Short Remarks on the Principle of Separation of Powers

• Main Author: Ionela Despa
• Format: Article
• Language: English
• Published: Danubius University 2012-05-01
• Series: EIRP Proceedings
• Subjects: freedom of individual; delimitation; liberal democracies
• Online Access: http://www.proceedings.univ-danubius.ro/index.php/eirp/article/view/1321/1187

The principle of separation of powers, as a basic principle of a real democratic political system,concerns that state activities, powers are separated by the fact that they take place separately, distinct fromone another, each with its specific, but in the social polical reality it can be seen that there are linksbetween public authorities in terms of organizational and functional, namely cooperation and mutualdeterminations. In terms of organization, the link is given by the fact that some state bodies involved in theformation of other, and the functional aspect concerns the connection of collaborations: theconstitutionality of laws passed by Parliament is controlled by the Constitutional Court or Governmentactivity can be examined by Parliament. The modern form of the principle of separation of powers requiresautonomous public authorities, sharing their incumbent functions, establishment of means of cooperationand mutual control, all in the ambience of a genuine and real autonomy. So a state cannot work unless thelaw adopted by thelegislature is applied to urge the executive and the judiciary by the executive contestcarries out its decisions. This cooperation should be accompanied by a power control, equipped with legaland institutional means that will not neutralize eachother.