The principle by which a scheme of a tree of power with branches is compiled was first formulated by J. Locke, an English enlightener who lived in the 17th century. He was an active opponent of tyranny and advocated the theory of social contract and compromise. In one of his works, Locke proposed dividing power into three areas. Subsequently, this principle became widespread. Let us further consider what constitutes a power tree diagram.
general characteristics
The author of the principle of separation of powers, Locke proposed to differentiate it into three branches:
- Executive. Its head should be the monarch.
- Legislative. It is represented by parliament.
- Federated. In this area, foreign policy activities are carried out.
Locke also referred the courts to the executive branch. The French enlightener Sh. L. Montesquieu proposed a traditional model. His scheme of the tree of power included:
- People.
- Executive Institutions. She was also represented by the monarch and was limited in a certain way.
- Judicial branch. Its functions included the imposition of punishments for crimes and the resolution of disputes between private individuals.
- Legislature. It should be carried out by a meeting of representatives and express the interests of the population.
The tree of power with branches, according to Montesquieu, acted as a criterion for an immoderate and moderate form of government. Nevertheless, his draft Constitution did not speak of a balance of directions. It was assumed that the institution of legislative power would occupy a supreme position. Rousseau supported the theory of separation. However, his tree of power was built on the principle of priority of the sovereignty of the people. Rousseau attached great importance to direct democracy.
USA
America was originally created as a republic. At the same time, a confederation was proclaimed in the first stages. Subsequently, it transformed into a republican federal state. The founders of the United States significantly expanded the theory of separation of powers. They justified the need for independence and isolation of the main directions. Meanwhile, the legislative institution was dominant. In order to avoid imbalance, it was decided to divide the parliament into chambers - upper and lower. The procedure for the election of the first was significantly different from the rules provided for the second. The upper chamber was supposed to be a deterrent to the lower chamber. The judiciary has a special role.
World practice
In a constitutional country, the tree of power characterizes the interaction between parliament, government and the head of state. Different powers developed various forms of government. Accordingly, this or that scheme of the tree of power is formed.
Grade 3: the world
The first acquaintance with the principle of separation of directions of governing the country is received by children in elementary school. In lessons around the world, they are offered a fairly simple outline of the tree of power. Grade 3 does not imply an in-depth study of certain forms of government. Children are given general knowledge so that they have an idea of the administrative apparatus of the state. Therefore, they draw a simple tree of power. Grade 3 provides a program that includes familiarization with such a concept as the Constitution. After all, it is in it that the principle of separation of state institutions in directions is fixed.
Monarchy
A tree of power with branches in Russia during the time of the limited monarchy (between two historical revolutions) suggested that the parliament has the right to legislate, and the tsar forms a government and has the ability to veto regulations. The same system was in Britain after the end of the Glorious Revolution. In a parliamentary monarchy, the head of the country is considered nominal. He does not exercise his powers on his own. The monarch has the right to form a government from party representatives who won the election and constitute a majority. He may be vested with other powers. However, in fact, the country is governed by the head of government. Such a tree of power can exist only in the presence of a stable bipartisan system.
Absolute monarchy
All power, as the name implies, is concentrated in the hands of the king. In this case, of course, we are not talking about any division. Meanwhile, the famous reformer Speransky proposed a project according to which a constitutional monarchy is established and representative bodies are introduced according to the vertical system. In addition, it was supposed to consolidate the principle of separation of powers:
- Legislative passed to the sovereign Duma.
- Executive - to the monarch.
- Trial - to the courts led by the Senate and the jury.
Additionally, certain powers could be obtained by the Council of State. The Decembrists had their own ideas on this subject. So, Pestel proposed to establish a regime of republican rule. In this system, it was supposed to introduce a separation of powers into executive (including judicial), legislative and supervisory. In addition, it was proposed to disseminate the practice of public gatherings. According to the draft Muravyov, it was assumed the establishment of a constitutional monarchy, a federal structure. In his program, power was divided into legislative, judicial and executive, a bicameral parliament was introduced. Alexander II carried out reforms. As a result, local self-government and a unified system of courts were formed. In 1905-1906, after the creation of the State Duma, the principle of the separation of powers was enshrined in the Manifesto of October 17. In accordance with the document, the monarch, together with the State Duma and the State Council, had legislative powers. The emperor was also vested with executive power. Courts operated on behalf of the monarch. The Council of Ministers has become an independent government under the emperor.
Presidential republic
With this form of government, the tree of power looks quite clear. The US Constitution of 1787 establishes the strict principle of separation. In accordance with the established procedure, the election of the president is carried out by extra-parliamentary means. He leads the entire executive branch and government. The president has a right of suspensive veto and cannot dissolve parliament. This form functions independently of the party system. However, it does not provide mechanisms for eliminating constitutional crises.
The tree of power in Russia: a scheme in the Soviet period
In Soviet times, the principle of separation was not actually implemented. All power was in the Soviets (formally the people). Executive and other bodies were formed by them and were controlled by them. The tree of power in Russia in Soviet times assumed the presence of one party. Elections were held on no alternative basis. The party sent its representatives to the Soviets, and through them to other bodies.
Super Presidential Republic
With this form of government, in fact, a single-barrel tree of power in Russia is obtained. The scheme in this case does not imply empowerment of executive and legislative bodies. The president in such a republic in practice independently performs all the functions. He forms the government, changes the legislation, dissolves parliament. The president is entitled to call referenda. He is elected by the people, but at the same time he can ensure his victory through an administrative resource. In some cases, referenda are held on extending the presidency. This form of government is characteristic of authoritarian regimes. For a short period, it can be established at the time of eliminating the constitutional crisis. In particular, this was the tree of power in Russia from September 21 to December 25, 1993.
Reforms 1988-1993
There have been several constitutional changes in Russia. During the 1988 reform, regular changes were made to the Basic Law. In particular, a two-stage system of Soviets was formed. So, the election of people's deputies was carried out by citizens, and the formation of the Supreme Council was carried out by the Congress. In addition, the amendments provided for the possibility of nominating independent candidates. In 1990, alternative elections were held for the first time in the USSR. A year later, amendments were made to the Constitution of the RSFSR, in accordance with which the Oversight Committee and the Federation Council were formed. In 1991, the All-Russian referendum raised the issue of establishing the presidency. In the Constitution, he was not considered as the head of the country, but acted as the highest official of the executive bodies.
Once again, the question of the separation of powers was raised in 1992. This was due to a deep constitutional crisis in the country. As a result, a reform was carried out in September 1993, during which the opposition tried to overthrow the then incumbent President Yeltsin. However, the head of state took a number of measures, including the dissolution of the system of Soviets throughout the country, the transfer of executive and administrative powers to local and regional administrations. On December 12, 1993, at a popular referendum, a new Constitution was approved, which enshrined the principle of the separation of powers that is in effect today.
Conclusion
The concept of separation of powers has undergone various changes. In the constitutions of different countries, provisions periodically appeared that departed from the original strict schemes. The authors of the principle assumed the supremacy of legislative institutions. But during the 19-20 centuries. not representative but executive branch was strengthened. This is due to the complexity of the entire management system in the conditions of industrialization and then informatization of society. In those countries where the legislative branch was stronger, it was under the great influence of political associations. With a multi-party system, this led to instability of the state administration mechanism and frequent changes of government, and with a single-party system, to the dictates of the ruling coalition. In modern conditions, the separation is not carried out between three independent branches, but there is a differentiation of directions in a single system of power. In an integral state, several control apparatuses cannot exist. Also, the branches of government cannot function completely isolated from each other.