Difference between revisions of "Separation of powers"

Revision as of 14:22, 3 May 2023

Separation of powers (Разделение власти) is organization of state government, characterized in that, that the three kind of activity:
1. Creation of laws,
2. The execution of laws and
3. judge of crimes (who violate the law)
are performed by three different state institutes, "branches", separated from each other, not subordinate each other.

Branches

The three kinds of the state power and the corresponding state institutions are called "branches" ^[1]:
The legislative branch is responsible for enacting the laws of the state and appropriating the money necessary to operate the government.

The executive branch is responsible for implementing and administering the public policy enacted and funded by the legislative branch.

The judicial branch is responsible for interpreting the constitution and laws and applying their interpretations to controversies brought before it.

More terminology

The Lumenlearning ^[2] suggests the following terminology:

Government is the means by which state policy is enforced, as well as the mechanism for determining the policy of the state. States are served by a continuous succession of different governments.

Governments with Aristarchy attributes are traditionally ruled by the “best” people. Examples include aristocracy, technocracy and meritocracy.

Governments with autocratic attributes are ruled by one person who has all the power over the people in a country. Examples include authoritarian, totalitarian and fascist governments.

Governments with democratic attributes are most common in the Western world and in some countries of the east. In democracies, all of the people in a country can vote during elections for representatives or political parties that they prefer.

Governments with monarchic attributes are ruled by a king or a queen who inherits their position from their family, which is often called the royal family.

Governments with oligarchic attributes are ruled by a small group of powerful and/or influential people. These people may spread power equally or not equally.

Plutocracy defines a society or a system ruled and dominated by the small minority of the wealthiest citizens. Unlike systems such as democracy, capitalism, socialism or anarchism, plutocracy is not rooted in an established political philosophy and has no formal advocates.

government: The body with the power to make and/or enforce laws to control a country, land area, people or organization.

state: A political division of a federation retaining a degree of autonomy, for example one of the fifty United States. See also Province.

Usurpation

Separation of powers is antonym of term usurpation, that denote the state of society, when same leader, fuhrer, or some council, junta perform all the 3 kinds of activity mentioned.

History

Idea of separation of power refers to Charles Montesquieu (Charles Louis de Secondat, baron de La Brède et de Montesquieu), "De l’esprit des lois", 1772 ^[3]^[4].

Since century 19, the most of civilized countries use the Separation of powers as base of legislation. Elimination of the Separation of powers from the Federal Law of an empire is usually followed by its collapse within 10-20 years; the examples are collected in article Kestus.

References

↑ https://www.ncsl.org/research/about-state-legislatures/separation-of-powers-an-overview.aspx Separation of Powers--An Overview. The term "trias politica" or "separation of powers" was coined by Charles-Louis de Secondat, baron de La Brède et de Montesquieu, an 18th century French social and political philosopher. His publication, Spirit of the Laws, is considered one of the great works in the history of political theory and jurisprudence, and it inspired the Declaration of the Rights of Man and the Constitution of the United States. Under his model, the political authority of the state is divided into legislative, executive and judicial powers. He asserted that, to most effectively promote liberty, these three powers must be separate and acting independently. // Separation of powers, therefore, refers to the division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another. The intent is to prevent the concentration of power and provide for checks and balances. // The traditional characterizations of the powers of the branches of American government are:
The legislative branch is responsible for enacting the laws of the state and appropriating the money necessary to operate the government.
The executive branch is responsible for implementing and administering the public policy enacted and funded by the legislative branch.
The judicial branch is responsible for interpreting the constitution and laws and applying their interpretations to controversies brought before it.
↑ https://courses.lumenlearning.com/boundless-politicalscience/chapter/forms-of-government/ Forms of Government Forms of government are categorized by the power source and power structure of any given state. ..
↑ https://en.wikisource.org/wiki/The_Spirit_of_Laws English-language translations of De l’esprit des lois (The Spirit of Laws) by Montesquieu // The Spirit of Laws (1758), translated by Thomas Nugent
↑ https://fr.wikisource.org/wiki/De_l’esprit_des_lois_(éd._Nourse) Montesquieu. De l’esprit des lois. Nourse, 1772 (tome 1, p. 1-484). Page:Montesquieu - Esprit des Lois - Tome 2.djvu/22 Page:Montesquieu - Esprit des Lois - Tome 2.djvu/23 REMERCIMENT SINCERE A UN HOMME CHARITABLE, ATTRIBUÉ A M. DE VOL- TAIRE, 463 LYSIMAQUE, 469 Fin de la table des livres & chapitres du second volume.

https://en.wikipedia.org/wiki/Separation_of_powers Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typical division is into three branches: a legislature, an executive, and a judiciary, which is the trias politica model. It can be contrasted with the fusion of powers in parliamentary and semi-presidential systems, where the executive and legislative branches overlap.

Keywords

History, Kestus, Usurpation

[1] ttps://www.ncsl.org/research/about-state-legislatures/separation-of-powers-an-overview.aspx Separation of Powers--An Overview. The term "trias politica" or "separation of powers" was coined by Charles-Louis de Secondat, baron de La Brède et de Montesquieu, an 18th century French social and political philosopher. His publication, Spirit of the Laws, is considered one of the great works in the history of political theory and jurisprudence, and it inspired the Declaration of the Rights of Man and the Constitution of the United States. Under his model, the political authority of the state is divided into legislative, executive and judicial powers. He asserted that, to most effectively promote liberty, these three powers must be separate and acting independently. // Separation of powers, therefore, refers to the division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another. The intent is to prevent the concentration of power and provide for checks and balances. // The traditional characterizations of the powers of the branches of American government are:
The legislative branch is responsible for enacting the laws of the state and appropriating the money necessary to operate the government.
The executive branch is responsible for implementing and administering the public policy enacted and funded by the legislative branch.
The judicial branch is responsible for interpreting the constitution and laws and applying their interpretations to controversies brought before it.

[2] ttps://courses.lumenlearning.com/boundless-politicalscience/chapter/forms-of-government/ Forms of Government Forms of government are categorized by the power source and power structure of any given state. ..

[3] ttps://en.wikisource.org/wiki/The_Spirit_of_Laws English-language translations of De l’esprit des lois (The Spirit of Laws) by Montesquieu // The Spirit of Laws (1758), translated by Thomas Nugent

[4] ttps://fr.wikisource.org/wiki/De_l’esprit_des_lois_(éd._Nourse) Montesquieu. De l’esprit des lois. Nourse, 1772 (tome 1, p. 1-484). Page:Montesquieu - Esprit des Lois - Tome 2.djvu/22 Page:Montesquieu - Esprit des Lois - Tome 2.djvu/23 REMERCIMENT SINCERE A UN HOMME CHARITABLE, ATTRIBUÉ A M. DE VOL- TAIRE, 463 LYSIMAQUE, 469 Fin de la table des livres & chapitres du second volume.

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@@ Line 79: / Line 79: @@
 Since century 19, the most of civilized countries use the [[Separation of powers]] as base of legislation.
-Elimination of the [[Separation of powers]] from the Federal Law of an empire is usually followed by its collapse collapse within 10-20 years; the examples are collected in article [[Kestus]].
+Elimination of the [[Separation of powers]] from the Federal Law of an empire is usually followed by its collapse within 10-20 years; the examples are collected in article [[Kestus]].
 ==References==