ТЕОРИЈЕ СИСТЕМА ВЛАСТИ У ЕНГЛЕСКОМ КОНСТИТУЦИОНАЛИЗМУ ОСАМНАЕСТОГ СТОЛЕЋА
THEORIES ON SYSTEM OF POWERS IN THE EIGHTEENTH CENTURY ENGLISH CONSTITUTIONALISM

Summary/Abstract: Theories on the system of powers in the eighteenth century English constitutionalism are profoundly affected by a conservative political thought. They leave aside radically individualistic elements of the Lockean doctrine on the separation of powers. This is primarily the outcome of the post-revolutionary phase in England, the political system of which being the institutional and functional framework of a socio-economic balance, deeply rooted into the society of the time. After having thoroughly discussed on the conservative doctrine of the balancеd constitution (Blackstone, Burke) and Bentham’s teaching on the real system of powers as opposed to its constitutional pattern, the author arrives at the following concluding highlights of the eighteenth century constitutional thought on government. First. The element of control has proven substantial for functioning of any system of powers aimed at providing for limited government. This is why any theoretically consequent doctrine on the separation of powers has been made irrelevant The active balance in the relationship between the legislative and executive powers can be carried out by having their functional independence of each other brought to a certain degree only. Secondly. When arguing for such doctrine on they system of powers that shall per se provide for government under law, by having each of the powers checked and controlled by another, the English constitutionalists cannot help seeking socio-political foundations of a constitutionally laid down balance, this being both their theoretical and ideological argumentation. Thirdly. The eighteenth century English liberalism takes for granted that individual liberty shall be guaranteed when having political power legality institutionalized. This is how the system of powers has been made the institutional i.e. legal means of limitation and control of political power.

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