Some Terminological Controversies Concerning the Maxim of Division of Power Cover Image

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Some Terminological Controversies Concerning the Maxim of Division of Power

Author(s): Ryszard Mariusz Małajny
Subject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwo Uniwersytetu Śląskiego
Keywords: State power; division of power; terminological controversies

Summary/Abstract: According to the Author, division of the state power may be considered on the following levels (planes): A. A legal (functio-organizational) level - i.e., a functional individuation of the particular legal spheres of state activity and accomplishment of the correspondent organizational distribution of this government into the particular organs. B. A socio-political level - i.e., a lack of social and political identity of the power subjects with the state apparatus or an identification of the specified social classes and groups with the particular organs. This classification is of leading character, therefore, any other typologies will be of complementary nature. So, within the legal level division of power may be examined in the aspects named below: A.I. A formal aspect - i.e., a distribution of the state power under the provisions of law. II. A substantial aspect - i.e., a distribution of the state power in fact. B.I. - An objective aspect - i.e., a functional individuation of the particular legal spheres of state activity. II. A subjective aspect - i.e., an organizational distribution of the state apparatus into the particular state organs according to the previously accomplished functional division of power. C.I. A horizontal aspect - i.e., a distribution of powers between the correspondent state organs of the same hierarchical level. II. A vertical aspect - i.e., a distribution of powers between the organs of central (including federal) and territorial level (including the organs of the members of federation). D.I. An external aspect - i.e., a division of powers between the particular groups of organs. II. An internal aspect - i.e., a division of powers within the particular groups of organs. It is worth emphasizing that most authors mainly name two antithetical aspects of division of power - in which they are most interested - and use various designations for them. Beyond that, a rational classification of the foregoing aspects can hardly be met. The constitutionalists primarily deal with the legal aspect of the above principle and less with the socio-political one. Yet, within the sphere of the former they prefer the following aspects: formal, objective, subjective, and horizontal.

  • Issue Year: 2009
  • Issue No: 1
  • Page Range: 49-59
  • Page Count: 11
  • Language: English
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