News and SocietyPolicy

Separation of powers

When the power is overly concentrated in the same hands, it always threatens the emergence of dictatorship, arbitrariness, violence and lawlessness. Modern states have three of its branches: executive, legislative and judicial. To date, the separation of powers is an accepted norm in any state with a democratic regime. It is an indispensable condition for the country's successful development. However, the system of separation of powers in the practice of state administration did not always exist.

Thus, among the ancient Greeks, the functions of all three branches united the Athenian congregation. But in the Middle Ages the government was divided among themselves by the king, the clergy and nobility. When the monarch strove to concentrate power completely in his hands, absolutism arose (for example, France and Russia could serve). But the emperors and kings could not act freely without finance. To receive them, they increased taxes and convened noble assemblies. Thus, the aristocracy in exchange for money interfered with the king's policy. There were legislative assemblies (parliaments, rikstag, general states), which slowly but surely increased their power. Soon it came to the point that the kings began to need their support in order to carry out some reforms, etc.

At one time, philosophers such as Voltaire, Montesquieu and T. Jefferson stated that the state must necessarily divide the authorities into three branches, and each of them will balance, restrain and control others. Only in such conditions will the country be free to develop.

How is the separation of powers in practice in modern democratic countries?

1. Legislative branch is represented by the parliament. He is elected by secret ballot through the implementation of the suffrage that is equally accessible to all. Usually the parliament consists of the lower and upper chamber. Formation of the latter in different countries occurs in different ways. And the lower chamber is completed by voting of voters, that is direct elections. By decision of the majority party or as a result of its agreement with the opposition, a speaker - chairman of the lower house - is elected to lead the parliament. Its powers may also be exercised by deputies and a collegiate body. The functions of the speaker consist in coordinating the commissions and committees of the parliament, in presenting it on the international arena, in regulating the debates that arise during the meetings.

2. The executive branch of power. It is headed by either the president or the prime minister. He directs several executive bodies: administrations, ministries and various departments. The executive power always interacts with the legislative, since the persons who represent it, must coordinate their actions with the constitution. The main instrument of control over the activities of this branch is the right to file accusations against persons holding public office if they harm the country.

The separation of powers in the modern state is also influenced by the opposition, which exists and operates within the framework of the law. Its leaders give a critical assessment of the decisions and documents of the cabinet of the government. In this way they confirm the domination of democracy in the political process.

3. Judicial power. It ensures the legality of the first two branches. To this end, a Supreme Court or a similar instance is created that oversees the observance of the constitution and the compliance of orders of legislative and executive bodies with it.

So, it is clear that when the state separates the authorities into three branches, then the executive, legislative and judicial institutions, being independent, will control each other, thus preventing any attempts to abuse the situation.

Similar articles

 

 

 

 

Trending Now

 

 

 

 

Newest

Copyright © 2018 en.unansea.com. Theme powered by WordPress.