In most cases, a democratic state is associated with the equal existence of all its institutions. This situation was determined by the theory of separation of powers, the foundations of which were laid by a whole galaxy of outstanding philosophers. What is the essence of such a structure of the country? To give a detailed answer to this question, it is necessary not only to grasp the essence, but also to reveal its formation.
The theory of separation of powers - a historical digression
If we trace the evolution of power, it will become extremely clear that its status has noticeably changed. Be that as it may, but for most of human history, power has been concentrated in a single source. At first it was a tribe, then the council of elders, then the elder himself or the leader. With the advent of the state as a form of organization of society, all power came to either the monarch (as it was in Egypt) or the collegial body (as evidenced by the examples of Ancient Rome and Ancient Greece). In this case, it was always about the judicial, executive and legislative branches. But even at that far time, among philosophers and statesmen, ideas about their separation were already roaming. This is evidenced by the work of Aristotle, Plato, Polybius.
However, these views were most widely manifested in the Renaissance, which reached its peak at the change of this period and the Enlightenment. Thus, the famous scholars John Locke and Thomas Hobbes laid the foundations in their works, arguing that an absolute monarchy should be limited to the people. Their ideas were supported and developed by S.-L. Montesquieu, thanks to which the modern concept of separation of powers arose.
The theory of separation of powers - a modern concept
The modern Western perception of the state says that all its branches must be separated from each other. Those. Legislative, judicial and executive powers should cooperate with each other on the principles of independence and equality. It is this concept of the functioning of democratic countries that is put forward by the theory of separation of powers.
However, why adhere to such a mechanism of functioning? The answer lies in the essence of the theory under consideration. According to her, the separation of the branches of government and its implementing authorities eliminates the very possibility of concentrating more authority in a particular group. So, there are four basic principles on which Montesquieu’s theory of separation of powers is based:
- The three indicated branches of power should be designated in the basic law of the country and, according to it, be managed by different bodies;
- the three authorities function in cooperation, but not in subordination to each other;
- they do not have the right to interfere with each other's powers;
- Strict apoliticality of the judiciary.
It is on these principles that the fundamental beginning of the interaction of the executive and legislative branches is based. The theory of separation of powers calls this mechanism as follows: checks and balances. It is used in cases where representatives of these two types deliberately violate the scope of administration of each other.
In addition to the indicated mechanism, the theory of the separation of powers helps to clearly correlate which state bodies should flow into one or another branch.
So, the main legislative body is the Parliament. Depending on the country, its name may vary. However, the essence remains the same - the development and adoption of laws.
The Government with its structural divisions is included in the executive branch , and in the judiciary, respectively, the courts. Standing apart from the latter is the constitutional court. Due to the duality of the decisions made by him, it is customary to separate this body of the country into a separate state-legal institution, which acts as an arbiter between all the structural elements of the state.
Montesquieu's theory of the separation of powers laid down in the Enlightenment is still the fundamental principle of the existence of most Western countries. Therefore, a clear understanding of its essence allows us to give an objective assessment not only of the forms of government, but also of the political regime.