The principle of separation of state powers: content and purpose
DOI:
https://doi.org/10.21564/2225-6555.2024.2%20(26).319905Keywords:
separation of state powers, system of checks and balances, competence, parliament, president, body of constitutional jurisdictionAbstract
The relevance of the article lies in the analysis of the content and meaning of the principle of separation of state powers. The purpose of the article is to analyze the internal content of the principle of separation of state powers, the types of its implementation in different countries, and its significance for the functioning of democratic legal statehood. To conduct the research, philosophical, general scientific, special scientific and legal methods were used, namely: dialectical method, systemic and structural-functional methods, comparative law, categories and techniques of formal logic, universal value-methodological guidelines. Based on the study of scientific developments and state legal practice, it has been determined that the principle of separation of state powers is an integral part of a democratic state, and the exercise of power is delegated to three independent branches of government. State power does not belong in its entirety to any of these branches of government, any body or person, and is concentrated in its source – the people. The delimitation of the competence of the highest state bodies is part of the organizational aspect of the theory of the separation of state powers. It is determined that according to the theory of the separation of state powers, state power is exercised through the organizational division of the institutional, functional, and subjective components of its division. The legally established system of checks and balances ensures the interconnection and coherence of the branches of state power, their interaction and mutual control. This system ensures the unity of state power. The results of this article are the justification of the need to enshrine at the constitutional level the principle of separation of state powers to ensure the sovereignty of the people, democratic and legal statehood, the presence of different models of functioning of this principle depending on the form of the state, legal traditions, historical experience, etc. The provisions of this article have both theoretical and practical significance for the activities of developing a model and consolidating the principle of separation of state powers in constitutional and legal practice.
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