THE PRINCIPLE OF SEPARATION OF POWERS AND ITS APPLICATION IN THE PARLIAMENTARY, PRESIDENTIAL AND AUTHORITARIAN FORMS OF GOVERNMENT

Abstract

The focus of the present work is on one of the most important principles of the modern constitutional state, namely the separation of powers. The separation of powers is an inalienable part of the constitutions of modern liberal-democratic states and is a prerequisite for the observance of democratic principles. At the same time, constitutionalism would be impossible without separation of powers, since all political power would hypothetically be concentrated in the hands of one person, and his word would accordingly become supreme law. Over the years, the theory of the separation of powers has been subject to multiple interpretations and has been applied differently, which can be explained by the extreme complexity of the state phenomenon. It is obvious that without even a cursory review of such research and an analysis of the traditional separation of powers doctrine, it would be difficult to present a reasoned position that is not easily refuted. With this in mind, based on specific theoretical developments in the scientific literature, dedicated to the historical development of this principle and its actual applicability in various social systems, its importance for guaranteeing the foundations of the rule of law and human rights and freedoms will be analyzed. The separation of powers is a basic principle of the modern state. Many factors such as anthropology, history, religion, natural conditions and folk psychology are able to influence the development of the state, thereby changing its overall appearance. Therefore, constitutionalists from different countries today present different models for the separation of powers and debate the strengths and weaknesses of this principle, even reaching the assumption that the separation of powers can lead to the paralysis of governance or to insufficient coordination between the various institutions, which would lead to a certain lack of balance between them and contribute to a reduction in management efficiency. Analyzing different models of government helps to discover how the separation of powers copes with the challenges faced by modern states. In conclusion, an attempt is made to define some possible changes in the system of separation of powers, as well as the future of this important principle of government in the state.