and the elements that make it up. Starting to study the content and features of the public administration of the Republic of Kazakhstan, it is necessary, first of all, to determine what is governance? This term has become a universal means of characteri

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11

Varshney, Dr Rahul, and Sachin Sharma. "Executive Legislation in India: Legality of Ordinance Making Power." Praxis International Journal of Social Science and Literature 6, no. 8 (2023): 170–75. http://dx.doi.org/10.51879/pijssl/060819.

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Misuse of ordinance making power by executive is one of the major problems of parliamentary democracy in India. Indian constitution provisioned for ordinance to tackle the urgent situations created through exceptional circumstances but it has been exercised to trespass into the legislative functions of the state. In many cases legislature was replaced with the executive as many ordinances were re-promulgated repeatedly for years without even bringing before the legislature. This paper tries to analyze the basic traits of ordinance making power and its current practice by the different governme

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12

Varga, Ádám. "Local Self-Governments and the Vertical Division of Power." Public Governance, Administration and Finances Law Review 6, no. 2 (2021): 121–32. http://dx.doi.org/10.53116/pgaflr.2021.2.9.

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Local self-governments cannot be defined as entities against the state, nor do they merely assist in executing the central will. The significance of local self-governments lies in their role in the division and balancing of powers. In light of the principle of subsidiarity, the need for autonomy through decentralisation necessarily leads to the central bodies of the state being marginalised in these matters, in a sense, the latter lose their ability to solve the issues raised within their own sphere of competence.From a certain point of view, this can even be considered a vertical division of

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13

Lobanov, I. V. "Constitutional Regulation of the Interaction of Federal Executive Authorities and Executive Bodies of Subjects of the Russian Federation." Izvestiya of Saratov University. Economics. Management. Law 11, no. 1 (2011): 84–88. http://dx.doi.org/10.18500/1994-2540-2011-11-1-84-88.

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Separation of powers in the Russian federal state requires the defini‑ tion of authority and competence of the executive authorities of the Russian Federation and federal entities. With the implementation of joint of powers must be interaction between the executive bodies of state power

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14

Wolf, Loammi. "A critical appraisal of the parole system and its compliance with section 165 of the Constitution." South African Law Journal 141, no. 3 (2024): 554–88. http://dx.doi.org/10.47348/salj/v141/i3a7.

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In terms of state organisation under the Constitution of the Republic of South Africa, 1996, the administration of justice, which encompasses the powers of the judiciary and the prosecuting authority, is clearly demarcated from the executive. Section 165(5) of the Constitution explicitly states that an order or decision of a court ‘binds all persons to whom and organs of state to which it applies’. Sentencing is a judicial power, and the discretion to grant parole is also a judicial power. The legislature attempted to reform the 1959 parole system, which conferred parole powers upon executive

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15

Pogorelova, Z. "Organizational and legal directions for improving the normative activity of the central bodies of the executive government." Uzhhorod National University Herald. Series: Law 1, no. 76 (2023): 54–59. http://dx.doi.org/10.24144/2307-3322.2022.76.1.8.

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The article examines the organizational and legal The article examines the organizational and legal directions for improving the rule-making activity of the central executive bodies, aimed at increasing the level of systematization of the rule-making activity of the central executive bodies, improving the level of qualification of rule-makers, strengthening the process of coordination and control over this activity. The improvement of rule-making activity is evaluated in the context of the administrative reform carried out in Ukraine for a long time, as a result of which a system of exec

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16

KOZHAKHMETOV, Galym, Guldana KUANALEEVA, and Saulen NURZHAN. "Issues of Legal Regulation of the Executive Authority in the Republic of Kazakhstan and Foreign Countries." Journal of Advanced Research in Law and Economics 8, no. 7 (2018): 2178. http://dx.doi.org/10.14505//jarle.v8.7(29).16.

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This article consecrates topical issues of executive power, which points to one of the most acute problems of world society. The executive branch is recognized as one of the three branches of the unified state power by the current constitutional doctrine and practice of the Republic of Kazakhstan - a unitary state with a presidential form of government. The process of management constant development has a direct impact on the system of executive power and the structure of individual executive bodies, generates the demand for an in-depth analysis of this influence, its consideration in the crea

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KOZHAKHMETOV, Galym, Guldana KUANALEEVA, and Saulen NURZHAN. "Issues of Legal Regulation of the Executive Authority in the Republic of Kazakhstan and Foreign Countries." Journal of Advanced Research in Law and Economics 8, no. 7 (2017): 2168. http://dx.doi.org/10.14505/jarle.v8.7(29).15.

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This article consecrates topical issues of executive power, which points to one of the most acute problems of world society. The executive branch is recognized as one of the three branches of the unified state power by the current constitutional doctrine and practice of the Republic of Kazakhstan - a unitary state with a presidential form of government. The process of management constant development has a direct impact on the system of executive power and the structure of individual executive bodies, generates the demand for an in-depth analysis of this influence, its consideration in the crea

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18

Irkliienko, А. І. "The Constitutional Court in Austria: history and modernity." Analytical and Comparative Jurisprudence, no. 5 (December 30, 2022): 58–61. http://dx.doi.org/10.24144/2788-6018.2022.05.10.

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It has been found that the organization of the internal political life of the state, as well as nature and direction of its foreign policy is largely determined by the state system and political system of this state. Austria – a democratic legal state based on a principle of the supremacy of the constitution. The foundation of all actions of state authorities – legislative, judicial and executive, including government, – laid down in the constitution, that is, they must correspond to the constitution. In order for the supremacy of the constitution to exist not only on paper, but also to operat

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19

Jashari, Murat, and Behar Selimi. "The Role of the Head of State on National Security Issues in Presidential Democracies - The USA Case." International Journal of Social Science Studies 5, no. 7 (2017): 12. http://dx.doi.org/10.11114/ijsss.v5i7.2401.

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American democracy continues to be one of the most stable democracies in the world and the model followed by many countries of the world. The practice of presidential governance based on the principle of 'checks and balances' of powers, has shown that the head of state should have sufficient executive powers to preserve and guarantee the democracy, especially in the field of defense and security. Furthermore, in circumstances of threats to national security, its powers can and should set a ''balance'' of powers in favor of the executive power, while not ignoring ''control'' of other powers ove

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20

Nemțoi, Gabriela. "Exceptional Measures Regarding the Powers of the President." European Journal of Law and Public Administration 10, no. 2 (2023): 10–15. http://dx.doi.org/10.18662/eljpa/10.2/204.

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The presidential institution in the Romanian constitutional system has an important role in ensuring the guarantor of the . The President of Romania is part of the executive power and meets the essential prerogatives of this power. As a model for organizing the executive power, the Romanian constitution establishes the bicephalic model. According to this dualist model recipe, executive power is distributed evenly between the head of state and the Government. In this article we will try to establish the legitimacy of the President of Romania to undertake exceptional measures. As such, the compe

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21

Repetska, Anastasiia. "Interaction of Institutes of Legislative and Executive Powers in Modern Ukraine." Історико-політичні проблеми сучасного світу, no. 35-36 (December 20, 2017): 351–56. http://dx.doi.org/10.31861/mhpi2017.35-36.351-356.

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Interaction between the institutions of state power ensures normal performing of their duties as entire state mechanism. It does not enable any of the branches of power. It is for this purpose that the founder of the division of power created a system of restraints and counter balances. To ensure their independence of one branch of government from another, it is necessary that each one has a real opportunity to influence another. Through the division of powers, the rule of law is organized and operates by legal means. At the same time, the principle of distribution of power is not so muc

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22

Hornbeck, Dustin, and Joel Malin. "State Auditors in Education Policy." Educational Policy 33, no. 7 (2018): 1047–75. http://dx.doi.org/10.1177/0895904818755469.

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Contemporary education reform movements in the United States have emphasized accountability for student performance. Policy actors serving within the executive branch have arguably gained power in part to provide this accountability function. The present study, in which Ohio and Pennsylvania serve as state case contexts, examines the changing education policy role of executive-level state auditors. Findings indicate their powers have expanded considerably between 2005 and 2017, with expansion attributable to four main factors: the proliferation of brick-and-mortar and online charter schools, a

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23

Shamrat, Abu Sufian. "Authoritarianism in Russian Politics: State Reformation at Stake?" IndraStra Global 004, no. 05 (2018): 0020. https://doi.org/10.5281/zenodo.1246388.

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<strong>Introduction</strong>   Russia’s political development has been mixed since the fall of Soviet Union in 1991. An optimistic burst of activity in the early 1990s pushed the country from Soviet rule toward a greater emphasis on individual rights, but the country is now widely considered to be under authoritarian rule, or at least to be moving decisively toward centralization. At best, Russia can be seen as a<em> "hybrid regime"</em> or <em>"competitive authoritarianism"</em> that blends in some elements of e

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Antonyuk, O. "Interaction of executive authorities in the process of optimization of powers of local government bodies." Uzhhorod National University Herald. Series: Law, no. 71 (August 25, 2022): 210–15. http://dx.doi.org/10.24144/2307-3322.2022.71.35.

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The article is devoted to the definition of forms and directions of interaction of executive bodies of the basic level in the process of optimizing the powers of local self-government bodies, carried out as a result of the decentralization reform. Based on the analysis of the provisions of normative legal acts, the author identifies the system of executive bodies organized in Ukraine. It is proved that the executive bodies, which are formed at village, settlement, city and district councils in the city (in case of formation), are represented only at one - local level. It was found that t

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Rost, Katja, and Margit Osterloh. "Are top executives paid too much? Determinants of directors’ pay in Switzerland." Corporate Board role duties and composition 4, no. 2 (2008): 7–23. http://dx.doi.org/10.22495/cbv4i2art1.

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Executive compensation has become a fashionable topic: Cross-nationally, the earnings of executives and non-executive directors have risen significantly in recent years. Academic literature offers two hypotheses for this trend, a “fat cat” and an “optimal-contract” explanation. Proponents of the “fat cat” explanation state that directors are paid too much due to their unjustified power. Proponents of the “optimal-contract” hypothesis state that competition in the managerial labour market establishes an optimal compensation contract. This study contrasts both hypotheses and presents evidence th

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26

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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Kozachenko, A. I. "Comparative Legal Analysis of Constitution of Ukraine of 1710 and Constitution of Poland of 1791." Analytical and Comparative Jurisprudence 1, no. 3 (2025): 31–36. https://doi.org/10.24144/2788-6018.2025.03.1.4.

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The paper presents a comparative legal analysis of the application of the principle of separation of powers into legislative, executive and judicial in the Constitution of Ukraine of 1710 and the Constitution of Poland of 1791. The study is due to the affinity of state and legal traditions formed in Ukraine in days of the Polish-Lithuanian Commonwealth. Due to the combination of the ideas of European constitutionalism and their own state and legal experience, the Ukrainian and Polish Constitutions of the 18th century had a number of common and distinctive features regarding the introduction of

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28

IVANOVSKA, Alla, and Roman HAVRIK. "On the question of determining the administrative and legal status of local public administration bodies." Economics. Finances. Law 4/2024, no. - (2024): 36–39. http://dx.doi.org/10.37634/efp.2024.4.7.

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In the paper, the author's team conducted a scientific study of the issues of determining the list of local bodies of public administration and their administrative and legal status. As a result of the conducted scientific research, the authors came to the conclusion that local public administration bodies can include such bodies as: local state administrations as local bodies of executive power, territorial bodies of central bodies of executive power, bodies of local self-government, regardless of whether they perform delegated powers of the executive power or not, other subjects, if they are

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Payda, Yuriy. "Public administration as an object of administrative and legal regulation." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 3, no. 3 (2020): 65–72. http://dx.doi.org/10.31733/2078-3566-2020-3-65-72.

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The concept and legal nature of public administration have been analyzed. The analysis of research works has allowed to state that the term "public administration" is considered in two aspects - structural and procedural (or functional) where public administration should be understood as executive bodies, local self-government bodies, as well as entities endowed by the state with public administration functions that perform public administration functions and whose purpose is to ensure the interests of the state and society as a whole, and their activities carried out within the law. The princ

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30

Martyniuk, Roman, and Oleksii Datsiuk. "Dualistic organization of the executive authority: theory issues and modern ukrainian experience." Wschód Europy Studia humanistyczno-społeczne 10, no. 1 (2024): 89–110. https://doi.org/10.17951/we.2024.10.1.89-110.

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The form of government established by the current version of the Constitution of Ukraine generally meets the criteria of a mixed republic. One of the distinguishing features of the mixed republican form of government is the dualism of executive power, which provides for the constitutional consolidation of the joint competence of the president and the government in the executive branch. The presence of the president and the prime minister as two leading subjects of the executive power, none of whom dominates competently, prevents the abuse of executive power. The dualistic organization of the e

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31

Najafli, E. "Features of the initial stage of digitalization of the executive authority of Ukraine: historical and legal overview." Bulletin of Kharkiv National University of Internal Affairs 101, no. 2 (P. 1) (2023): 32–42. http://dx.doi.org/10.32631/v.2023.2.03.

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The article is devoted to the historical and legal analysis of the specifics of the process of primary digitization of the executive power in modernization in modern Ukraine (1993–2003), highlighting the main legal patterns of such a process. It is shown that the digitalization of the executive power has become a component of the only, in fact, process of digitalization of the public administration system in Ukraine, which covered all spheres, levels and segments of the functioning of state authorities and their interaction with citizens and society as a whole. Being a legal process, such digi

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Yakovchuk, Ya V. "Local executive authorities as the subjects of the public administration." Uzhhorod National University Herald. Series: Law, no. 65 (October 25, 2021): 261–65. http://dx.doi.org/10.24144/2307-3322.2021.65.48.

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The article deals with the public administration of the local executive authorities in the context of European in-tegration and decentralization of power. The implementation of public administration by local state administrations involves satisfying the basic needs of society, the balance between the rights and interests of those to whom the actions of public administration are directed, and the interests of society as a whole.It is noted that public administration of the local executive authorities is carried out through executive and ad-ministrative activities and the provision of administra

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Mamasaidov, A. "Essence and Importance of the Constitutional Legal Status of the Executive Bodies of the Kyrgyz Republic." Bulletin of Science and Practice 10, no. 8 (2024): 380–84. http://dx.doi.org/10.33619/2414-2948/105/45.

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In this article, the author analyzed the significance of the constitutional and legal status of executive authorities of the Kyrgyz Republic. In the course of the study, the author clearly defined the legal features of the terms “executive power”, “public administration” and “executive authorities”. In addition, the article examines the place of executive authorities in the system of state power and the peculiarities of performing the functions and tasks of the state.

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Acharya, Bhoj Raj. "Power Equilibrium Among the Organs of the State: A Critical Analysis." Teacher Half-Yearly Journal 17, no. 1 (2025): 32–47. https://doi.org/10.3126/thj.v17i1.77838.

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The paper explores and explains the legal system as the central nervous system to balance the three pillars of political power of governance from Nepalese perspective. The key question is “How do the legal practices create a triangular equilibrium of political power among the organs of state for effective governance of Nepal?” This paper addresses the problem by adopting the qualitative research design, which enables the researcher to explore and explain the holistic phenomena like legal practices that binds and creates an equilibrium state between the three key political powers of governance:

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Zhang, Xiaohong, Gaowen Tang, and Zhaohong Lin. "Managerial power, agency cost and executive compensation – an empirical study from China." Chinese Management Studies 10, no. 1 (2016): 119–37. http://dx.doi.org/10.1108/cms-11-2015-0262.

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Purpose Based on the theory of “optimal contracting approach” and “the managerial power approach”, this paper aims to investigate whether senior executives of listed companies in China make use of their power to gain their own private benefits. The paper also compares compensation contracts between state- and private-owned enterprises to test whether there is a significant difference between senior executives from different ownership types of enterprises in terms of compensation contracts. Design/methodology/approach The paper raises four hypotheses based on the theories of “company agency”, “

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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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Sudirman, Sudirman. "Single Executive in The Indonesian Presidential System." Jurnal IUS Kajian Hukum dan Keadilan 11, no. 1 (2023): 1–16. http://dx.doi.org/10.29303/ius.v11i1.962.

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This article discusses a single executive in the Indonesian presidential system. A single executive is power as head of state and power as head of government depends, on one hand, on the President. However, the 1945 Constitution does not explicitly discuss the concept of a single executive, so information about this concept is not collected properly, so this article discusses in depth the concept of a single executive in the Indonesian presidential system based on the 1945 Constitution. This study uses normative legal methods. The finding indicated that the single executive in the Indonesian p

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Jenart, Cedric, and Mathieu Leloup. "Separation of Powers and Alternative Dispute Resolution before the European Court of Human Rights." European Constitutional Law Review 15, no. 2 (2019): 247–71. http://dx.doi.org/10.1017/s1574019619000129.

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Alternative dispute resolution procedures before the European Court of Human Rights – The state agent, a member of the executive branch, tasked with representing the respondent state – Judicial and legislative branches of the respondent state limited or bound by concessions by the state agent – Convention framework effectively increases the power of the executive branch to the detriment of the other branches of government in the respondent state – Tension with national separation of powers – Possible solutions on a national and international level

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Pakaya, Salahudin. "Political Law Regulation of Judicial Institutions in Exercising the Powers of an Independent Judgment: Before and After Amendments to the 1945 Constitution." International Journal Papier Public Review 1, no. 2 (2020): 119–28. http://dx.doi.org/10.47667/ijppr.v1i2.91.

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The Supreme Court is a judicial institution that has existed since the Indonesian state was formed in 1945. This institution was formed based on the mandate of the constitution in article 24 of the 1945 Constitution, namely "judicial power is exercised by a Supreme Court and other judicial bodies according to law". But in fact, in the course of Indonesia's national and state life from its independence in 1945 to 1998, the judicial power exercised by the Supreme Court was not free and independent, both institutionally and independently of its judges. The influence of the executive power held by

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Nguyễn, Văn Trí, та Hồng Thị Phi Phi Dương. "THỰC TRẠNG KIỂM SOÁT GIỮA CÁC CƠ QUAN NHÀ NƯỚC TRONG VIỆC THỰC HIỆN CÁC QUYỀN LẬP PHÁP, HÀNH PHÁP, TƯ PHÁP THEO HIẾN PHÁP NĂM 2013". Tạp chí Khoa học Pháp lý Việt Nam, № 07(179) (12 вересня 2024): 1–12. http://dx.doi.org/10.70236/tckhplvn.88.

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The 2013 Constitution, for the first time, constitutionalized the issue of controlling state power in Vietnam. Accordingly, related to state power, in addition to assignment and coordination issues, there are also control issue between agencies in the exercise of legislative, executive, and judicial power. The article analyzes and evaluates some inadequacies in controlling power between the National Assembly, the Government, and the Court in the exercise of legislative, executive, and judicial power; and makes recommendations to contribute to improving the effectiveness of state power control

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Wolf, Loammi. "Pre- and Post-Trial Equality in Criminal Justice in the Context of the Separation of Powers." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 14, no. 5 (2017): 57. http://dx.doi.org/10.17159/1727-3781/2011/v14i5a2600.

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The previous Westminster criminal justice system entailed a different kind of separation of powers insofar as it concerns the role of state prosecutors. In the Westminster system prosecutors are part of the executive branch, whereas they were a split-off from the judiciary in constitutional states and function like a de facto second organ of the third branch of state power. Currently executive interference in state prosecutions often leads to pre-trial inequality. A further difficulty arises from the unconsidered manner in which the former royal prerogative of pardoning was retained in the Con

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Sari, Leona putri, and Arif Wibowo. "Pelaksanaan Putusan Peradilan Tata Usaha Negara (PTUN)." Jurnal Penelitian Multidisiplin 2, no. 1 (2023): 59–63. http://dx.doi.org/10.58705/jpm.v2i1.99.

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Execution of the decision (executie) is the method and conditions that used by the tools of state power to help interested parties to carry out the judge's decision if the losing party is not willing to comply with the substance of the decision within the allotted time.limiting court decisions that have permanent legal force that are relevant to implementation, namely a decision that has been accepted by the parties or has not been submitted again legal action (appeal or cassation). Court decisions that have not yet obtained force the law still does not have the power of execution or in other

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Svendsen, Mathias Rose. "Constitutional Limitations on the Competence to Entrust the Exercise of Authority to Private Entities." European Constitutional Law Review 13, no. 04 (2017): 704–23. http://dx.doi.org/10.1017/s1574019617000323.

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Danish constitutional limitations – Entrusting executive power to private entities – Executive power involving coercive measures – A previous assumption – Use of physical force – Private prisons – Constitutional interpretation – Binding constitutional assumptions – Substantive limitations – Organisational limitations – External delegation under Danish administrative law – American constitutional law – Private entities’ fundamental self-interest – Conflicts of interest – Pecuniary or other personal interest – Healthcare legislation – The ministerial system – Democratic and legal liability – Jud

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Meh, Y. V., V. R. Golovko, and D. D. Horobets. "Administrative status of modern subjects of the state security sector." Analytical and Comparative Jurisprudence, no. 5 (November 17, 2023): 726–30. http://dx.doi.org/10.24144/2788-6018.2023.05.130.

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The article is devoted to the study of the administrative status of modern subjects of the security sector in the context of the introduced legal regime of martial law. Legally recognized public institutions empowered in the national security sector were chosen as the object of the study. On the other hand, the administrative status of entities that are not empowered with authority (for example, natural persons - citizens) is uniform and can be specified, for example, at the level of ensuring individual rights of natural persons in the state security sector. It was determined that the sp

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Budi, Iwan Setia, and Adi Prabowo Supriyono. "SEPARATION AND DISTRIBUTION OF POWER IN THE CONCEPT OF A DEMOCRATIC STATE IN INDONESIA." Constitutional Law Society 3, no. 1 (2024): 25–35. http://dx.doi.org/10.36448/cls.v3i1.64.

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Democracy as a system of government which in modern times is adopted by almost all countries in the world, is developing very widely and dynamically along with the development of the state constellation. A system that positions the people as the final determinant of the exercise of power is considered ideal in constitutional life. Indonesia is one of the countries that implements the separation of powers in its government system as outlined in the 1945 Constitution. Based on the background above, the author can formulate the problem as follows: how is the Separation and Distribution of State P

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Habibi, Miftakhur Rokhman. "Implikasi Kedudukan KPK Sebagai Rumpun Kekuasaan Eksekutif Berdasarkan Undang-undang Nomor 19 Tahun 2019." Al-Jinayah Jurnal Hukum Pidana Islam 7, no. 1 (2021): 47–71. http://dx.doi.org/10.15642/aj.2021.7.1.47-71.

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The development of modern state administration constitutes new branches of power outside the Legislative, Executive and Judicial power, as well-known in the concept of “trias politica”. This branch of power is an Independent power with the emergence of a number of independent State commissions. In Indonesia, one such institution is the Corruption Eradication Commission (KPK). However, Law Number 19 of 2019 changed the KPK to become part of the executive power. So that, in this paper will discuss about the position of independent state institutions in a constitutional perspective and the implic

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Karhamanian, D. K. "Features of the types of control on the performance of electronic procedures in the activities of public administration entities." Analytical and Comparative Jurisprudence, no. 3 (July 22, 2024): 341–45. http://dx.doi.org/10.24144/2788-6018.2024.03.58.

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The scientific article highlights the essence of the types of control over the implementation of electronic procedures in the activities of public administration bodies, namely: parliamentary control; from the representative of the Verkhovna Rada of Ukraine on human rights; from the central bodies of executive power. The author substantiates the expediency of improving the legal regulation of the procedure for holding a preliminary meeting before the trial of the case. In particular, it is considered expedient to establish the terms of holding a preparatory meeting from the moment of receipt o

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Kyryliuk, Oleh. "IMPROVEMENT OF MECHANISMS FOR IMPLEMENTING THE RESULTS OF PARLIAMENTARY CONTROL." Innovative Solution in Modern Science 5, no. 49 (2021): 5. http://dx.doi.org/10.26886/2414-634x.5(49)2021.1.

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The main objective of the study, the results of which is presented in the article, is an analysis of the content and essence of parliamentary control, which is a prerequisite for improving mechanisms for its implementation. The author has shown that the concept of parliamentarism means the presence of a division of state power to the legislative, executive and judicial, and therefore means independence and simultaneous interconnection of all branches of power. Such interconnectivity makes it possible to restrain branch branches due to mutual influence, pressure and control. The article determi

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Melik, Jelka, and Mateja Jeraj. "The Diverse Use of Archives of the Third Branch of State Power." Atlanti 26, no. 2 (2016): 143–52. http://dx.doi.org/10.33700/2670-451x.26.2.143-152(2016).

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The basic idea of the classic doctrine of separation of powers in the modern world, both in the legislative and executive branches of the state power, exceeded. Among all branches, in the judicial there were the least changes. Its role is becoming the most significant because of the control over the executive (administrative courts) and the legislative branch (Constitutional Justice). Because of this fact, archival records of the third branch of government are very important and irreplaceable in identifying and researching the past, searching and protecting the rights of natural and legal pers

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Bevz, Olena. "Legal Aspects of the Executive Bodies System Formation in the Area of the Use and Protection of Historical and Cultural Lands in Ukraine." Przegląd Prawa Administracyjnego 3 (September 5, 2021): 31–41. http://dx.doi.org/10.17951/ppa.2020.3.31-41.

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This article aims to determine the system of the state bodies of executive power in terms of their competence in cultural and historical land usage and protection, taking into account the latest changes in Ukrainian legislation. The author emphasizes that the administration of lands designated for historical and cultural use and protection should take place within a framework of executive bodies specifically authorized as regards cultural heritage protection. Special attention is drawn to the powers of such state bodies like the Ministry of Culture and Information Policy of Ukraine, the State

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